Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 458B

458B Notice of listing if database used

(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 the lessor’s agent uses a tenancy database for checking whether personal information about the applicant is in the database; and

(c) personal information about the applicant is in the database.

(2) The lessor or agent must, within 7 days after using the tenancy database, give the applicant written notice of the following—

(a) the name of the database;

(b) that personal information about the applicant is in the database;

(c) details of the listing entity for the personal information;

(d) how and in what circumstances—

(i) the applicant can have the personal information removed or amended under this chapter; and

(ii) the applicant can obtain a copy of the personal information.

Penalty—

Maximum penalty—20 penalty units.

Note—

Section 459C provides for when a lessor, lessor’s agent or database operator must provide the applicant’s listed personal information to the applicant.

(3) However, the requirement to state details of the listing entity applies only if the listing entity’s details are contained in the tenancy database.

(4) In this section—

"listing entity" , for personal information, means the lessor or agent who listed the personal information in a tenancy database.