48WNotice of usual use of database

48W Notice of usual use of database

[Section 48W Inserted by No. 35 of 2011, s. 8, Applied:01 Jan 2012]

(1)  This section applies if –

(a) a person (the applicant) applies to an owner, whether or not through the owner's agent, to enter into a residential tenancy agreement; and

(b) the owner or, if the application is made through the owner's agent, the owner or agent usually uses one or more residential tenancy databases for deciding whether a residential tenancy agreement should be entered into with a person.

(2)  The owner or agent must, when the application is made, give the applicant written notice stating the following:

(a) the name of each residential tenancy database the owner or agent usually uses, or may use, for deciding whether a residential agreement should be entered into with a person;

(b) that the reason the owner or agent uses a residential tenancy database specified under paragraph (a) is for checking an applicant's tenancy history;

(c) for each residential tenancy database specified under paragraph (a) , how persons may contact the database operator who operates the database and obtain relevant information from the operator.

(3)  Subsection (2) applies in relation to a residential tenancy database whether or not the owner or agent intends to use the database for deciding whether a residential tenancy agreement should be entered into with the applicant.

(4)  However, the owner or agent is not required to give the written notice referred to in subsection (2) if a written notice stating the matters mentioned in the subsection was given to the applicant not more than 7 days before the application was made.