Landlord and Tenant (Amendment) Act 1964 (NSW)
LANDLORD AND TENANT (AMENDMENT) ACT.
Act No. 62, 1964.
An Act to amend the law relating to landlord and t enan t ; for this and other purposes to amend the Landlord and Tenant (Amendment) Act, 1948, and certain other A c t s ; to validate certain mat te r s ;
and for purposes connected therewith. [Assented to , 16th December, 1964.] BE it enacted by the Queen ' s Mos t Excellent Majesty, by
and with the advice a n d consent of the Legislative
Counci l and Legislative Assembly of New South Wales in
Par l iament assembled, and by the au thor i ty of the same, as
f o l l o w s : —
1. ( 1 ) Th i s A c t m a y b e ci ted as the " L a n d l o r d a n d
T e n a n t ( A m e n d m e n t ) Ac t , 1 9 6 4 " .
( 2 ) T h e L a n d l o r d a n d T e n a n t ( A m e n d m e n t ) Ac t , 1 9 4 8 , as a m e n d e d by subsequent Ac t s a n d by this Ac t , m a y
b e cited as the L a n d l o r d a n d T e n a n t ( A m e n d m e n t ) Ac t , 1 9 4 8 - 1 9 6 4 .
2 . ( 1 ) P a r t I of the L a n d l o r d and T e n a n t ( A m e n d m e n t )
Ac t , 1 9 4 8 , as a m e n d e d by subsequent Ac t s , is a m e n d e d —
(a ) (i) by insert ing in p a r a g r a p h (b ) of subpa rag raph
( iv)
(v ) of p a r a g r a p h (b ) of subsection one of section 5A after the w o r d " lessor" the words
" o r by a c lerk of pe t ty sess ions" ;
( i i ) by inser t ing in p a r a g r a p h ( c ) of s u b p a r a g r a p h
(v ) of p a r a g r a p h (b ) of the s a m e subsect ion after the word "sol ic i tor" the words " o r c lerk
of pe t ty sess ions" ;
(iii) by inser t ing in s u b p a r a g r a p h (ii) of p a r a g r a p h (c) of the same subsection after the w o r d " lessor" the words "o r by a clerk of pe t ty sess ions" ;
( i v ) by insert ing in subpa rag raph ( i i i ) of p a r a g r a p h ( c ) of the same subsect ion after the word "sol ic i tor" the words "o r clerk of pet ty sess ions" ;
(v) by inserting in pa rag raph (b ) of subpa rag raph
(v ) of p a r a g r a p h (d ) of the same subsection after the w o r d " lessor" the words "o r by a
clerk of pet ty sess ions" ;( v i )
by insert ing in p a r a g r a p h ( c ) of subpa rag raph
( v ) of p a r a g r a p h ( d ) of the same subsect ion after the word "sol ic i tor" the words "o r clerk
of pet ty sess ions" ; (v i i ) by omit t ing from p a r a g r a p h ( e ) of the same subsect ion the words " ( n o t being a residential u n i t ) " ;
(vi i i )
by insert ing in p a r a g r a p h ( b ) of s u b p a r a g r a p h ( iv) of p a r a g r a p h (e) of the same subsection after the w o r d " lessor" the words " o r by a clerk of pet ty sess ions" ;
( i x )
b y insert ing in p a r a g r a p h ( c ) of subpa rag raph
( i v ) of p a r a g r a p h ( e ) of the same subsection
after the w o r d "sol ic i tor" the words "o r clerk
of pe t ty sess ions" ;
( x ) by inser t ing in p a r a g r a p h ( d ) of subpa rag raph ( i ) of p a r a g r a p h ( f ) of the same subsect ion
after the word " A c t ; " the word " a n d " ;
( x i ) by omit t ing subpa rag raph ( i i ) of p a r a g r a p h
( f ) of the same subsec t ion ;
(x i i ) by insert ing in p a r a g r a p h ( b ) of subpa rag raph (iii) of p a r a g r a p h (f) of the same subsection after the w o r d " lessor" the words "o r by a clerk of pet ty sess ions" ;
(x i i i ) b y insert ing in p a r a g r a p h ( c ) of subpa rag raph
( i i i ) of p a r a g r a p h ( f ) of the same subsect ion
after the w o r d "sol ic i tor" the words " o r clerk
of pe t ty sess ions" ;
(x iv ) by insert ing in p a r a g r a p h ( c ) of subpa rag raph ( i ) of p a r a g r a p h ( g ) of the same subsect ion
after the w o r d " A c t ; " the w o r d " a n d " ;
(xv)
( x v ) b y omi t t ing s u b p a r a g r a p h ( i i ) of p a r a g r a p h
(g) of the same subsec t ion ;
(xv i ) b y inser t ing in p a r a g r a p h ( b ) of s u b p a r a g r a p h (iii) of p a r a g r a p h (g) of the same subsection after the w o r d " lessor" the words " o r b y a
clerk of pe t ty sess ions" ;
(xvi i ) b y inser t ing in p a r a g r a p h ( c ) of subpa rag raph
( i i i ) of p a r a g r a p h ( g ) of the same subsect ion after the w o r d "sol ic i tor" the words "o r c lerk
of pe t ty sess ions" ;
(xvi i i )
b y omi t t ing subsect ion ( I A ) of the same section a n d by insert ing in lieu thereof the following subsections : —
( I A ) T h e provis ions of Pa r t s I I , I I I , I V a n d V of this A c t d o no t app ly in respect of a n y premises used for business or commerc ia l p u r p o s e s —
(a )
( i ) tha t twenty-seventh d a y of
were
in
existence o n
the
September ,
one thousand n ine h u n d r e d a n d fifty-seven, o r were commenced o n or before a n d comple ted after
t ha t d a y ; ( i i ) t ha t a re no t "special p r emise s " for the purposes of this A c t ; and
(iii) that are the subject of a lease that
conta ins a provis ion tha t the said Pa r t s of this A c t shall no t app ly
in respect of such premises a n d —
(a) that is registered in the office of the Rent Con
t rol ler ; ( b ) the execut ion of wh ich by the lessee is witnessed by a solicitor ins t ructed a n d employed independen t ly of the lessor o r by a c lerk
of pe t ty sess ions; a n d
(c)
(c) that is certified by that solicitor o r clerk of pet ty sessions as p rov ided in
subsect ion two of this
sec t ion; o r
(b)
the erection of which commenced after the twenty-seventh d a y of September , one thousand n ine h u n d r e d a n d fifty- seven.
