Fair Rents Act Amendment Act of 1938 (2 Geo Vi No. 26) (Qld)

LABOUR-LANDLORD AND TENANT. 17185 2 GEO. VI. No. 26, 1938. Fair Rents Act Amendment Act. but subject to *"The Coal Production Regulation Acts, 1933 to 1938," continue to hold office for the term for which he was respectively appointed chairman and member or, as the case may be, member. t( 4.) The provisions of this section shall not come Operat~ on into operation until proclaimed by Proclamation of the of sectIOn. Governor in Council published in the Gazette. LAND, RESUMPTION FOR PUBLIC WORKS OF. See WORKS. LANDLORD AND TENANT. An Act to Amend" The Fair Rents Act of 1920" 2 N G o E . O. 26 V . I. in certain particulars. THE FAIR RENTS ACT AMENDMENT [ASSENTED TO 24TH NOVEMBER, 1938.] ACT OF 1938. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Fair Rents Act Short title Amendment Act of 1938 " and shall be read as one with a~ d ct<?n- t"The Fair Rents Act of 1920," herein referred to as the s rue IOn. Principal Act. The Principal Act and this Act may collectively be ~ cnective cited as "The Fair Rents Acts, 1920 to 1938." . tItle. . Amendments of the Principal Act. 2. (1.) Section five of the Principal Act is amended Amend- as follows :_ ment of s. 5. A new subsection (lA) is inserted after subsection Ne~ sub- one of the said section as follows :_ sectIon (lA). " (lA.) Notwithstanding anything contained in any Le~ sor not A. ct or law or rule or process of law, a lessor shall not rtoenItnucrneleasses mcrease the rent payable for the time being by the pursuant .to ~essee of .a dwelling-house .unless such increase of rent : io~ ~ ~ r: ~ a. IS authorIsed by a determmation by the court of the fair rent. * 24 Geo. V. No. 18 and amending Acts, supra, pages 14500 et seg. t Seetion to operate as from 2nd January, 1939. See Proclamation of 15thDecember, 1938, published in Gazette of 17th December, 1938, page 2622. t 10 Geo. V. No. 31, supra, page 9195.

17186 LANDLORD AND TENANT. Fair Rents Act Amendment Act. 2 GEO. VI. No. 26, 1938. fair rent of the dwelling-house concerned m{1de upon an application under subsection one of this section. Any person offending against this subsection shall be guilty of an offence against this Act." Sidenote to (2.) A sidenote shall be inserted to subsection two s (2 u . b ) section as follows : - " Application to registrar." Sidenote to (3.) A sidenote shall be inserted to subsection three s( 3u. b) . section as follows:- "Court to hear application." Sidenote to subsection (4.) A sidenote shall be inserted to subsection nine (9.). as follows : - "Commencement of determination." Commence· 3. This Act shall be deemed to have come into ment of Act. opera t' IOn on an d f rom t h e first d ay 0 f November, one thousand nine hundred and thirty-eight, which date is referred to as the commencement of this Act. Special 4. Where, with respect to any lease of a dwelling- apsrotvoisciaosness h ouse, t he 1essor has between t he date 0 f t he commence.- ~ here rent ment of this Act and of the passing thereof increased ~ ~ ~ : ! ~ dthe the rent of a dwelling-house otherwise than in accordance commence· with the provisions of subsection (lA) of section five of : s~ ~ ~ ~ n~ f the Principal Act (as inserted by this Act) the lessee may this Act. apply to the court for an order setting aside such increase of rent, and reinstating the lessor and lessee as nearly as mfty be in their former positions, and the court shall, having in view the fair rent of the dwelling·house con- cerned, make such order (including any refund of such increased rent) as it shall think fit and proper. Any such order purporting to be made under this section shall be final and without appeal and no writ of prohibition or certiorari shall lie in respect thereof. No application to the court under this section shall be heard by the court unless the application is made within one month after the passing of this Act. LAW SOCIETY. See SUPREME COURT. LEGAL PRACTITIONERS. See SUPREME COURT.