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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 459A
Ensuring quality of listing—lessors and lessors agents
459A Ensuring quality of listing—lessors and lessors agents
(1) This section applies if— (a) a lessor or lessor’s agent lists personal
information about a person; and
(b) the lessor or agent becomes aware that
the personal information is inaccurate, incomplete, ambiguous or out of date.
(2) The lessor or agent must, within the relevant notice period, give the
database operator written notice— (a) for information that is inaccurate,
incomplete or ambiguous— (i) that the information is inaccurate, incomplete
or ambiguous; and
(ii) of how the information must be amended so that it is
no longer inaccurate, incomplete or ambiguous; and
(b) for information that
is out of date—that the information is out of date and must be removed; and
(c) in either case—that the database operator must comply with section 459B
.
Penalty— Maximum penalty—20 penalty units.
(3) However, in
either of the following circumstances, the lessor or agent is not required to
give the notice— (a) the personal information is inaccurate, incomplete or
ambiguous but not out of date, and the lessor or agent amends the information
in the tenancy database within the relevant notice period so that it is no
longer inaccurate, incomplete or ambiguous;
(b) the personal information is
out of date, and the lessor or agent removes the information from the tenancy
database within the relevant notice period.
(4) If the lessor or agent gives
a notice under this section, the lessor or agent must keep a copy of the
notice for 1 year after it is given to the database operator. Penalty—
Maximum penalty—20 penalty units.
(5) In this section—
"relevant notice period" means 7 days from the day the lessor or agent becomes
aware that the person’s personal information is inaccurate, incomplete,
ambiguous or out of date.
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