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Residential Tenancies Act 1999
133Keeping personal information listed
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133 Keeping personal information listed
(1) A database operator must not keep personal information about a
particular person in the operator’s tenancy database for longer than
the shorter of:
(a) 3 years; or
(b) the period ending when the information must be removed
under the Australian Privacy Principles as defined in the
Privacy Act 1988 (Cth).
(2) However, a database operator may keep a person's name in the
operator's tenancy database for longer than the period allowed
under subsection (1) if:
(a) other personal information about the person in the database is
attached to the name; and
(b) the other personal information is not required to be removed
under subsection (1) or by another law.
(3) A database operator commits an offence if the operator keeps
personal information about a person in the operator's tenancy
database other than in accordance with this section.
(4) An offence against subsection (3) is an offence of strict liability.
(5) This section does not limit the operation of another provision of this
Part or another law that requires the removal of the personal
information.