Queensland Numbered Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 80

80 Insertion of new ch 9, pt 2 and ch 9, pt 3, hdg

After section 457B —
insert—

Part 2 - Protection of personal information

457C Definition for part In this part—

"applicant" means—

(a) a person who applies to a lessor or a lessor’s agent to enter into a residential tenancy agreement; or

(b) a person who applies to a provider or a provider’s agent to enter into a rooming accommodation agreement.

457D Requirements about collecting personal information

(1) This section applies to a person collecting personal information about an applicant, tenant or resident in relation to a residential tenancy agreement or rooming accommodation agreement.

(2) The person may collect the personal information—

(a) in relation to an applicant—only for the purposes of assessing the suitability of the applicant as a tenant or resident for the premises; or

(b) in relation to a tenant or resident—only if the information relates to the management of the agreement.

Penalty—

Maximum penalty—20 penalty units.

(3) For subsection (2)(b), photographs taken of the rental property during inspections are information relating to the management of the agreement.

457E Requirements about collected information

(1) A lessor, lessor’s agent, provider or provider’s agent (the
"relevant person" ) must ensure that personal information about an applicant is—

(a) stored in a secure way; and

(b) accessed only by the relevant person for the purposes of assessing the suitability of the applicant as a tenant or resident for the premises; and

(c) if the applicant does not become a tenant or resident—destroyed in a secure way within—

(i) 3 months after a residential tenancy agreement or a rooming accommodation agreement for the tenancy or accommodation for which the applicant applied commences; or

(ii) a longer period agreed to by the applicant.

Penalty—

Maximum penalty—20 penalty units.

(2) The relevant person must ensure that personal information about a tenant or resident is—

(a) stored in a secure way; and

(b) accessed only for the purposes of managing the premises or rental premises; and

(c) destroyed in a secure way within 7 years after the end of the residential tenancy agreement or rooming accommodation agreement to which the information relates.

Penalty—

Maximum penalty—20 penalty units.

Part 3 - Tenancy databases

457F Definitions for part In this part—