South Australian Current Acts South Australian Current Acts99D—Notice of usual use of database
(1) This section
applies if—
(a) a
person (the "applicant") applies to a landlord, whether or not through the
landlord's agent, to enter into a residential tenancy agreement; and
(b) the
landlord or, if the application is made through the landlord's agent, the
landlord or agent usually uses 1 or more residential tenancy databases
for deciding whether a residential tenancy agreement should be entered into
with a person.
(2) The landlord or
agent must, when the application is made, give the applicant written notice
stating the following:
(a) the
name of each residential tenancy database the landlord or agent usually uses,
or may use, for deciding whether a residential tenancy agreement should be
entered into with a person;
(b) that
the reason the landlord or agent uses a residential tenancy database mentioned
in paragraph (a) is for checking an applicant's tenancy history;
(c) for
each residential tenancy database mentioned in paragraph (a), how persons
may contact the database operator who operates the database and obtain
information from the operator.
Maximum penalty: $35 000.
Expiation fee: $2 000.
(3)
Subsection (2) applies in relation to a residential tenancy database
whether or not the landlord or agent intends to use the database for deciding
whether a residential tenancy agreement should be entered into with the
applicant.
(4) However, the
landlord or agent is not required to give the written notice mentioned in
subsection (2) if a written notice stating the matters mentioned in the
subsection was given to the applicant not more than 7 days before the
application was made.
Example—
The landlord or agent gave a written notice stating the matters mentioned in
subsection (2) to the applicant when the applicant obtained the
application form and that happened less than 7 days before the applicant
made the application.