( 1 B ) W h e r e — (a)
any prescribed premises being premises used for business or commercia l purposes cease to b e subject to the provisions of Pa r t s I I , I I I , I V a n d V of this A c t by reason of the provisions of p a r a g r a p h ( a ) of subsection ( 1 A ) of this sec t ion;
(b )
the premises or a n y pa r t of the premises were o r was , unde r a n y sub-lease consented to or app roved by the lessor a n d in force immedia te ly before such premises or pa r t so ceased, occupied by a sub-lessee; a n d
(c)
the premises or part so occupied were o r was , immedia te ly before such premises or pa r t so ceased, subject t o the said Pa r t s of this A c t as regards the premises or pa r t of the premises so occupied,
t h e n —
(i)
the premises or part of the premises so occupied shall cont inue to be prescr ibed premises a n d the provi s ions of the said Pa r t s of this Ac t shall so far as appl icable continue to app ly to the premises or pa r t of the premises so occup ied ;
(ii)
if the lessee at any time ceases to be in possession of the premises because of the te rminat ion or sur render of his lease o r the m a k i n g of a n o rder for
the
t he recovery of possession or for eject m e n t the sub-lessee shall become the lessee f rom the lessor of the premises o r pa r t of the premises so occupied u p o n the same terms a n d condi t ions as the te rms a n d condi t ions of the sub lease a s in force immedia te ly before
tha t t i m e ; (iii) any order for recovery of possession or for e jectment as aforesaid shall no t be enforced against the sub-lessee; and
(iv) the sub-lessee shall on the hearing of a n y proceedings for such an o rder be
enti t led to b e hea rd .
(xix) by omitting from subsection two of the same
section the words "certifying to a lease for the purposes of subsection o n e " a n d by insert ing in lieu thereof the w o r d s "o r clerk of pet ty ses sions certifying to a lease for the purposes of
subsect ion one o r ( I A ) " ; ( x x ) b y inser t ing at the e n d of the same subsect ion
the following new p a r a g r a p h : — A certificate pu rpor t ing to b e signed by a solicitor o r c lerk of pet ty sessions for the purposes of subsect ion one o r ( I A ) of this sect ion shall b e admissible in evidence in any proceedings and shall , in all cour ts and u p o n all occasions whatsoever , b e p r i m a facie evidence of the par t iculars certified in a n d by the certificate.
(xxi) by inserting in subsection three of the same
section after the words "subsect ion o n e " where firstly a n d lastly occurr ing the word , symbols ,
figure a n d letter " o r ( I A ) " ; (xxii) by omi t t ing from the same subsect ion the w o r d "seventy-seven" a n d by inser t ing in lieu thereof the words "fifty-five, seventy-seven,
n inety- two, n ine ty - th ree" ;
(xxi i i ) b y omi t t ing from the same subsect ion the w o r d
"dwel l ing-houses" a n d by insert ing in lieu
thereof the words "prescr ibed p r e m i s e s " ;
(xxiv)
(xxiv) by inserting in subsection four of the same
section next before the definition of "Prescr ibed l ea se" the following new def in i t ion : —
"Dwel l ing-house" i n c l u d e s —
(a) the premises of any lodging-
house o r boa rd ing-house ; a n d (b) any part of premises that is used or has been designed for use for the purposes of resi dence independent ly of any o ther pa r t of the premises ,
bu t does no t inc lude a pa r t of premises tha t c a m e in to existence as such pa r t
by reason of al terat ions, or a l terat ions
and addi t ions , to a dwell ing-house
m a d e after the c o m m e n c e m e n t of the
Loca l G o v e r n m e n t (Regu la t i on of F l a t s ) Ac t , 1 9 5 5 , or premises licensed for the sale of spir i tuous or fermented l iquors .
( x x v ) b y omit t ing from the same subsect ion the definition of "Res ident ia l u n i t " and by insert- ing in lieu thereof the following definition : —
"Res iden t ia l u n i t " m e a n s a pa r t of a dwel l ing-house—
( a )
tha t is used or has been designed for use for the pur poses of residence indepen dent ly of any o ther pa r t of the
dwel l ing-house; and
( b ) that , at the t ime it c a m e into existence as such par t , com plied with the requi rements of section four of the Loca l
G o v e r n m e n t (Regu la t ion of
F l a t s ) Ac t , 1 9 5 5 , as in force at tha t t ime.
(xxvi) by inserting next after subsection five of the
same section the following new subsection : —
( 6 ) T h e provisions of—
(a ) subpa rag raph (ii) of p a r a g r a p h ( e ) ; o r (b)
(b ) p a r a g r a p h (b ) of s u b p a r a g r a p h (i) of p a r a g r a p h ( g ) ,
of subsect ion one of this section shall no t apply in the case of a dwell ing-house o r residential uni t , as the case m a y be , tha t immedia te ly before the da te on which the lessee enters in to , o r is enti t led to enter in to , possession unde r
the lease referred to in s u b p a r a g r a p h (iv) of
the said p a r a g r a p h (e) o r in s u b p a r a g r a p h
(iii) of the said p a r a g r a p h ( g ) , as the case m a y b e —
(c)
was by virtue of this section exempt from the provisions of Par t s I I , I I I , I V a n d V of this A c t to the extent
p rov ided by this sec t ion ; or (d)
was not so exempt, if the lessee under the lease next p reced ing the lease so referred to signified in wri t ing to the lessor his in tent ion to vaca te the dwell ing-house o r residential un i t o n o r before such da te and, in fact, so vaca ted it on o r before tha t d a t e ; o r
( e )
was vacan t o r was occupied personal ly by the lessor.
( b ) (i) by insert ing in subsect ion one of section eight
in the definition of " l e a s e " after the w o r d " l a n d " the words " o r any lease arising u n d e r a clause in a mor tgage or in an agreement for the sale a n d purchase of l and (however
in case of default the mor tgagee o r the vendor expressed a n d whenever executed) whereby (as the case m a y be ) is given the powers of a lessor wi th respect t o the recovery of posses sion o r e jectment , o r a n y t enancy at will impl ied at law in any mor tgage or ag reement
for the sale o r pu rchase of l a n d " ; (ii) by omit t ing from subsect ion ( I A ) of the same sect ion the words "sect ions one h u n d r e d a n d
four to one h u n d r e d and ten, b o t h inclusive, a n d " .
