Retail Shop Leases Act 1994
sec.35Confidentiality of lease information
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sec.35 Confidentiality of lease information
A specialist retail valuer who obtains information under section 28A or 30 must not— use the information for any purpose other than to determine the current market rent for the leased shop; and whether directly or indirectly, disclose the information to anyone else without the agreement of the lessor and lessee. Maximum penalty—60 penalty units. However, subsection (1) (b) does not prevent the valuer from disclosing information in a way that does not identify a particular lease when specifying the matters taken into consideration by the valuer in making the determination. If the valuer discloses information in contravention of subsection (1) and the lessor or lessee suffers loss or damage because of the disclosure, the lessor or lessee is entitled to be paid by the valuer the reasonable compensation for the loss or damage agreed between the lessor or lessee and the valuer or, failing agreement, decided by way of the dispute resolution process. s 35 amd 2000 No. 19 s 37 ; 2006 No. 4 s 3 sch (sec.35-ssec.1) A specialist retail valuer who obtains information under section 28A or 30 must not— use the information for any purpose other than to determine the current market rent for the leased shop; and whether directly or indirectly, disclose the information to anyone else without the agreement of the lessor and lessee. Maximum penalty—60 penalty units. (sec.35-ssec.2) However, subsection (1) (b) does not prevent the valuer from disclosing information in a way that does not identify a particular lease when specifying the matters taken into consideration by the valuer in making the determination. (sec.35-ssec.3) If the valuer discloses information in contravention of subsection (1) and the lessor or lessee suffers loss or damage because of the disclosure, the lessor or lessee is entitled to be paid by the valuer the reasonable compensation for the loss or damage agreed between the lessor or lessee and the valuer or, failing agreement, decided by way of the dispute resolution process.
- (a) use the information for any purpose other than to determine the current market rent for the leased shop; and
- (b) whether directly or indirectly, disclose the information to anyone else without the agreement of the lessor and lessee.