National Security (Fair Rents) Regulations (Cth)

STATUTORY RULES.

1939. No. 104.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this twenty-seventh day of September, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for Minister of State for Defence.

 

NATIONAL SECURITY (FAIR RENTS) REGULATIONS.

Citation.

1. These Regulations may be cited as the National Security (Fair Rents) Regulations.

Definitions.

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

“application” means an application to a Fair Rents Board under these Regulations;

“determination” means the determination of the fair rent of any dwelling-house or shop made in pursuance of these Regulations;

“dwelling-house” means any premises leased wholly or in part for the purposes of residence by a lessee, and includes—

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

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

/(c)

 

* Notified in the Commonwealth Gazette on , 1939.

(c) the premises of any lodging-house or boarding-house; and

(d) any premises part of which is used for the purposes of residence and part as a shop,

but does not include—

(e) any premises licensed for the sale of spirituous or fermented liquors;

(f)any premises ordinarily leased for holiday purposes; or

(g) the premises of any grazing area, farm, orchard, market garden or dairy farm;

“Fair Rents Board” or “Board” means a Fair Rents Board constituted under these Regulations;

“lease” includes every contract for the letting of a dwelling-house or shop, whether the contract is made orally, in writing or by deed;

“lessor” and “lessee” mean the parties to a lease, and include a sub-lessor and sub-lessee respectively;

“rates” includes any rates or charges made or levied by any local authority or other local governing body, including any municipal or city council and water or sewerage authority;

“rent” means the actual rent payable under a lease, and includes—

(a) the value to the lessor of any covenants, conditions or other provisions of, or relating to, the lease to be performed by the lessee other than covenants, conditions and provisions usually entered into by a lessee; and

(b) any rates or taxes payable by a lessee in respect of a dwelling-house or shop other than excess water rates,

and where, in any lease—

/(c)

(c) it is provided that a reduced amount, as rent, shall be accepted by the lessor upon any condition to be performed by the lessee, that reduced amount shall be deemed to be the rent payable under the lease; and

(d) any rebate, discount, allowance or other reduction is provided for, the amount payable after each such reduction is made shall be deemed to be the rent payable under the lease;

“shop” means any premises leased wholly or in part for the purpose of a shop, and includes—

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

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

“tax” includes any tax, whether on land or on income derived from land, imposed by any Act or State Act.

Expenditure of Boards.

3. Expenditure incurred or arising under these Regulations shall not be borne by the Commonwealth.

Rent not to be increased in certain cases.

4.—(1.) The Governor-in-Council of a State may, by Proclamation published in the Government Gazette of that State, declare that the rent payable by the lessee of any dwelling-house or shop in that State shall not, during the period commencing on the date of commencement of these Regulations and ending on the thirty-first day of December, 1939, exceed the rent payable in respect of that dwelling-house or shop as at the thirty-first day of August, 1939 and the rent so payable, as at the last-mentioned date, shall, during that period and subject to any determination made in pursuance of these Regulations—

(a) be deemed to be the rent payable under the lease; and

(b) for the purposes of paragraphs (b) and (c) of sub-regulation (1.) and sub-regulation (2.) of regulation 9 and regulation 10 of these Regulations, be deemed to be rent determined by a Board or fixed by a determination,

and for the purposes of regulation 11 of these Regulations the period specified in the foregoing provisions of this regulation shall be deemed to be a period during which a determination of a fair rent in respect of the dwelling-house or shop is in force.

(2.) Sub-regulation (1.) of this regulation shall not affect any rent fixed in accordance with any law of a State providing for the determination of fair rents.

Fair Rents Boards.

5.—(1.) The Governor in Council of a State may, for the purposes of these Regulations, constitute Fair Rents Boards in the State at such places as he thinks fit.

(2.) Each Fair Rents Board in a State shall consist of a Police, Stipendiary or Special Magistrate, and, if the Governor in Council thinks fit, two other persons.

(3.) The member or members of Fair Rents Board in a State shall be appointed by the Governor in Council of that State and shall hold office during his pleasure.

(4.) Where a Fair Rents Board consists of three persons—

(a) the Magistrate shall be the Chairman of the Board; and

(b) the powers and functions of the Board may be exercized notwithstanding any vacancy in the membership of the Board.

(5.) The Governor in Council of a State may make rules for regulating the procedure of any Fair Rents Board in that State.

Determination of fair rents.

6.—(1.) The lessor of a dwelling-house or shop, or the lessee of a dwelling-house or shop who has paid or tendered all rent due and payable under the lease, may apply to the Fair Rents Board in the State nearest to the place in which the dwelling-house or shop is situated to have the fair rent of the dwelling-house or shop determined by the Board.