( 2 )
(2) T h e a m e n d m e n t s m a d e by subpa rag raphs (v i i )
| and (xx iv) of p a r a g r a p h | ( a ) of subsect ion one of this section |
| shall b e deemed to have c o m m e n c e d o n the ten th day | of |
| Apr i l , | o n e | thousand | n ine | h u n d r e d | and | fifty-eight. |
| 3 . | P a r t | I I | of | the L a n d l o r d | a n d | T e n a n t | ( A m e n d m e n t ) | Act , |
| 1 9 4 8 , | as | a m e n d e d | by | subsequent | Ac t s , | is | a m e n d e d — |
( a ) b y omit t ing subsection three of section fifteen;
(b) by inserting next before section eighteen the follow ing new section : —
17A . ( 1 ) W h e r e a n agreement in wri t ing is
en tered into b y the lessor a n d lessee of any pre scr ibed premises (o ther t han shared accommoda t ion ) which a r e leased wi th o r wi thou t goods a n d unde r tha t agreement the lessor a n d lessee agree a s to the a m o u n t of the ren t t o b e pa id by the lessee to the lessor in respect of such premises , t h e a m o u n t specified in tha t agreement as the ren t shall , wi thou t a n y de te rmina t ion or fur ther de te rmina t ion be ing m a d e , b e for all purposes as be tween the lessor a n d the lessee the fair ren t a n d the r en t of the premises wi thou t goods o r together with goods , as the case m a y be , as on a n d f rom the d a y specified in t ha t behalf in the agreement no t being earl ier t han t h e d a y o n which the ag reement is en tered in to a n d n o proceedings for the de te rmina t ion of the fair
ren t of those premises b y a F a i r R e n t s Boa rd a n d n o appl ica t ion for the assessment of the fair r en t of those premises by the R e n t Cont ro l le r or a clerk of the F a i r R e n t s Board , as the case m a y be , shall , subject to subsection five of this section bu t notwith s tanding any o ther provis ion of this Ac t , b e com m e n c e d or lodged by the lessor o r lessee dur ing the pe r iod for which the agreement is expressed to b e in force or , if n o such per iod is expressed, dur ing a pe r iod of twelve mon ths next after the d a y on a n d f rom which the fair rent is fixed by the agreement .
(2)
( 2 ) A n agreement referred to in subsection
one of this section shall have n o force o r effect
u n l e s s —
(a) it is registered in the office of the Rent
Cont ro l le r wi thin one m o n t h after t h e day
o n which it is en tered i n t o ; (b) its execution by the lessee is witnessed by a solicitor instructed a n d employed indepen dent ly of the lessor o r by a clerk of pet ty
sess ions ; a n d (c) it is certified by that solicitor or clerk of
pe t ty sessions a s p rov ided in subsection t h r ee of this section.
( 3 ) A solicitor o r clerk of pe t ty sessions certifying to a n ag reement for t h e purposes of subsection two of this s ec t ion—
( a ) shall explain the agreement to the lessee;
(b) shall examine the lessee touching his know
ledge of the a g r e e m e n t ; (c) if he thinks fit may so examine the lessee
separa te ly a n d a p a r t f rom a n y o the r p e r s o n ; a n d
(d) if he is satisfied that the lessee understands
t h e t rue p u r p o r t and effect thereof a n d freely a n d voluntar i ly executes t h e same , shall certify in wri t ing u p o n the ag reement tha t the agreement has been so expla ined,
a n d tha t he has examined the lessee a n d is satisfied as here inbefore required, a n d tha t t h e lessee has executed the agreement in
his presence . A certificate pu rpo r t i ng to b e signed by a solicitor o r clerk of pet ty sessions for the purposes of subsect ion two of this section shall b e admissible in evidence in any proceedings and shall , in all cour t s a n d u p o n all occasions whatsoever , be
p r i m a facie evidence of the par t icu lars certified in a n d by the certificate.
( 4 )
(4 ) W h e r e a lessee unde r a lease, w h o is a pa r ty to any such agreement , is a company or o ther corpora te body the provisions of this section which, b u t for this subsection, would require the execut ion of the ag reement by the lessee to be witnessed, a n d the agreement to be certified, in the m a n n e r provided in this section shall be deemed
to be omi t t ed theref rom. (5) A lessee of any prescr ibed premises the subject of any such agreement may , notwith s tanding the provisions of subsect ion two of section thirty-two of this A c t and dur ing any per iod for which the agreement is expressed to b e in force or, if n o such per iod is expressed, dur ing a per iod of twelve mon ths next after the day o n and from which the fair rent is fixed by the agreement , m a k e appl ica t ion to a F a i r Ren t s B o a r d for a de te rmina t ion of the fair ren t of those premises and the B o a r d shall m a k e a de te rmina t ion of the fair ren t of those premises o r vary any such existing de te rmina t ion in acco rdance wi th t h e provisions of this Ac t , where the lessee proves to the satisfaction
of the B o a r d t h a t —
(a) the rent fixed by the agreement is harsh or
unconsc ionab l e ; o r ( b ) the agreement was ob ta ined by fraud,
duress , in t imidat ion o r imprope r m e a n s .
( 6 ) A n y person , whe the r as pr inc ipa l ,
the lessee of an agreement referred to in subsection agent o r otherwise, w h o procures the execut ion by one of this section by fraud, duress , in t imidat ion or imprope r means , shall b e guilty of a n offence against this Ac t .
(c)
( i )
b y omit t ing from p a r a g r a p h (j) of subsection one of section twenty-one the words " inc luding (bu t wi thout l imit ing the general i ty of the word 'ha rdsh ip ' ) any loss which might be imposed u p o n the lessor by an o rde r fixing
the
the ren t of the premises at an a m o u n t less t han the lessor's liability u n d e r a mor tgage of, o r con t rac t of sale in respect of, t he premises , or unde r a h i re pu rchase agreement o r con t rac t of sale in respect of any goods leased with the p r e m i s e s " ;
(ii) by inserting at the end of the same subsection
the following new p a r a g r a p h : — I n de te rmining the fair rent of any premises the F a i r R e n t s Boa rd shall no t m a k e a n y a l lowance by reason of a n y loss which migh t b e imposed u p o n the lessor by a n order fixing the rent of the premises a t a n a m o u n t less t han the lessor 's liability unde r a mor tgage of, o r cont rac t of sale in respect of, the premises , o r unde r a h i re purchase agreement or cont rac t of sale in respect of any goods leased wi th the premises .
