National Security (Economic Organization) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 52.

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 twenty-first day of March, 1944.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

AMENDMENT OF THE NATIONAL SECURITY (ECONOMIC ORGANIZATION) REGULATIONS.

Certain land transactions forbidden.

1. Regulation 6 of the National Security (Economic Organization) Regulations is amended-

(a) by inserting to paragraph (e) of sub-regulation (2.), after the word “State,” (first and third occurring), the word “or”;

(b) by omitting from that paragraph the words “or a local authority” (whenever occurring); and

(c) by omitting from paragraph (g) of that sub-regulation the word “and the term of the renewal or extension does not exceed three years”.

2. After part III of the National Security (Economic Organization) Regulation the following part and regulation are inserted:-

“PART IIIa.- PROHIBITION OF TRANSFER OF RESIDENTIAL BUSINESSES.

Disposal of guest house businesses.

“10c.-(1.) A person shall not, without the consent in writing of the Treasurer, purchase or otherwise acquire any residential business.

“(2.) An application for the consent of the Treasurer under sub-regulation (1.) of this regulation shall be in writing.

“(3.) The Treasurer may require any person —

(a) to furnish him with such information as he may require;

(b) to attend and give evidence before him or before any officer authorized by him in that behalf; or

(c) to produce and leave with him or any officer so authorized all books, documents and other papers whatever in his custody or under his control,

concerning any residential business in respect of which an

/application.

 

* Notified in the Commonwealth Gazette on , 1944.

 

application for consent is made under this regulation or concerning any proposed purchase or other acquisition of the business.

“(4.) The Treasurer may require the information or evidence to be given on oath and either verbally or in writing, and for that purpose he or the officer so authorized may administer an oath.

“(5.) A person shall not refuse or fail to comply with a requirement made under sub-regulation (3.) of this regulation.

“(6.) Subject to this regulation, any consent granted this regulation to any person shall, in addition to such other conditions as the Treasurer thinks fit, be subject to the condition that the person to whom a consent is granted-

(a) shall not require any person lodging or boarding and lodging in the building in respect of which the business is being carried on to vacate his lodging on any ground other than that-

(i) payment for this lodging or board and lodging has not been made within two weeks after it became due; or

(ii) he has been guilty of conduct which is a nuisance or annoyance to the person to whom the consent is granted or to the other lodgers or boarders;

(b) shall not charge a rate for any kind of lodging or board and lodging in that building higher than the rate permitted by or under the National Security (prices) Regulations to be charged for that kind of lodging or board and lodging; and

(c) shall not refuse or fail to provide for any person lodging in the building board of substantially the same kind as the board provided for that person by the person from whom the business is purchased or otherwise acquired.

“(7.) where application is made for the consent of the Treasurer under this regulation he may in his absolute distraction grant the consent either unconditionally or subject to such conditions as he thinks fit or refuse to grant the consent.

“(8.) A person shall not contravene or fail to comply with any condition subject to which any consent is granted to him under this regulation.

“(9.) For the purposes of this regulation-

(a) the term ‘building’ does not include a building licensed under any law of the Commonwealth or State or Territory of the Commonwealth for the sale of spirituous or alcoholic liquors;

(b) the expression ‘residential business’, in relation to any building, means the business of providing in that building lodging or board and lodging for valuable consideration; and

(c) a person shall be deemed to acquire a residential business if he acquires-

(i) a lease for any period of the building; or

(ii) all or a substantial part of the furniture, plant and equipment which has been used for the

/purposes

 

purposes of the business and retains that furniture, plant and equipment in the building.

in respect of which the business is carried on.”.