National Security (Fair Rents) Regulations (Amendment) (Cth)

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STATUTORY RULES.

1940. No. 133.

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 1939-1940.

Dated this tenth

day of July, 1940.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

Amendments of the National Security (Fair Rents)

Regulations,  

Definitions.

1. Regulation 2 of the National Security (Fair Rents) Regulations is amended—

(a) by inserting after the definition of “dwelling-house” the following definition:—

“‘factory’ means any premises leased wholly or in part for the purposes of a factory, and includes—

(a) any part of any such premises separately leased; and

(b)any land or appurtenances leased with any such premises or part thereof;”; and

(b)by inserting after the definition of “lessor” and “lessee” the following definition:—

“‘prescribed premises’ means any dwelling-house, shop or factory;”.

Rent not to be increased in certain cases.

2.Regulation 4 of the National Security (Fair Rents) Regulations is repealed.

 

* Notified in the Commonwealth Gazette on , 1940.

  Statutory Rules 1939, No. 104, as amended by Statutory Rules, 1939, No. 118.

4053.—8/28.6.1940.—Price 3d.

 

Determination of fair rents.

3. Regulation 6 of the National Security (Fair Rents) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(3.) The applicant shall give notice of the application to the lessor or lessee, as the case may be.

“(3a.) A notice required to be given to a lessor under the last preceding sub-regulation shall be deemed to have been duly given if it is served upon the person to whom the rent of the prescribed premises in respect of which the application is made is ordinarily paid.

“(3b.) Where any prescribed premises in respect of which an application is made are the subject of a mortgage, the lessor shall give notice of the application to the mortgagee, who shall be entitled to be a party to the application.”.

Consequential amendments.

4. The National Security (Fair Rents) Regulations are amended as set out in the Schedule to these Regulations.

 

THE SCHEDULE.

Regulation 4.

Consequential Amendments of the National Security (Fair Rents)

Regulations.

Regulation.

Extent of Amendment.

2

Omit “dwelling-house or shop” from the definition of “determination”, insert “prescribed premises”.

Omit “a dwelling-house or shop” from the definition of “lease” and from paragraph (b) of the definition of “rent”, insert “any prescribed premises”.

5

Omit “dwelling-houses and shops” from paragraph (a) of sub-regulation (1a.), insert “prescribed premises”.

Omit “dwelling-houses or shops “from paragraph (b) of sub-regulation (1a.) (wherever occurring), insert “prescribed premises”.

6

Omit “a dwelling-house or shop” (first occurring) from sub-regulation (l.), insert “any prescribed premises”.

Omit “a dwelling-house or shop” (second occurring) from sub-regulation (1.), insert “prescribed premises”.

Omit “dwelling-house or shop is” from sub-regulation (1.), insert “prescribed premises are”,

Omit “dwelling-house or shop” (last occurring) from sub-regulation (1.), insert “prescribed premises”.

Omit “dwelling-house or shop” from sub-regulation (2.), insert “prescribed premises”.

7

Omit “dwelling-house or shop” from sub-regulation (1.), insert “prescribed premises”.

Omit “a dwelling-house or shop is” from sub-regulation (2.), insert “any prescribed premises are”.

Omit “dwelling-house or shop” (second and third occurring) from sub-regulation (2.), insert “prescribed premises”.

8

Omit “dwelling-house or shop” from sub-regulation (2.), insert “prescribed premises”.

9

Omit “dwelling-house” from paragraph (a) of sub-regulation (1.), insert “prescribed premises”.

Omit “dwelling-house or shop” from paragraph (c) of sub-regulation (1.), insert “prescribed premises”.

Omit “a dwelling-house or shop” from paragraph (a) of sub-regulation (2.), insert “any prescribed premises”.

 

The Schedule—continued.

Regulation.

Extent of Amendment.

9—

Omit “that dwelling-house or shop” from paragraph (a) of sub-regulation (2.), insert “those permises”.

Omit “a dwelling-house or shop” from paragraph (b) of sub-regulation (2.), insert “any prescribed premises”.

Omit “that dwelling-house or shop” from paragraph (b) of sub-regulation (2.), insert “those premises”.

continued.

10

Omit “a dwelling-house or shop”, insert “any prescribed premises”.

Omit “that dwelling-house or shop”, insert “those premises”.

11

Omit “dwelling-house or shop” (wherever occurring) from sub-regulation (1.), insert “prescribed premises”.

Omit “dwelling-house or shop” (first occurring) from sub-regulation (3.) insert “prescribed premises”.

Omit “or shop” (first occurring) from paragraph (e) of sub-regulation (3.), insert “, shop or factory”.

Omit “dwelling-house or shop” (second occurring) from paragraph (e) of sub-regulation (3.), insert “premises”.

Omit “dwelling-house or shop” (wherever occurring) from paragraph (f) of sub-regulation (3.), insert “premises”.

Omit “dwelling-house or shop” from paragraph (g) of sub-regulation (3.), insert “premises”.

12

Omit “a dwelling-house or shop”, insert “any prescribed premises”.

13

Omit “a dwelling-house or shop” from sub-regulation (2.), insert “any prescribed premises”.

Omit “dwelling-house or shop” (second occurring) from sub-regulation (2.), insert “premises”.

26

Omit “dwelling-house or shop”, insert “prescribed premises”.

 

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

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