(iii) by inserting next after subsection (IA) of the same sect ion the following new subsect ion : —
( 1 B ) A F a i r R e n t s Board , in de te rmin ing
the fair ren t of any premises , shall no t w h e r e it considers tha t any repai rs , m a i n t e n a n c e o r renewals of t h e premises o r any fixtures the reon should b e car r ied out , m a k e any a l lowance in respect of such repai rs , main t enance o r renewals , based on p a r a g r a p h (c ) of subsect ion one of this sect ion.
(iv) by omitting from subsection two of the same section the words , symbols a n d letters "pa ra graphs ( i ) a n d ( j ) " a n d by insert ing in lieu
thereof the word , symbols a n d letter " p a r a
g r a p h ( i ) " ;
(d) by inserting in subsection one of section twenty-four
after the w o r d " m o t i o n " the words " b u t subject t o section 17A of this A c t " ;
(e)
(e) by insert ing at the end of section 3 1 M B the following
new p a r a g r a p h : — Notwi ths tand ing the foregoing provisions of this section, a n a m e n d m e n t of an appl ica t ion whereby the a m o u n t s tated pu r suan t to subsection one of sec t ion 3 1 N of this Ac t is p roposed t o be var ied shall no t be al lowed unless the lessor proves to the satis faction of the Fa i r R e n t s Board , o r the Control ler , as the case m a y be , tha t reasonable not ice has been given to the lessee of the lessor 's intent ion to seek
an a m e n d m e n t of the appl ica t ion . (f)
(i) by inserting at the end of subsection one of
section 3 1 N the words " a n d par t iculars of how tha t a m o u n t is calculated. A not ice set t ing ou t such a m o u n t a n d par t iculars shall be given to the lessee together wi th the not ice given to h im pu r suan t to subsection one of section
nineteen of this A c t . " ; (ii) by omitting from subsection two of the same section the words "Notwi ths tand ing a n y t h i n g " a n d by insert ing in lieu thereof the words "Sub ject to section 3 1 M B of this Ac t , b u t notwith
s tanding a n y o ther p rov i s ion" ; (iii) by inserting at the end of the same subsection
the words "o r the appl ica t ion as a m e n d e d
pu r suan t to section 31 MB of this A c t " ;
(g)
( i )
by inser t ing in p a r a g r a p h ( b ) of subsection one of section thirty-two before the word " b y " w h e r e firstly occur r ing the words "subject to
sect ion 17A of this A c t , " ; ( i i )
by omit t ing from subsect ion four of the same sect ion the words " a n d it appears to the Board o r the Control ler , as the case may be , tha t the premises be ing a dwell ing-house a re no t in fair and t enan tab le repair , n o increase of rent
shal l
shall b e al lowed by the B o a r d o r Control ler , as the case m a y be , o n accoun t of any increase in the lessor's liability for repai rs , m a i n t e n a n c e and renewals of the premises a n d fixtures t h e r e o n " and by insert ing in lieu thereof the words " , t he Boa rd or the Con troller in m a k i n g the var ia t ion shall , where it o r h e considers tha t any repairs , ma in t enance , o r renewals of the premises o r any fixtures t he reon should b e carr ied out , exc lude from t h e r en t as var ied any a l lowance in respect of such repairs , m a in t en an ce o r renewals , based
o n p a r a g r a p h ( c ) of subsect ion one of sect ion
twenty-one of this A c t " ;
(h) by inserting in subsection one of section thirty- five after the w o r d " n o t " the words " , whe ther
as pr incipal or agent or in a n y o ther c a p a c i t y " ; (i) by inserting at the end of subsection two of section
fifty-two the words " o r by an agreement referred to in sect ion 17A of this A c t " ;
(j) (i) b y inserting in subsection one of section fifty-
seven after the w o r d " P a r t " the words " o rb y a n agreement referred to in sect ion 17A
of this A c t " ;
(ii) b y insert ing in subsection ( I A ) of the same section after the w o r d " d e t e r m i n a t i o n " the words " o r b y an agreement referred to in
sect ion 1 7 A of this A c t " ;
( k ) b y insert ing in subsection one of section fifty-eight after the words "o r a F a i r R e n t s B o a r d ) " the words "o r , in the case of a certificate b y the Control ler , by an ag reement referred to in sect ion 1 7 A of this A c t " .
| 4 . | ( 1 ) | P a r t | I I I | of | the | L a n d l o r d | a n d | T e n a n t | ( A m e n d |
| m e n t ) | Ac t , | 1 9 4 8 , | as | a m e n d e d | b y | subsequent | Ac t s , | is |
a m e n d e d —
(a )
( i )
by omit t ing f rom subpa rag raph ( i ) of para g raph (g) of subsection five of section sixty- two the w o r d " o c c u p a t i o n " a n d by inserting in lieu thereof the words "persona l occupat ion
as a r e s idence" ; (ii)
by inserting in p a r a g r a p h ( h ) of the same sub
section after the w o r d " o c c u p a t i o n " t h e words
"a s a r es idence" ; (iii)
by insert ing in p a r a g r a p h ( i ) of the same sub section after the w o r d "occupa t ion" wherever
occurr ing the words "as a r e s idence" ; (iv)
b y inserting in p a r a g r a p h (k ) of the same sub
section after the word " o c c u p a t i o n " the words
"as a r e s idence" ;
(v) by omit t ing f rom subpa rag raph ( i ) of para g raph (1) of the s a m e subsect ion the w o r d "occupa t ion" a n d by insert ing in lieu thereof the words "persona l occupa t ion as a
res idence" ; (vi) by omit t ing f rom p a r a g r a p h ( t ) of the same subsect ion the words "twenty-first day of July , one t housand n ine h u n d r e d a n d forty-eight"
a n d by inserting in lieu thereof the words
" ten th d a y of Apr i l , one t housand n ine
h u n d r e d a n d fifty-eight";
(b) (i) by omitting from subsection one of section 6 2 A the words " judge of the Distr ic t Cour t for the dis tr ict" and by insert ing in lieu thereof the words "cour t of pet ty sessions for the pet ty
