Listing can be made only for particular breaches by particular persons (1) A residential rental provider or database operator must not list personal information about a person in a residential tenancy database unless— (a) the person was named as a renter in a residential rental agreement that has ended; and
(b) the person has breached the residential rental agreement or section 91ZI, 91ZJ, 91ZM, 91ZO, 91ZQ, 91ZV, 142ZB, 142ZC, 142ZF, 142ZG, 142ZI, 206AQ, 206AR, 206AU, 206AW, 206AY, 207W, 207X, 207ZA, 207ZC or 207ZD; and
(c) because of the breach, either—
(i) the person owes the residential rental provider an amount that is more than the bond; or
(ii) the Tribunal has made a possession order; and
(d) the personal information— (i) relates only to the breach; and (ii) is accurate, complete and unambiguous.
(2) Without limiting subsection (1)(d)(ii), the personal information must indicate the nature of the breach. Examples
1 An example of how personal information can indicate the nature of a breach is including the words "rent arrears" in personal information about a person who has breached a residential rental agreement by failing to pay rent.
2 An example of how personal information can indicate the nature of a breach is including the words "damage to premises" in the personal information about a person who has breached a residential rental agreement by damaging premises.
(3) A residential rental provider or database operator must not list personal information about a person in a residential tenancy database if— (a) the person breached the residential rental agreement; and
(b) that breach was a result of an act or a circumstance of family violence or personal violence experienced by the person.
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