(2.) The Board shall hear the application and determine the fair rent of the dwelling-house or shop.

(3.) The applicant shall give notice of the application—

(a) to the lessee or lessor, as the case may be; and

(b) if the dwelling-house or shop is the subject of a mortgage, to the mortgagee thereunder,

and the lessee or lessor and any such mortgagee shall be entitled to be a party to the application.

(4.) on the hearing of the application, the Board shall make a thorough investigation without regard to legal forms or solemnities, and shall not be bound by any rules of evidence, but may inform its mind in such manner as it thinks fit.

/7.-(1.)

Determination of fair rent.

7.—(1.) The rent determined by the Board shall be the fair rent of the dwelling-house or shop as from a date to be fixed by the Board, not being earlier than the date of the application, or, if the Board determines the rent at an amount exceeding the rent payable under the lease at the date of the application, not earlier than the date of the expiration of fourteen days after the date of the determination.

(2.) Where a dwelling-house or shop is occupied by two or more lessees, the Board shall determine the fair rent of the whole, and then determine the proportion thereof which it deems to be the fair rent of the portion of the dwelling-house or shop of the lessee making the application, or, in the case of an application by the lessor, of the portions of the dwelling-house or shop separately occupied.

(3.) In the case of the lease of a furnished dwelling-house, the Board shall determine the fair rent of the dwelling-house irrespective of the furniture and shall also determine the amount of rent to be paid in respect of the furniture.

Duration of determination.

8.—(1.) A determination shall remain in force for such period, not less than three months nor more than one year, as is specified in the determination, but may be varied in accordance with these regulations.

(2.) A determination shall, while it is in force, apply to any lease of the dwelling-house or shop (or portion thereof to which the determination relates) for the time being subsisting, and to the lessor or lessee thereof, notwithstanding any change of ownership or tenancy.

Effect of determination.

9.—(1.) During the period during which a determination is in force—

(a) an application shall not be made to

/vary

 

vary the determination, or to determine the fair rent of the dwelling-house (or portion thereof to which the determination relates) except by the lessor where the Board is satisfied that substantial alterations or additions have been made to the premises since the determination or that the outgoings of the lessor in respect of the premises have been increased;

(b) the rent payable by the lessee shall not exceed the rent determined by the Board, notwithstanding any term or covenant in any lease in force at the time of the application or at any time thereafter during that period; and

(c) a person shall not let the dwelling-house or shop at a rent exceeding the rent determined by the Board, or knowingly receive any sum as rent exceeding the rent so determined.

(2.) The legal remedies for enforcing any covenant or agreement—

(a) to pay rent for a dwelling-house or shop in excess of that fixed in respect of that dwelling-house or shop by a determination; or

(b) which, directly or indirectly, would secure to any person the payment of rent or of money in respect of the occupation of a dwelling-house or shop so that the amount received by that person would exceed the rent fixed by the determination in respect of that dwelling-house or shop,

shall be limited to enforcing payment of the rent so fixed.

Overpayments may be recivered.

10. Any sum paid as rent for, or in respect of the occupation of, a dwelling-house or shop in excess of the rent fixed by a determination in respect of that dwelling-house or shop shall be recoverable in an action

/for

for debt in any competent court by the lessee from the lesser to whom it was paid.

Rent not to be increased pending application and while determination in force.

11.—(l.) So long as any applicant for a determination, being a lessee, duly pays the rent of the dwelling-house or shop in respect of which the application is made and otherwise performs the terms and conditions of his lease, the lessor shall not, without the consent of the Board, demand any increased rent or give any notice or take any proceeding to terminate the tenancy while the application is pending or during the period for which the determination of a fair rent inrespect of the dwelling-house or shop is in force.

(2.) Any demand, notice or proceeding made, given or taken in contravention of the provisions of sub-regulation (1.) of this regulation shall be of no force or effect.

(3.) It shall not be deemed to be a contravention of the provisions of sub-regulation (1.) of this regulation, if the lessor takes proceedings to obtain possession of the dwelling-house or shop or does anything in furtherance of that object if —

(a) the lessee has failed to pay the rent at the rate determined by the Board in accordance with these Regulations or to perform the other terms and conditions of the lease;

(b) the lessee has failed to take reasonable care of the premises or has committed waste;

(c) the lessee has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers;

(d) the premises are used for any immoral purpose;

/(e)

(e) the premises are bona fide required by the lessor for his own occupation as a dwelling-house or shop and the lessor gives at least twenty-eight days’ notice to the lessee requiring him to quit the dwelling-house or shop;

(f) the lessor has, upon sale of the dwelling-house or shop, agreed to give vacant possession thereof to the purchaser and give at least twenty-eight days’ notice to the lessee requiring him to quit the dwelling-house or shop; or

(g) the lessee, by sub-letting the dwelling-house or shop or any part thereof, is making a profit.