sessions d i s t r i c t " ; (ii)
by omit t ing f rom the same subsect ion the w o r d " j u d g e " where secondly occurr ing a n d by
inserting in lieu thereof the w o r d " c o u r t " ; (iii)
(iii) by omitting from subsection (IA) of the same section the words " judge of the Distr ict C o u r t " a n d by insert ing in lieu thereof the words
"cour t of pe t ty sess ions" ; ( iv) by omit t ing f rom the same subsection the word " j u d g e " where secondly and thirdly occurr ing and by insert ing in lieu thereof the w o r d " c o u r t " ;
( v ) by omi t t ing from p a r a g r a p h ( a ) of subsect ion two of the same section the words "Dist r ic t C o u r t " where firstly occur r ing and by insert ing in lieu thereof the words "cour t of pet ty sess ions" ;
( v i )
b y omit t ing from the same p a r a g r a p h the
words " S u p r e m e C o u r t " a n d by insert ing in
lieu thereof the words "Dist r ic t C o u r t " ; (v i i ) b y omi t t ing from the same p a r a g r a p h the words " judge of the District C o u r t " and by inserting in lieu thereof the words "cour t of
pet ty sess ions" ;
( c )
( i )
b y omit t ing from p a r a g r a p h ( a ) of subsection one of section 6 2 B the words " judge of the Distr ict C o u r t for the dis t r ic t" a n d by insert ing in lieu thereof the words "cour t of pet ty
sessions for the pet ty sessions d is t r ic t " ; (ii)
by omit t ing f rom the same p a r a g r a p h the
w o r d " j u d g e " where secondly occurr ing a n d
by insert ing in lieu thereof the w o r d " c o u r t " ; (iii) b y omit t ing from p a r a g r a p h ( a ) of subsection two of the same section the words "Dis t r ic t C o u r t " where firstly occurr ing and by insert ing in lieu thereof the words "cour t of pet ty sess ions" ;
( i v ) b y omi t t ing from the same p a r a g r a p h the words "Sup reme C o u r t " and by insert ing in
lieu thereof the words "Distr ic t C o u r t " ;
(v)
( v ) by omit t ing from the same p a r a g r a p h the words " judge of the Dis t r ic t C o u r t " and by inserting in lieu thereof the w o r d s "cour t of
pet ty sess ions" ;
( d ) ( i ) by omit t ing f rom subsection one of section sixty-five the words "six m o n t h s " a n d by insert ing in lieu thereof the words "twelve m o n t h s " ;
( i i ) by omit t ing from the same subsect ion t h e word , letter a n d symbols " p a r a g r a p h ( g ) " and by insert ing in lieu thereof the words , letters
a n d symbols " p a r a g r a p h ( g ) o r ( m ) " ; (iii) by inserting in the same subsection after the
word " p u r c h a s e " w h e r e thirdly occur r ing the words "unless in the case of a not ice to qui t given o n the g round specified in the said p a r a g r a p h ( m ) h e has first ob ta ined the leave
of a cour t hav ing jur isdict ion unde r this P a r t so to d o " ;
(iv) by omitting the proviso to the same sub section ;
(v) by omitting from subsection (1A) of the same section the words "six m o n t h s " a n d by insert ing in lieu thereof the words " twelve m o n t h s " ;
( v i ) by omi t t ing f rom t h e s a m e subsect ion the
word , letter and symbols " p a r a g r a p h ( g ) " a n d
by insert ing in lieu thereof the words , letters a n d symbols " p a r a g r a p h ( g ) o r ( m ) " ; (vii) by inserting in the same subsection after the words "a s the case m a y b e " where secondly occur r ing the words " , unless in the case of a not ice to qui t given on the g round specified in the said p a r a g r a p h ( m ) he has first ob ta ined the leave of a cour t hav ing jur isdict ion unde r
this P a r t so t o d o " ; (viii) by omitting the proviso to the same sub section ;
(e)
(e) by omitting from subsection one of section sixty- eight the w o r d " s ix" and by insert ing in lieu thereof
the w o r d " t w e l v e " ; (f)
( i ) b y omit t ing subsect ion two of section seventy a n d by insert ing in lieu thereof the following subsections : —
( 2 ) Notwi ths tand ing anyth ing conta ined in this section, an o rder for the recovery of pos session of any prescr ibed premises , being a dwell ing-house, f rom any person o n any of the g rounds specified in p a r a g r a p h ( g ) , ( i ) , o r (1) of subsect ion five of section sixty-two of this A c t shall not b e m a d e unless the cour t is satisfied tha t the lessor h a d provided at the d a t e of expiry of the not ice to qui t and has immedia te ly avai lable for the occupat ion of the persons occupying such dwell ing-house reasonably sui table al ternat ive acco m mo d a
t ion : P rov ided tha t this subsect ion shall no t apply in any case
w h e r e —
(a) the lessor (not being himself a lessee of the dwell ing-house u n d e r a concur ren t lease) is a pro tec ted person wi thin the mean ing of P a r t V of this Act a n d
no t a person in receipt of an age pen the lessee is no t a pro tec ted person wi thin the mean ing of tha t Pa r t o r is sion unde r the Social Services Consol i da t ion A c t 1947 (as a m e n d e d by
subsequent A c t s ) of the Pa r l i amen t
of the C o m m o n w e a l t h ; o r
(b) the court is satisfied that the lessee has sub-let o r has pa r t ed with posses sion of the dwell ing-house, and tha t h e was not , at the da te of the service of
the
t he not ice to quit , a b o n a fide occu p a n t of the dwell ing-house o r any par t
thereof; or
( c ) ( i) the lessor is of o r above the age of sixty years o r is a w i d o w ;
( i i ) t he lessor o r the deceased spouse of the lessor purchased or acqui red the dwell ing-house at least five years before the da te of the issue of the not ice to q u i t ;
