Residential Tenancies (Protection of Prospective Tenants) Amendment Bill 2023 (SA)

South Australia Residential Tenancies (Protection of Prospective Tenants) Amendment Bill 2023 A Bill For An Act to amend the Residential Tenancies Act 1995.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Residential Tenancies Act 1995 3 Insertion of section 47B 47B Prospective tenant not to be requested to disclose prescribed information 4 Insertion of sections 52A and 52B 52A Premises to be offered for rent at fixed amount 52B Special provision relating to assessments etc of prospective tenants 5 Insertion of Part 4 Division 14A Division 14A—Tenant information 76A Preliminary 76B Dealing with tenant information 76C Powers of Tribunal Schedule 1—Transitional provisions 1 Transitional provisions

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Residential Tenancies (Protection of Prospective Tenants) Amendment Act 2023. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Residential Tenancies Act 1995 3—Insertion of section 47B After section 47A insert: 47B—Prospective tenant not to be requested to disclose prescribed information (1) A landlord, or an agent of a landlord, must not request a prospective tenant to disclose prescribed information. Maximum penalty: $20 000. Expiation fee: $1 200. (2) Subsection (1) does not apply to a request for information required for the purposes of determining whether a prospective tenant is eligible for a housing assistance program, or a class of housing assistance programs, prescribed by the regulations. 4—Insertion of sections 52A and 52B Before section 53 insert: 52A—Premises to be offered for rent at fixed amount (1) A landlord, or an agent of a landlord, must not advertise or otherwise offer premises for rent under a residential tenancy agreement unless the rent under the agreement is advertised or offered as a fixed amount. Maximum penalty: $20 000. Expiation fee: $1 200. (2) Nothing in subsection (1) prevents a person from placing a sign at or near premises for rent that— (a) advertises or offers premises for rent; and (b) does not state an amount of rent for premises. (3) A landlord, or an agent of a landlord, must not solicit or otherwise invite an offer of an amount of rent under a residential tenancy agreement that is higher than the advertised amount of rent for the premises. Maximum penalty: $20 000. Expiation fee: $1 200. 52B—Special provision relating to assessments etc of prospective tenants (1) A person acting in trade or commerce (other than an agent of a landlord) must not provide an assessment or rating of the suitability of a prospective tenant to enter into a residential tenancy agreement if a basis of the assessment or rating relates to— (a) in the case of premises advertised or otherwise offered for rent as a fixed amount under the residential tenancy agreement—the fact that the amount of rent that the prospective tenant is willing to pay under the residential tenancy agreement is higher than the fixed amount; or (b) in any other case—the amount of rent that the prospective tenant is willing to pay under the residential tenancy agreement. Maximum penalty: $20 000. (2) A person must not, except in prescribed circumstances, require or receive from a prospective tenant a payment (however described) for the provision of an assessment or rating of the suitability of the prospective tenant to enter into a residential tenancy agreement. Maximum penalty: $20 000. Expiation fee: $1 200. 5—Insertion of Part 4 Division 14A Part 4—after Division 14 insert: Division 14A—Tenant information 76A—Preliminary (1) In this Division— national privacy principles means the principles stated in Schedule 1 of the Privacy Act 1988 of the Commonwealth; successful tenant means a person who, after providing tenant information for the purposes of applying to enter into a residential tenancy agreement, enters into the residential tenancy agreement in accordance with the application; tenant information—see section 76B(1). (2) This Division does not limit the operation of— (a) Part 5A; or (b) the national privacy principles. 76B—Dealing with tenant information (1) A person who holds personal information provided for the purposes of applying to enter into a residential tenancy agreement (tenant information) must take such steps as are reasonable in the circumstances to protect the tenant information— (a) from misuse, interference or loss; and (b) from unauthorised access, modification or disclosure. Maximum penalty: $20 000. Expiation fee: $1 200. (2) A person who holds tenant information must take such steps as are reasonable in the circumstances to destroy the tenant information— (a) in the case of tenant information provided by a successful tenant—as soon as practicable after the day that falls 3 years after the date on which the end of the tenancy occurs; or (b) in any other case— (i) if the person who provided the tenant information consents to the tenant information being dealt with under this subparagraph, as soon as practicable after the day that falls 6 months after the date on which the information was provided; or (ii) if subparagraph (i) does not apply, as soon as practicable after the day that falls 30 days after the date on which the residential tenancy agreement was entered into. Maximum penalty: $20 000. Expiation fee: $1 200. (3) A person who holds tenant information must not disclose the tenant information except— (a) with the consent of the person to whom the tenant information relates; or (b) as required or authorised by this Act, any other Act or law, or a residential tenancy agreement to which the person who provided the tenant information is a party; or (c) in accordance with an order of a court or tribunal; or (d) in prescribed circumstances. Maximum penalty: $20 000. Expiation fee: $1 200. 76C—Powers of Tribunal (1) The Tribunal may, on the application of the Commissioner or a person to whom tenant information relates, make such orders against a person as may be necessary or expedient in the opinion of the Tribunal to ensure compliance with this Division or any provision of this Division. (2) If a person commits an offence against this Division, the Tribunal may, on the application of the Commissioner, make an order requiring the person to comply with conditions specified in the order in relation to tenant information held by the person. (3) An order under subsection (1) or (2) is effective for such period as may be specified in the order or until further order of the Tribunal.