QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.458BNotice of listing if database used
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### sec.458B Notice of listing if database used
This section applies if—
a person (the applicant ) applies to a lessor, whether or not through the lessor’s agent, to enter into a residential tenancy agreement; and
the lessor or the lessor’s agent uses a tenancy database for checking whether personal information about the applicant is in the database; and
personal information about the applicant is in the database.
The lessor or agent must, within 7 days after using the tenancy database, give the applicant written notice of the following—
the name of the database;
that personal information about the applicant is in the database;
details of the listing entity for the personal information;
how and in what circumstances—
the applicant can have the personal information removed or amended under this part; and
the applicant can obtain a copy of the personal information.
Maximum penalty—20 penalty units.
Section 459C provides for when a lessor, lessor’s agent or database operator must provide the applicant’s listed personal information to the applicant.
However, the requirement to state details of the listing entity applies only if the listing entity’s details are contained in the tenancy database.
In this section—
listing entity , for personal information, means the lessor or agent who listed the personal information in a tenancy database.
s 458B ins 2016 No. 11 s 28
amd 2024 No. 27 s 82
(sec.458B-ssec.1) This section applies if— a person (the applicant ) applies to a lessor, whether or not through the lessor’s agent, to enter into a residential tenancy agreement; and the lessor or the lessor’s agent uses a tenancy database for checking whether personal information about the applicant is in the database; and personal information about the applicant is in the database.
(sec.458B-ssec.2) The lessor or agent must, within 7 days after using the tenancy database, give the applicant written notice of the following— the name of the database; that personal information about the applicant is in the database; details of the listing entity for the personal information; how and in what circumstances— the applicant can have the personal information removed or amended under this part; and the applicant can obtain a copy of the personal information. Maximum penalty—20 penalty units. Section 459C provides for when a lessor, lessor’s agent or database operator must provide the applicant’s listed personal information to the applicant.
(sec.458B-ssec.3) However, the requirement to state details of the listing entity applies only if the listing entity’s details are contained in the tenancy database.
(sec.458B-ssec.4) In this section— listing entity , for personal information, means the lessor or agent who listed the personal information in a tenancy database.
- (a) a person (the applicant ) applies to a lessor, whether or not through the lessor’s agent, to enter into a residential tenancy agreement; and
- (b) the lessor or the lessor’s agent uses a tenancy database for checking whether personal information about the applicant is in the database; and
- (c) personal information about the applicant is in the database.
- (a) the name of the database;
- (b) that personal information about the applicant is in the database;
- (c) details of the listing entity for the personal information;
- (d) how and in what circumstances— (i) the applicant can have the personal information removed or amended under this part; and (ii) the applicant can obtain a copy of the personal information.
- (i) the applicant can have the personal information removed or amended under this part; and
- (ii) the applicant can obtain a copy of the personal information.
- (i) the applicant can have the personal information removed or amended under this part; and
- (ii) the applicant can obtain a copy of the personal information.