( i i i ) t he lessor does no t o w n and has not , wi thin a per iod of five years before the da te of the issue of the not ice to quit , owned any o ther dwelling-house or, if the dwelling- house is one of a pa i r of semi de tached dwelling-houses tha t a re owned by the lessor, the only o the r dwelling-house tha t the lessor owns , o r has , wi thin a per iod of five years before the da te of the issue of the not ice to qui t owned , is the o ther one of tha t pa i r of semi-detached dwell
ing-houses ; a n d (iv) the lessor has resided in the
C o m m o n w e a l t h for no t less t h a n
ten y e a r s ; o r
( d ) ( i) ( a ) at the da te o n which pro ceedings for the recovery of possession of the dwelling- house a re t aken a n o rder for the recovery of possession of some o ther dwell ing-house occupied by the lessor is in force bu t has not been
execu t ed ; o r
57191—22 (b)
( b )
no t m o r e t han six m o n t h s before the da t e o n which such proceedings a re t a k e n an o rder for the recovery of possession of some o the r dwell ing-house occupied by the lessor has been exe
c u t e d ; and (ii) the lessee is, and has been for at least two years , lessor of some o ther dwell ing-house and in proceedings for the recovery of possession thereof o n the g round specified in p a r a g r a p h (g) of subsect ion five of section sixty- two of this A c t would no t b e u n d e r any obl igat ion pu r suan t to this subsect ion to provide reason ably sui table a l ternat ive accom
mo d a t i o n for the persons occupy ing tha t dwel l ing-house; o r
( e )
(i)
evidence is adduced to the cour t by o r o n behalf of the lessor tha t the m e a n s of the lessee (includ ing the m e a n s of any spouse, pa ren t and child of the lessee ordinar i ly res ident wi th such lessee) a re such tha t the lessee is reasonably able to p rov ide
reasonably sui table al ternat ive
a c c o m m o d a t i o n for the occupa t ion of himself and the m e m b e r s of his family ordinar i ly occupying
the prescr ibed p remise s ; (ii) the lessee fails to satisfy the court o n evidence as to his m e a n s ( including the means of any spouse, pa ren t and child of the lessee ordinar i ly resident with such lessee) tha t he is no t
reasonably
reasonably ab le to p rov ide
reasonably suitable a l te rnat ive
a c c o m m o d a t i o n for the occupa t ion of himself a n d the m e m b e r s of his family ordinar i ly occupying
the prescr ibed p r e m i s e s ; and (iii) the court is satisfied on the evi dence before it as t o the m e a n s of the lessee and of the lessor ( including the m e a n s of any spouse, p a r e n t a n d child of the lessee o r lessor, as the case m a y be , ordinar i ly res ident with such lessee or lessor, as the case m a y be ) tha t the lessee is financially bet ter able to provide reasonably sui table al ternat ive a cc ommo da t ion for the occupa t ion of h im self and the m e m b e r s of his family ordinar i ly occupying the prescr ibed premises t h a n is the
lessor ; o r
(f) the proceedings are for the recovery of
shared a c c o m m o d a t i o n on the g round specified in p a r a g r a p h (g) of sub section five of section sixty-two of this
A c t a n d the cour t is satisfied t h a t — (i) at t he da t e o n which the not ice t o qui t was given a n d dur ing
the per iod of twelve m o n t h s immedia te ly preceding tha t da te the lessor resided in the dwell ing-house of which the sha red a c c o m m o d a t i o n forms
p a r t ; a n d (ii) at the da te o n which the not ice to qui t was given and dur ing the twelve mon ths immedia te ly p reced ing
preceding tha t da te only o n e lease of shared a c c o m m o d a t i o n in tha t dwell ing-house was in force a t any one t ime :
P rov ided further tha t this subsect ion shal l
no t apply in the case of proceedings for the recovery of possession of prescr ibed premises , be ing a dwell ing-house, where the proceedings a re t aken o n the g round specified in p a r a g r a p h (g ) of subsect ion five of section sixty-two of this A c t a n d the cour t is satisfied tha t t h e refusal to m a k e an o rde r would pre judice a n y c la im or p roposed cla im by the lessor for a pens ion u n d e r the Social Services Consol ida
t ion A c t 1947 (as a m e n d e d by subsequent
Ac t s ) of the Pa r l i amen t of the C o m m o n
weal th o r the Aus t ra l ian Soldiers ' Repa t r i a t ion
A c t 1 9 2 0 (as a m e n d e d by subsequent Ac t s )
of the Pa r l i amen t of the C o m m o n w e a l t h .
( 2 A ) No twi ths tand ing anyth ing con ta ined
in this section, a n order for the recovery of possession of any prescr ibed premises , be ing a dwell ing-house, o n the g round specified in p a r a g r a p h ( m ) of subsect ion five of sect ion sixty-two of this A c t shall not b e m a d e unless the cour t is satisfied—
(a ) tha t the lessor h a d provided at the and has immedia te ly avai lable for t h e occupa t ion of the persons occupying such dwell ing-house reasonab ly suit da te of expiry of the not ice to qu i t
able a l ternat ive a c c o m m o d a t i o n ; (b ) that , w h e r e it is necessary to ob ta in the approva l u n d e r any A c t of any b o d y to the car ry ing out of the work referred to in the not ice to qui t , t ha t
approva l has been o b t a i n e d ; and
(c)
(c)
that the work referred to in the notice to qui t c anno t b e carr ied ou t wi thout undu ly interfering wi th t h e lessee's use a n d occupa t ion of the premises :
P rov ided tha t this subsect ion shall no t apply
in any case w h e r e —
(a) the court is satisfied that the lessor is
requ i red by l aw to recons t ruc t o r demol ish t h e dwell ing-house a n d possession thereof is sought by h i m for
tha t p u r p o s e ; o r (b) the court is satisfied that the lessee has sub-let or has pa r t ed wi th the posses sion of the dwell ing-house and tha t he was not , at t he da t e of the service of the not ice to quit , a b o n a fide occupan t of the dwelling-house or a n y pa r t
thereof.
