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Residential Tenancies Act 1997
87Definitions—pt 7
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87 Definitions—pt 7
agent, of a lessor, means a person employed, or otherwise authorised,
by the lessor to act as the lessor’s agent.
database means a system, device or other thing used for storing
information, whether electronically or in some other form.
database operator means an entity that operates a residential tenancy
database.
inaccurate, in relation to personal information in a residential
tenancy database, includes information that is inaccurate because—
(a) the information shows that the person owes a lessor an amount
that is more than the rental bond; and
(b) the amount owed was paid to the lessor more than 3 months after
the amount became due.
Note If the amount is paid to the lessor within 3 months of the amount
becoming due, the information would be out of date.
list, in relation to personal information in a residential tenancy
database—
(i) enter the personal information into the database; or
(ii) give the personal information to the database operator or
someone else for entry into a database; and
(b) includes amend personal information in the database to include
additional personal information about a person.
out of date, in relation to personal information in a residential tenancy
database, means the information is no longer accurate because—
(a) for a listing made on the basis that a person owes a lessor an
amount that is more than the rental bond—the amount owed was
paid to the lessor within 3 months after the amount became due;
or
(b) for a listing made on the basis that a court or the ACAT has made
an order terminating the residential tenancy agreement—the
order has been set aside or revoked by a court or the ACAT.
personal information—
(a) means information or an opinion, whether true or not, about—
(i) an identified individual; or
(ii) an individual whose identity can reasonably be worked out
from the information or opinion; and
(b) includes an individual’s name.
rental bond, for a residential tenancy agreement—
(a) means the amount (however described)—
(i) paid by or for the tenant under the agreement to the lessor
under the agreement, the Territory or another entity at the
direction of the lessor; and
(ii) intended to be available for the financial protection of the
lessor against the tenant breaching the agreement; and
(b) does not include rent paid in advance.
residential tenancy database means a database—
(a) containing personal information—
(i) relating to, or arising from, the occupation of premises
under a residential tenancy agreement; or
(ii) entered into the database for reasons relating to, or arising
from, the occupation of premises under a residential
(b) with an intended purpose of use by a lessor or lessor’s agent for
checking a person’s tenancy history for deciding whether a
residential tenancy agreement should be entered into with the
person.