Contracting out prohibited.

12. Any covenant or agreement by which any person purports to limit his right to proceed under these Regulations for the determination of the fair rent of a dwelling-house or shop or to limit or affect any other rights to which he would be entitled under these Regulations shall be void.

Threats and boycotts prohibited.

13.—(1.) Aperson shall not, by any threat, endeavour to dissuade or prevent alessee from making or prosecuting any application under these Regulations.

(2.) The owner of a dwelling-house or shop, and the agent of such owner, shall not refuse, or procure any person to refuse, to lease the dwelling-house or shop to any other person who desires to lease the same unless the reason for that refusal (proof whereof shall lie upon the owner or agent) was other than the fact that that other person had made an application to a Board under these Regulations.

(3.) 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 lessee because the lessee has made an application under these Regulations.

/14.

Boards decisions to be final.

14. Everydetermination of a Board shall be final and without appeal, and no writ of prohibition or certiorari shall lie in respect thereof.

Costs not to be allowed.

15. No costs shall be allowed in any proceedings under these Regulations.

Representation by counsel etc.

16. Any party to an application may, with the approval of the Board, be represented by council, solicitor or agent, who may examine witnesses and address the Board on the party’s behalf.

Summoning of witnesses and production of documents.

17. The Chairman of a Board, or where a Board consists of a Magistrate only, that Magistrate, may, by summons in writing under his hand, summon any person to attend the Board at the time and place mentioned in the summons, and then and there to give evidence and to produce any books, documents or writings in his custody or control which he is required by the summons to produce.

Administration of oaths and affirmations.

18. Any member of a Board may administer an oath or affirmation to any person appearing as a witness has been summoned or appears without being summoned, and may examine the witness upon oath or affirmation.

Failure to attend or produce documents.

19.—(1.) A person who has been served with a summons to attend a Board shall not, without reasonable excuse, refuse or fail to attend the Board or to produce any documents, books or writings in his custody or control which he was required by the summons to produce.

(2.) It shall be a defence to a prosecution for failing, without reasonable excuse, to produce any documents, books or writings if the defendant proves that the documents, books or writings were not relevant to the subject matter of the application.

/20.

Refusal to be sworn or give evidence.

20. A person appearing as a witness before a Board shall not refuse to be sworn or make an affirmation or to answer any question relevant to any application put to him by any member of the Board or by any counsel, solicitor or agent appearing before the Board.

False testimony.

21. A witness before a Board shall not knowingly give false testimony in any evidence given by him to the Board.

Protection to and liability of witnesses.

22. A witness before a Board shall have the same protection and shall, in addition to the penalties provided by the National Security Act 1939, be subject to the same liabilities in any civil or criminal proceeding, as a witness in any case tried in the Supreme Court of the State in which the Board is appointed.

Protection of reports and proceedings.

23.—(1.) No action or proceeding, whether civil or criminal, shall lie against any person for publishing in good faith for the information of the public—

(a) a copy of or a fair extract from, or a fair extract of, any determination made by a Board; or

(b) a fair and accurate report of the proceedings on any application before a Board.

(2.) A publication shall be deemed to be made in good faith for the information of the public if the person by whom it is made was not actuated by ill-will against the person defamed or by any other improper motive.

Contempt of Board.

24.—(1.) A person shall not wilfully insult or disturb a Board, or interrupt the proceedings of a Board, or use any insulting language to a Board, or by writing or speech use words which are false or defamatory of a Board, or otherwise commit any wilful contempt of a Board.

(2.) The Chairman of a Board, or, where a Board consists of a Magistrate only, that Magistrate shall, in relation to any offence under sub-regulation (1.) of this regulation committed

/in

in the face of the Board, have all the powers of a Justice of a High Court sitting in open court in relation to a contempt committed in the face of the Court.

Protection to Board.

25. Every member of a Board shall, in the exercise of his duty as a member of the Board, have the same protection and immunity as a Justice of the High Court.

Information as to fair rent.

26. A Board shall, on application, furnish to any person information as to the fair rent of any dwelling-house or shop determined by the Board.

Variation of determinations.

27.