( 2 B ) Subsect ion two of this section does no t apply in any case where a n o rder for the recovery of possession of any prescr ibed premises , be ing a dwell ing-house, f rom any pe r son is sought o n the g round specified in p a r a g r a p h (g) of subsect ion five of sect ion sixty-two of this A c t and the lessor pu rchased o r acqui red the dwell ing-house a t least eight years before the da te of issue of the not ice to
no t ice to quit , served, w h e r e a form is pre qui t a n d has , a t t he t ime of the service of the scribed, a not ice in the prescr ibed form setting o u t the effect of the provisions of subsections o n e and two of this section. ( i i ) b y inser t ing at t he end of subsect ion (4A ) of the s a m e section the words " o r if t he lessee is in receipt of an age pens ion unde r the Social Services Consol ida t ion A c t 1947 (as a m e n d e d
b y subsequent Ac t s ) of the Pa r l i amen t of the C o m m o n w e a l t h " ; (g)
(g )
b y inser t ing in subsect ion one of sect ion eighty-one after the w o r d " n o t , " the words "whe ther as
p r inc ipa l o r agent o r in any o ther c a p a c i t y , " ; ( h )
( i ) b y omi t t ing from section eighty-three t h e
following w o r d s : —
" ( c ) a pe r son (not be ing a lodger o r
b o a r d e r ) res ided wi th the former lessee immedia te ly pr ior to his d e a t h a n d is actual ly in possession of t h e premises immedia te ly after the d e a t h of the former lessee,
tha t p e r s o n " a n d b y insert ing in l ieu thereof the following
p a r a g r a p h and words : —
" ( c ) immedia te ly before the dea th of the
l e s see—
( i ) the wife o r h u s b a n d of t h e lessee resided wi th the lessee a n d is actual ly in possession of the premises immedia te ly after the dea th of the lessee ;
(ii) where the wife o r h u s b a n d of the lessee was no t so residing or is no t so in possession or
the lessee was no t mar r i ed a t t he da te of his dea th , a child of the lessee (being a child of o r over the age of twenty-one years) so res ided and is so in possess ion; (iii) where no person referred to in
s u b p a r a g r a p h (i) or (ii) of
this p a r a g r a p h was so residing
or is so in possession, a
b ro the r o r sister, o r the fa ther
o r
or mother , of the lessee so resided a n d is so in possess ion; o r
(iv) where no person referred to in
subpa rag raph ( i ) , (ii) or
(iii) of this p a r a g r a p h was so residing or is so in possession, any other person so resided (otherwise t han as a lodger o r b o a r d e r ) a n d is so in pos session a n d h a d resided wi th the lessee for a per iod of no t less t han two years immedi ately before the dea th of the lessee, the wife or husband , or such child, b ro the r o r sister or the father or mothe r , o r o ther person ,
as the case m a y b e , " ; (ii) by omitting from the same section the words
" tha t p e r s o n " where secondly occurr ing a n d by inserting in lieu thereof the w o r d s " t h e person hav ing the r ight unde r this subsect ion
to cont inue in possession of the p r e m i s e s " ; (iii) by omit t ing f rom the same sect ion the words "as if h e " a n d by insert ing in lieu thereof the words "as if h e or s h e " ;
(iv) by inserting at the end of the same section the following new subsection : —
(2) W h e r e bu t for this subsection m o r e
t h a n one person would , unde r subpa rag raph ( i i ) , ( i i i ) o r ( i v ) of p a r a g r a p h ( c ) of sub sect ion one of this section, have h a d a r ight t o cont inue in possession of any premises , the elder o r eldest of the persons so enti t led unde r such subpa rag raph shall have tha t r ight to the exclusion of any other of those persons .
(i)
( i ) ( i ) b y omit t ing f rom subsection one of section
8 3 A the following w o r d s : — " ( a ) the spouse of the lessee resided wi th the lessee immedia te ly before the dea th of the lessee and is actually in posses sion of the premises immedia te ly after the dea th of the lessee; o r
(b) where the spouse of the lessee was not so residing or is no t so in possession or the lessee was no t mar r i ed a t t he da t e of his dea th , a child of the lessee (being a child of or over the age of twenty-one years ) so resided and is s o in possession,
such spouse o r ch i ld"
a n d by insert ing in lieu thereof the following
p a r a g r a p h s and words : — " ( a ) the wife
o r h u s b a n d of the lessee resided wi th the lessee immedia te ly before the dea th of the lessee a n d is actual ly in possession of the premises immedia te ly after the dea th of t h e lessee ;
( b )
where the wife o r h u s b a n d of the lessee was no t so residing or is no t so in possession o r the lessee was no t mar r i ed a t the da te of his dea th , a chi ld of the lessee (being a child of or over
the age of twenty-one years) so resided and is so in possess ion;
(c) where no person referred to in para g raph ( a ) o r ( b ) of this subsect ion was so residing or is so in possession, a b ro the r o r sister, or the m o t h e r o r father, of the lessee so resided and is so in possess ion; or (d) where no person referred to in para g raph ( a ) , ( b ) o r ( c ) of this subsec t ion was so residing or is so in
possession,
possession, any other person so resided (o therwise t h a n as a lodger o r b o a r d e r ) a n d is so in possession a n d h a d resided wi th the lessee for a pe r iod of no t less t h a n two years immedia te ly before the dea th of the lessee,
t h e wife o r husband , o r such child, b ro the r o r sister o r the father o r mothe r , o r o the r person, as the case m a y b e " ; ( i i ) b y omi t t ing f rom the s a m e subsect ion the words " I n this subsect ion 'child of the lessee' means , where m o r e t h a n o n e chi ld of the lessee so resided a n d is so in possession, the
e lder o r eldest of such c h i l d r e n . " ; ( i i i ) b y insert ing next after the same subsect ion the following new subsect ion : —
( 1 A ) W h e r e b u t for this subsect ion m o r e
t h a n o n e person would , u n d e r p a r a g r a p h ( b ) , ( c ) o r ( d ) of subsect ion o n e of this section, have h a d a r ight t o con t inue in possession of any premises , the e lder o r eldest of the persons so ent i t led u n d e r such p a r a g r a p h shall have t ha t r ight to the exclusion of any o the r of
those persons . ( i v ) by omit t ing from subsect ion two of t h e s a m e sect ion the words "such spouse o r child, as the case m a y b e , " a n d by insert ing in lieu thereof
the words " the person hav ing the r ight unde r
subsect ion one of this section to con t inue in
possession of the p r e m i s e s " ; (v) by inserting in the same subsection after the
w o r d " h i m " the words "o r h e r " ; (vi) by inserting in the same subsection after the
w o r d " h e " the words " o r s h e " ; (vi i ) b y omit t ing from subsect ion th ree of the s a m e section the words "such spouse o r ch i ld" a n d by insert ing in lieu thereof t h e words " the
pe r son
person having the r ight unde r subsect ion o n e of this sect ion to con t inue in possession of the p r e m i s e s " ;
(j)
by inserting next after section 83A the following new section : —
8 3 B . W h e r e a lessee of prescr ibed premises dies a n d dur ing the pe r iod after his dea th a n d before p r o b a t e or letters of adminis t ra t ion of the es ta te of the deceased lessee a re granted , a pe r son is actual ly in possession of the premises , a n d an act ion of e jectment is dur ing tha t per iod b rough t against such person in the Sup reme C o u r t o r a Distr ic t Cour t , o r proceedings a r e du r ing tha t per iod commenced under section seventeen o r twenty-three of the L a n d l o r d a n d T e n a n t A c t of 1 8 9 9 , as a m e n d e d b y subsequent Ac t s , for the recovery of the premises , such person shall no t b e ent i t led t o raise a s a defence to tha t ac t ion o r those proceedings the fact tha t the deceased lessee's interest in the premises is deemed by section sixty-one of the Wills , P r o b a t e a n d Admin i s t ra t ion Act , 1 8 9 8 , as a m e n d e d by sub sequent Ac t s , t o b e vested in the Pub l i c T rus t ee .
