QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.459AEnsuring quality of listing—lessors and lessors agents
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### sec.459A Ensuring quality of listing—lessors and lessors agents
This section applies if—
a lessor or lessor’s agent lists personal information about a person; and
the lessor or agent becomes aware that the personal information is inaccurate, incomplete, ambiguous or out of date.
The lessor or agent must, within the relevant notice period, give the database operator written notice—
for information that is inaccurate, incomplete or ambiguous—
that the information is inaccurate, incomplete or ambiguous; and
of how the information must be amended so that it is no longer inaccurate, incomplete or ambiguous; and
for information that is out of date—that the information is out of date and must be removed; and
in either case—that the database operator must comply with section 459B .
Maximum penalty—20 penalty units.
However, in either of the following circumstances, the lessor or agent is not required to give the notice—
the personal information is inaccurate, incomplete or ambiguous but not out of date, and the lessor or agent amends the information in the tenancy database within the relevant notice period so that it is no longer inaccurate, incomplete or ambiguous;
the personal information is out of date, and the lessor or agent removes the information from the tenancy database within the relevant notice period.
If the lessor or agent gives a notice under this section, the lessor or agent must keep a copy of the notice for 1 year after it is given to the database operator.
Maximum penalty—20 penalty units.
In this section—
relevant notice period means 7 days from the day the lessor or agent becomes aware that the person’s personal information is inaccurate, incomplete, ambiguous or out of date.
s 459A ins 2016 No. 11 s 30
(sec.459A-ssec.1) This section applies if— a lessor or lessor’s agent lists personal information about a person; and the lessor or agent becomes aware that the personal information is inaccurate, incomplete, ambiguous or out of date.
(sec.459A-ssec.2) The lessor or agent must, within the relevant notice period, give the database operator written notice— for information that is inaccurate, incomplete or ambiguous— that the information is inaccurate, incomplete or ambiguous; and of how the information must be amended so that it is no longer inaccurate, incomplete or ambiguous; and for information that is out of date—that the information is out of date and must be removed; and in either case—that the database operator must comply with section 459B . Maximum penalty—20 penalty units.
(sec.459A-ssec.3) However, in either of the following circumstances, the lessor or agent is not required to give the notice— the personal information is inaccurate, incomplete or ambiguous but not out of date, and the lessor or agent amends the information in the tenancy database within the relevant notice period so that it is no longer inaccurate, incomplete or ambiguous; the personal information is out of date, and the lessor or agent removes the information from the tenancy database within the relevant notice period.
(sec.459A-ssec.4) If the lessor or agent gives a notice under this section, the lessor or agent must keep a copy of the notice for 1 year after it is given to the database operator. Maximum penalty—20 penalty units.
(sec.459A-ssec.5) In this section— relevant notice period means 7 days from the day the lessor or agent becomes aware that the person’s personal information is inaccurate, incomplete, ambiguous or out of date.
- (a) a lessor or lessor’s agent lists personal information about a person; and
- (b) the lessor or agent becomes aware that the personal information is inaccurate, incomplete, ambiguous or out of date.
- (a) for information that is inaccurate, incomplete or ambiguous— (i) that the information is inaccurate, incomplete or ambiguous; and (ii) of how the information must be amended so that it is no longer inaccurate, incomplete or ambiguous; and
- (i) that the information is inaccurate, incomplete or ambiguous; and
- (ii) of how the information must be amended so that it is no longer inaccurate, incomplete or ambiguous; and
- (b) for information that is out of date—that the information is out of date and must be removed; and
- (c) in either case—that the database operator must comply with section 459B .
- (i) that the information is inaccurate, incomplete or ambiguous; and
- (ii) of how the information must be amended so that it is no longer inaccurate, incomplete or ambiguous; and
- (a) the personal information is inaccurate, incomplete or ambiguous but not out of date, and the lessor or agent amends the information in the tenancy database within the relevant notice period so that it is no longer inaccurate, incomplete or ambiguous;
- (b) the personal information is out of date, and the lessor or agent removes the information from the tenancy database within the relevant notice period.