Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 458A

458A Notice of usual use of database

(1) This section applies if—

(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 lessor’s agent usually uses 1 or more tenancy databases for deciding whether a residential tenancy agreement should be entered into with a person.

Example for subsection (1)(b)—

A lessor or agent under an agreement with a database operator accesses the database operator’s tenancy database to check a prospective tenant’s tenancy history.

(2) The lessor or agent must, when the application is made, give the applicant written notice of the following—

(a) the name of all the tenancy databases the lessor or agent usually uses;

(b) that the reason the lessor or agent uses the relevant databases is for checking a person’s tenancy history;

(c) for each relevant database, how a person may contact the database operator and obtain information from the operator.

Penalty—

Maximum penalty—20 penalty units.

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

(4) The lessor or agent is not required to give a notice under subsection (2) if—

(a) an earlier notice was given to the applicant under the subsection not more than 7 days before the application was made; and

(b) the details contained in the notice, if it were given, would be the same as the details contained in the earlier notice.

(5) A notice under subsection (2) may be combined with another document that the lessor or agent gives the tenant.

Example for subsection (5)—

A notice may be combined with a written tenancy application form.