National Security (Commonwealth War Housing Trust) Regulations (Cth)

STATUTORY RULES.

1944. No. 33.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I,THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.

Dated this eleventh day of February, 1944.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. HOLLOWAY

for and on behalf of the Minister of State for Defence.

 

National Security (Commonwealth War Housing Trust) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Commonwealth War Housing Trust) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Labour and National Service.

Repeal.

3.—(1.) Part III. of the National Security (Housing of War Workers) Regulations is repealed.

(2.) All rights, property and assets and all obligations and liabilities which, immediately prior to the commencement of these Regulations, were vested in or imposed on the Commonwealth War Workers’ Housing Trust constituted under the National Security (Housing of War Workers) Regulations shall, by virtue of this regulation, be vested in or imposed on the Commonwealth War Housing Trust constituted under these Regulations, and in any contract, agreement or other instrument to which the first-mentioned Trust was a party, any reference to that Trust shall be read as a reference to the Commonwealth War Housing Trust.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“essential worker” has the same meaning as in the National Security (Housing and Accommodation) Regulations;

“member of the Trust” includes the Director when attending a meeting of the Trust;

 

* Notified in the Commonwealth Gazette on 12th February, 1944.

691.—Price 3d.

 

“the Director” means the Director of War Housing, Department of Labour and National Service;

“the Secretary” means the Secretary, Department of Labour and National Service;

“the Trust” means the Commonwealth War Housing Trust.

Constitution and incorporation of Trust.

5.—(1.) There shall be a Commonwealth War Housing Trust, which shall be a body corporate with perpetual succession and a common seal.

(2.) The Trust shall be part of the Executive Government of the Commonwealth and the Commonwealth shall be liable to fulfil all obligations of the Trust.

Purposes of Trust.

6. The purposes of the Trust shall be—

(a) subject to the general control and direction of the Minister, to construct or arrange for the construction of permanent housing or other accommodation and related communal facilities in any part of the Commonwealth;

(b) to advise the Minister as to the nature and extent of the housing and related communal facilities which, in the opinion of the Trust, are necessary in areas specially affected by war conditions to enable essential workers to live according to reasonable standards of comfort within reasonable distances of their places of work;

(c) within the limits of the powers conferred on it by these Regulations, to take whatever action it considers necessary to secure the provision of those facilities; and

(d) to advise the Director on matters referred to the Trust by the Director in relation to the allocation of accommodation or the control and management of hostels under his control or supervision.

Membership of Trust.

7.—(1.) The Trust shall consist of—

(a) a Chairman, who shall be appointed by the Minister;

(b) the Secretary; and

(c) an Executive Member, who shall be appointed by the Minister.

(2.) In the event of the illness or absence of the Chairman, the Minister may appoint an Acting Chairman, who shall have and may exercise, during the illness or absence, all the powers and functions of the Chairman.

Validity of acts of Trust.

8. No act or proceeding of the Trust shall be invalid on the ground only of any vacancy in the membership of the Trust or of any defect in the appointment of any member to the Trust.

Common seal.

9. The common seal of the Trust shall not be affixed to any document except in pursuance of a resolution of the Trust, and any document executed in pursuance of any such resolution shall be attested by the signature of any two members of the Trust.

Judicial notice.

10. All Courts, Judges and persons acting judicially shall take judicial notice of the common seal of the Trust affixed to any document and of the signature of any member of the Trust and the production of

a document purporting to bear the seal of the Trust and the signature of two members of the Trust shall be sufficient evidence that the document was duly executed in pursuance of a resolution of the Trust.

Executive member.

11.—(1.) The Executive Member of the Trust shall perform such duties as are determined by the Trust and shall, subject to the directions of the Trust, be responsible for carrying into effect the decisions of the Trust.

(2.) The Secretary shall make available to the Trust, so far as is necessary for the exercise and performance of its powers and functions, the services of persons employed in the Department of Labour and National Service.

Meetings of Trust.

12.—(1.) The Trust shall meet at such times and at such places as the Chairman from time to time determines.

(2.) At any meeting of the Trust two members shall form a quorum.

(3.) In the absence from any meeting of the Trust of the Secretary, the Director shall be entitled to attend that meeting and shall have all the powers and functions of a member in relation to that meeting.

(4.) The Chairman shall preside at all meetings of the Trust at which he is present.

(5.) In the absence from any meeting of the Trust of the Chairman and the Acting Chairman, the Secretary or, in his absence, the Director shall preside at that meeting.

(6.) All questions arising at any meeting of the Trust shall be decided by a majority of the votes of the members present.

(7.) The person presiding at a meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

Appointment of persons for consultation and advice.

13. In connexion with its activities in any State the Trust may appoint a person nominated by the Government of that State to assist the Trust in a consultative and advisory capacity with a view to the better co-ordination of its housing activities with those of any authority of that State.

Technical assistance.

14. The Trust may procure such technical assistance as it requires.

Delegation by Trust.

15.—(1.) The Trust may, with the consent of the Minister, by instrument under its common seal, delegate to any person or body of persons all or any of its powers and functions under these Regulations (except this power of delegation) in relation to any matter or class of matters, or to any State or part of the Commonwealth, so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of the Commonwealth, specified in the instrument of delegation.

(2.) Every delegation by the Trust shall be revocable by the Trust by instrument under its common seal, and no delegation shall prevent the exercise of any power or function by the Trust.

Powers of Trust.

16. Subject to these Regulations, the Trust shall, for the purposes of these Regulations, have powers—

(a) to make such investigations as it thinks fit into the housing or communal facilities available to any essential workers;

 

(b) to make arrangements, and enter into agreements, with any person, or with any Department or authority of the Commonwealth or of a State, for the supply of materials or the carrying out of work of any kind;

(c) to hold and manage any land vested in it in pursuance of section 62a of the Lands Acquisition Act 1906-1936 or otherwise, or under its control, and to erect houses or other buildings, or provide other facilities, on any such land;

(d) to dispose of any land or other property vested in it;

(e) to lease or let for such term, and on such conditions, as it thinks fit, any land or property vested in it or under its control;

(f) on behalf of the Commonwealth, to make advances on such conditions, and upon such security, as are approved by the Minister and the Treasurer to any person or society, or any State or authority of a State, who or which undertakes, in a manner satisfactory to the Trust, to provide housing or related communal facilities;

(g) in the name of the Commonwealth, to give financial guarantees, on such conditions as are approved by the Minister and the Treasurer, to any person or society, or any State or authority of a State, who or which undertakes, in a manner satisfactory to the Trust, to provide housing or related communal facilities; and

(h) to do any other thing necessary or convenient for carrying out the purposes of the Trust.

Salaries, fees and allowances.

17.—(1.) There shall be payable to any member of the Trust salaries, fees and allowances at such rates (if any) as the Minister determines.

(2.) Where any member of the Trust is an officer of, or person employed in, the Public Service of the Commonwealth, no salary, fee or allowance shall be paid to him under this regulation except under the authority of the Public Service Board.

Accounts.

18. The Trust shall keep accounts in such form as the Treasurer approves.

Occupation of existing authorities.

19. The Trust shall make every endeavour consistent with the attainment of its purposes to use the services of the Departments and authorities of the Commonwealth and of the States in the carrying out of work required to be carried out for the purposes of the Trust.

Validity of leases and agreements.

20. No lease or agreement made, or purporting to be made, by the Trust shall be invalid on the ground only that any terms or conditions thereof have not been approved by the Minister or by the Treasurer.

Protection of members and officers.

21. No member of the Trust, or person acting, or purporting to act, in good faith on behalf of the Trust, shall thereby incur any personal liability.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.