Queensland Subordinate Legislation as Made

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION (COVID-19 EMERGENCY RESPONSE) REGULATION 2020 - REG 46

46 Restriction on listing on tenancy database

(1) This section applies to personal information relating to—

(a) a failure to pay rent as required under a residential tenancy agreement; or

(b) ending a residential tenancy agreement.

(2) A person (a
"user" ) must not list personal information about another person in a tenancy database if the failure to pay rent, or the ending of the agreement, happened during the COVID-19 emergency period and was because of the other person—

(a) suffering excessive hardship because of the COVID-19 emergency; or

(b) complying with a public health direction.

Penalty—

Maximum penalty—20 penalty units.

(3) However, subsection (2) (a) does not apply if—

(a) the user was the lessor or lessor’s agent under the residential tenancy agreement when the failure happened; and

(b) the other person did not inform the user that the failure to pay the rent, or the ending of the agreement, was because of a circumstance mentioned in subsection (2) (a) or (b) .

(4) This section applies in addition to the restrictions on listing personal information in a tenancy database under section 459 of the Act .

(5) In this section—

"list" see section 457 of the Act .

"personal information" see section 457 of the Act .

"tenancy database" see section 457 of the Act .