Increase of Rent (War Restrictions) Act Amendment Act 1948 (WA)

INCREASE OF RENT (WAR

RESTRICTIONS).

12° GEO. VI., No. II.

No. 2 of 1948.

AN ACT to amend and continue the operation of the Increase of Rent (War Restrictions) Act, 1939- 1947.

[Assented to 13th August, 1948.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

1. This Act may be cited as the Increase of Rent short title.

(War Restrictions) Act Amendment Act, 1948, and shall

be read as one with the Increase of Rent (War Restric- tions) Act, 1939-1947 (Act No. 45 of 1939, reprinted as

No. 2.] Increase of Rent (War Restrictions.) [1948.

amended by Nos. 48 of 1941 and 34 of 1943, pursuant

to the Amendments Incorporation Act, 1938, and further

amended by Nos. 34 of 1945, 10 of 1946, 5 of 1947 and 50

of 1947), hereinafter referred to as the principal Act.

Citation of

principal Act	2. The principal Act as amended by this Act may be
as amended.

cited as the Increase of Rent (War Restrictions) Act,

1939-1948.

Amendment

of a. 2. 3. Section two of the principal Act is amended by

(a) inserting before the definition "Court" a defini-

tion as follows :—

"Commonwealth Regulations" means the National Security (Landlord and Tenant) Regulations in the form in which they were last in force prior to the coming into operation of the Increase of Rent (War Restrictions) Act Amendment Act, 1948;

(b) inserting after the definition "Court" a defini-

tion as follows :—

"inspector " means a rent inspector appointed under the hand of the Min- ister;

(c) substituting for the words "share accommoda- tion" wherever they appear, the words "shared accommodation."

Amendment

of s. 4.	4. Section four of the principal Act is amended by
Cf. CIlth

No. 31 of	(a)	inserting the words "subject to the provisions of subsection (3) of this section" before the first word in each of subsections (1) and (2) ;
1947, r. 4.
(b)	adding a subsection as follows :—

(3) The provisions of this Act shall not

bind

(a) the Crown in right of the

Commonwealth or the State;

(b) the State Housing Commis-

sion constituted under the

provisions of the State

Housing Act, 1946-1947;

(c) the McNess Housing Trust constituted pursuant to the provisions of the McNess Housing Act, 1930-1940;

(d) any Crown Instrumentality.

1948.] Increase of Rent (War Restrictions) [No. 2.

5. Section twelve A of the principal Act is amended foirsenickmart

by repealing subsection (3).

6. Theprincipal Act is amended by repealing section sRiiiiisetaikagn

fifteen and substituting the following:— of a. 15.

15.(1) Except as provided by this Act and the Recovery of possession of

regulations in operation from time to time pursuant Premises. Restriction

to the provisions of this Act, the lessor of any on Eviction. Cf. C'ith.

premises shall not give notice to terminate the Regn. 58 as amended by

tenancy or take or continue any proceedings to S.R. No. 31 of	/947, r. 21.
recover possession of the premises from the lessee
or for the ejectment of the lessee therefrom.	Cf. Provisos

(2) The provisions of the section shall not apply added to s. 12 of No. 45 of

in respect of premises for which a publican's general 1939 (reprinted

license, an hotel license, a wayside house license, or and referred to herein as

an Australian wine and beer license, under the s. 15 and	hereby
Licensing Act, 1911, subsists, at the expiration of	repea/e d) by
No. 50 of
not less than three months' notice to quit.	1947, s. 12.
(3) Nothing herein contained shall affect or derogate from the rights of the lessee under any existing lease or, subject to this Act, shall entitle the lessor to charge, whether by way of premium or otherwise, any rent for the land in excess of the standard rent.
Amendment

7. Section seventeen of the principal Act is amended

by adding after subsection (2) a subsection as follows :—

(2a) Any person who contravenes, or fails to comply

with any provision of this Act or any regula-

tion in operation in pursuance of the pro-

visions of this Act, shall be guilty of an

of s. 17.

offence against this Act.

8. The principal Act is amended by adding after section eighteen the following sections:—	—SeVradde*. Parts III and
IV of Inth Regns. to

covery of possession of premises and eviction are vAiner this 18A. (1) Until regulations relating to the re- ggy„,natile

made pursuant to the provisions of the last pre- ceding section, Parts III. and IV. of the Common- wealth Regulations with appropriate adaptations shall, subject to the provisions of, and by force of this Act come into operation and have the same effect as if made under the provisions of this Act and in operation.

No. 2.] Increase of Rent (War Restrictions.) [1948.

Transitional

and saving	(2) Subject to, and in so far as not inconsistent
provisions.

Cf. No. 30 of	with, the provisions of this Act
1918, ss. 15

and 16.

