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Residential Tenancies Act 1999
129Further restriction on listing
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129 Further restriction on listing
(1) A landlord or database operator must not list personal information
about a person in a tenancy database unless the landlord or
database operator:
(a) has, without charging a fee:
(i) given the person a copy of the personal information in
the approved form; or
(ii) taken other reasonable steps to disclose the personal
information to the person; and
(b) has given the person at least 28 days to review the personal
information and make submissions objecting to its entry into
the database or about its accuracy, completeness or clarity;
and
(c) has considered any submissions made.
(2) Subsection (1) does not apply if the landlord or database operator
cannot locate the person after making reasonable enquiries.
(3) Subsection (1)(b) and (c) do not apply:
(a) to information that, at the time of listing, is also publicly
available from court or Tribunal records; or
(b) to a listing involving only an amendment of personal
information under section 130.
(4) A person commits an offence if the person:
Residential Tenancies Act 1999 87
(b) lists personal information about a person in a tenancy
database other than in accordance with this section.
(5) An offence against subsection (4) is an offence of strict liability.