( k ) b y omi t t ing section eighty-four a n d by insert ing in lieu thereof the following sect ion : — 8 4 . I n any proceedings in re la t ion to which this P a r t applies , no t being proceedings in respect of a n offence arising u n d e r this Pa r t , t he cour t m a y in its discret ion o rde r p a y m e n t b y the lessor t o the
lessee of such s u m as it deems p r o p e r to mee t his reasonab le costs and the provis ions of subsect ion th ree of sect ion sixty-one of this A c t shall apply muta t i s m u t a n d i s to and in respect of any o rde r al lowing costs unde r this sect ion.
(1)
( i ) b y omi t t ing from subsect ion th ree of sect ion eighty-six the w o r d "f ive" a n d by insert ing in
lieu thereof the w o r d " s e v e n " ;
(ii) b y omit t ing f rom p a r a g r a p h ( b ) of subsection four of the same section the w o r d "f ive" a n d by insert ing in lieu thereof the w o r d " s e v e n " ;
(iii),
(iii) by omitting from subsection five of the same section the w o r d "f ive" wherever occurr ing a n d by insert ing in lieu thereof the w o r d " s e v e n " ;
( m ) ( i ) by omit t ing from p a r a g r a p h ( a ) of subsect ion
th ree of section 8 7 B the w o r d "f ive" a n d by
insert ing in lieu thereof the w o r d " s e v e n " ; (ii) by omitting from subsection four of the same
section the w o r d "f ive" a n d b y insert ing in
lieu thereof the w o r d "seven" .
( 2 ) T h e amendmen t s m a d e b y p a r a g r a p h s ( b ) a n d
| ( c ) | of subsect ion one of this section shall c o m m e n c e u p o n | a |
d a y t o b e appo in ted by the Gove rno r a n d notified b y pro
| c lamat ion | publ i shed | in the | Gaze t te . |
( 3 ) A n y proceedings c o m m e n c e d b u t no t comple ted
| at t he | c o m m e n c e m e n t | of | the amendmen t s | m a d e | by | pa r ag raphs |
| (b) | a n d | (c ) | of subsect ion one of this sect ion m a y | be |
cont inued a n d comple ted in all respects as if those amend
| m e n t s | h a d | n o t | been | m a d e . |
5. P a r t I V of the L a n d l o r d a n d T e n a n t ( A m e n d m e n t )
| Ac t , | 1 9 4 8 , | as | a m e n d e d | by | subsequent | Ac t s , | is | a m e n d e d — |
( a ) ( i ) by omit t ing p a r a g r a p h ( a ) of subsect ion one
of section 8 8 A ; (ii) by insert ing a t the end of p a r a g r a p h ( b ) of the same subsect ion the words " a n d , in addi t ion, where the premises a re sold at an auc t ion sale, the vendor has given to the lessee no t less t han twenty-one days ' not ice in wri t ing of
the p roposed auct ion s a l e " ; (b)
(b) by inserting at the end of section eighty-nine the
following new p a r a g r a p h : — Noth ing in this section shall app ly to a covenant o r ag reement entered into for the purposes of p a r a g r a p h ( a ) of subsect ion ( 1 A ) of section 5 A of this A c t no r to a n agreement referred to in sub section one of section 1 7 A of this Ac t .
(c) by inserting at the end of section ninety the
following new p a r a g r a p h : —
No th ing in this section shall ope ra t e to prohib i t a person enter ing in to o r m a k i n g a lease for the purposes of p a r a g r a p h (a ) of subsection ( 1 A ) of section 5 A of this A c t o r a n agreement referred to in subsection one of section 1 7 A of this Ac t .
(d) by inserting at the end of section ninety-four the following new subsection : —
(3 ) A d o c u m e n t pu rpor t ing to be a certificate m a d e or issued by the Contro l le r or his delegate appo in ted unde r subsection two of section eleven of this Ac t a n d to be signed by the Control ler o r
a n y such delegate certifying to the effect t h a t — (a)
the premises described in the certificate are or a r e no t a t the da t e of the certificate or were o r were no t a t a n y t ime or, dur ing a n y per iod specified in the certificate, premises , o r premises included in a n y class
of premises , to which an order m a d e unde r subsection one o r two of section six of this Ac t appl ies o r appl ied o r to which a decla ra t ion cont inued in force a n d effect by subsect ion three of tha t section appl ies or app l i ed ; (b)
the premises, or part of any premises, described in the certificate a r e o r a r e not , or is or is not , a t t he da te of the certificate or were or were not , or was or was not , at a n y t ime or dur ing any per iod specified in
the
the certificate premises to which a n order No.
m a d e under subsect ion one of section 6A
of this A c t appl ies or app l i ed ; (c) the premises a re or a re no t a t t he da te of the certificate, o r were o r were no t a t a n y t ime or dur ing a n y per iod specified in the certifi cate , premises of a class t o which a n order m a d e unde r p a r a g r a p h ( b ) of subsection
three of section 6A of this A c t appl ies o r
app l i ed ;
(d) a lease or agreement, specified in the cer tificate, being a lease of, o r a n agreement in respect of, premises descr ibed in the cer tificate is o r is no t registered u n d e r the
provisions of section 5 A o r 1 7 A of this Ac t ,
and , if it is so registered, certifying the da te
on which it was so registered;
(e) the premises described in the certificate are or a r e no t a t the da t e of the certificate, or were or were no t a t a n y t ime or du r ing any per iod specified in the certificate, premises in respect of which a certificate unde r sec
t ion 6A, seven, eighty-six, 86A , eighty-seven
or 8 7 B of this A c t is or was in force,
shall b e admissible in evidence in any proceedings a n d shall , unt i l t he con t ra ry is p roved , be accepted as evidence of the mat te r s therein certified to .
| 6. | P a r t | V | of | the | L a n d l o r d | and | T e n a n t | ( A m e n d m e n t ) |
| Act, 1 9 4 8 , as a m e n d e d | by | subsequent | Acts , | is | a m e n d e d — |
(a) b y omit t ing section one h u n d r e d and t h r e e ; (b)
( b ) b y omit t ing section one h u n d r e d a n d f o u r ;
(c) b y omi t t ing section one h u n d r e d a n d five;
( d ) by omit t ing section one h u n d r e d a n d s ix ;
( e ) by omit t ing section one h u n d r e d a n d seven ;
(f) by omit t ing section one h u n d r e d a n d e igh t ;
(g ) b y omit t ing section one h u n d r e d a n d n i n e ;
( h ) b y omi t t ing section one h u n d r e d a n d ten.
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