New South Wales Consolidated Acts

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RESIDENTIAL TENANCIES ACT 2010 - SECT 209

Definitions

209 Definitions

In this Part--

"agent" of a landlord means a person acting on behalf of a landlord and includes a landlord's agent.

"database" means a system, device or other thing used for storing information, whether electronically or in some other form.

"database operator" means an entity that operates a residential tenancy database.

"list" personal information about a person in a residential tenancy database means--

(a) enter the personal information into the database, or
(b) give the personal information to a database operator or someone else for entry into the database,
and includes amend personal information about the person in the database to include additional personal information about the person.

"out-of-date" , in relation to personal information in a residential tenancy database, means the information is no longer accurate because--
(a) for a listing made on the basis the person owes a landlord an amount that is more than the rental bond for a residential tenancy agreement--the amount owed was paid to the landlord within 3 months after the amount became due, or
(b) for a listing made on the basis the Tribunal has made a termination order--the order has been suspended, the warrant for possession has lapsed or the parties have entered into a new residential tenancy agreement.

"personal information" means--
(a) an individual's name, or
(b) information or an opinion, whether true or not, about an individual whose identity is apparent, or can be reasonably ascertained, from the information or opinion.

"residential tenancy database" means a database--
(a) containing personal information--
(i) relating to, or arising from, the occupation of residential premises under a residential tenancy agreement, or
(ii) entered into the database for reasons relating to, or arising from, the occupation of residential premises under a residential tenancy agreement, and
(b) the purpose of which is for use by landlords or agents of landlords for checking a person's tenancy history to decide whether a residential tenancy agreement should be entered into with the person.



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