(a) all prohibitions, exceptions, requirements, applications, orders, certificates and revoca- tions and variations of certificates pre- scribed, made, issued or effected;

(b)	any right, title, interest and power created, acquired, accrued, established or exercis- able;
(c)	any duty, obligation, liability and burden of proof, imposed, created or incurred;

(d) any investigation, legal proceeding and remedy available, competent, commenced or being conducted or applied; and

(e) all other acts, matters and things whatsoever, in existence or in force of operation,

pursuant to the provisions of Parts III. and IV. of the Commonwealth Regulations, shall with appro- priate adaptations and subject to any amendment and any revocation which may be made pursuant to the provisions of the next succeeding subsection, subsist and inure for the purposes of this Act.

(3) Power to amend and revoke, from time to time, is hereby conferred

(a)	in the case of regulations made or in force in pursuance of the provisions of this Act —upon the Governor ;
(b)	in the case of certificates in operation for the purposes of this Act—upon the Min- ister.

(4) Regulations in operation pursuant to the provisions of this Act shall have effect notwith- standing the provisions of any other Act.

Threats and

boycotts	18B. (1) A person shall not, by any threat,
prohibited.

Cf. C'Ith.	endeavour to dissuade or prevent a lessor or lessee
Rein. No. 80.	from making or prosecuting any application under the provisions of this Act or the regulation in opera- tion pursuant to the provisions of this Act, or taking or continuing any proceedings in relation to which those provisions apply.

1948.] Increase of Rent (War Restrictions) [No. 2.

(2)

The owner of any premises; and the agent of any such owner, shall not refuse, or procure any person to refuse, to lease the premises to any other person who desires to lease the same if the reason for that refusal is that that other person had made an application under the provisions of this Act or the regulations in operation pursuant to the pro- visions of this Act.

A person shall not do, or procure to be done, any act or thing for the purpose of imposing any detriment or disadvantage upon a lessor or lessee because the lessor or lessee has made an applica- tion under the provisions of this Act or the regula- tions in operation pursuant to the provisions of this Act or of the regulations referred to in the Com- monwealth Regulations as repealed Regulations or has taken any proceedings in relation to which those provisions apply.

(3)

Contracting

18C. No covenant or agreement (whether entered into before or after the commencement of this Act)

out

prohibited.

Cf. C'Ith.

shall have any force or effect to deprive any lessee

Regn. No. Si.

of any right, power, privilege or benefit provided for by this Act or the regulations in operation pursuant to the provisions of this Act.

181). A person shall not enter into or make any contract or arrangement, whether orally or in

Contracts

to evade

prohibited.

Regulations

writing, for the purpose of, or which has the effeci,

Cf. With.

Itegn. No. 82.

of, in any way, and whether directly or indirectly, defeating, evading, or preventing the operation of this Act or the regulations in operation pursuant to the provisions of this Act in any respect.

18E. (1) For the purposes of this Act and any regulation in operation pursuant to the provisions

Powers of entry and

inspection.Cf. CM,.

of this Act an inspector may

ftcgns. 83 nod

84 and Cf.

Cith.

(a)	enter on and inspect any land or premises;	No. 21 of 1917, r. 29.
(b)	require any person to furnish to the inspector

such information as he requires;

(c) require any person to answer any question

put to him by the inspector;

(d) require any person to produce any books, documents or writings in his custody or control,

in relation to any matter arising under the pro-

visions of this Act.

No. 2.] Increase of Rent (War Restrictions.) [1948.

(2) No person shall

(a) refuse or fail to furnish the information or to answer the question or to produce the books, documents or writings; or

(b) give any information or make any answer which is false in any particular ; or

(c) hinder or obstruct an inspector in the course of his duties.

(3) A person shall not be obliged to furnish any information or to answer any question or to produce any books, documents or writings under this section unless he has first been informed by the inspector that he is required and obliged by virtue of this section, to furnish the information or to answer the question or to produce the books, documents or writings.

(4) A person shall be deemed to have failed to furnish information, or to produce books, documents or writings, required of him under this section if he does not furnish the information or produce the books, documents or writings

(a)	in the case of a requirement in writing—with- in fourteen days after receipt by him of the requirement; or
(b)	in the case of an oral requirement—within fourteen days after the day upon which the requirement is made.

(5) A requirement under this section may be served by post on the person on whom it is made at his last-known place of abode or business.

Repeal of	9.	Section nineteen of the principal Act is hereby
s. 19.

repealed.

Amendment 10.

Section twenty of the principal Act is amended by substituting for the words "one thousand nine hundred and forty-eight," the words "one thousand nine hundred and forty-nine."

of s. 20.