48YListing can be made only for particular breaches by particular persons

48Y Listing can be made only for particular breaches by particular persons

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

(1)  An owner, owner's agent or database operator must not list personal information about a person in a residential tenancy database unless –

(a) the person was a tenant under a residential tenancy agreement that has ended; and

(b) the person has breached the agreement; and

(c) because of the breach, either –

(i) the person owes the owner an amount that is more than the security deposit for the agreement; or

(ii) the Court has made an order under section 41 terminating the residential tenancy agreement; and

(d) the personal information –

(i) relates only to the breach; and

(ii) is accurate, complete and unambiguous.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Without limiting subsection (1)(d)(ii) , the personal information must indicate the nature of the breach.