National Security (Housing of War Workers) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 181.

 

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 sixteenth day of July, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the National Security (Housing of War Workers) Regulations.

Certificates.

1. Regulation 5 of the National Security (Housing of War Workers) Regulations is amended—

(a) by inserting in sub-regulation (1.) after the word “may”, the words “, in his discretion,”; and

(b) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) A certificate given under the last preceding sub-regulation shall remain current until the person to whom the certificate was given has entered into possession of a dwelling-house which he has required to be let to him under regulation 7 of these Regulations, or until the expiration of a period of four weeks from the date on which the certificate was given, whichever first happens.

“(3.) A person to whom a certificate under sub-regulation (1.) of this regulation has been given shall, upon entering into possession of a dwelling-house which he has required to be let to him under regulation 7 of these Regulations, or, if he has not, within a period of four

 

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules,1941, No. 169, as amended by Statutory Rules 1941, Nos. 207 and 324; 1942, Nos. 17, 171, 256 and 354; and 1943, Nos. 106 and 107.

4105.—Price 3d. 25/9.7.1943.

 

weeks from the date on which the certificate was given, entered into possession of a dwelling-house which he has so required to be let to him, upon the expiration of four weeks from the date on which the certificate was given, forthwith return the certificate to a person authorized to give certificates under this regulation.”.

2. Regulation 5a of the National Security (Housing of War Workers) Regulations is repealed and the following regulation inserted in its stead:—

Owners and agents may be required by notice to giveinformation as to vacant dwelling-houses in prescribed areas.

“5a.—(1.) The Minister, the Secretary of the Department of Labour and National Service, or any person authorized to give certificates under sub-regulation (1.) of the last preceding regulation, may serve a notice on any real estate agent, or on the owner of any dwelling-house, requiring him to notify the person serving the notice in accordance with the provisions of sub-regulation (2.) or (3.) of this regulation, whichever is applicable.

“(2.) After the service of such a notice on a real estate agent, he shall—

(a) forthwith notify the person serving the notice of all dwelling-houses in a prescribed area which, prior to the date of service of the notice, he is authorized to sell or let and which are for sale or unlet at that date; and

(b) whenever he is authorized on or after that date and before the notice is withdrawn to sell or let any dwelling-house in a prescribed area, forthwith notify the fact to the person serving the notice, and, if the authority is a continuing authority, whenever he becomes aware that a tenancy in respect of the dwelling-house has terminated or is about to terminate or that, the dwelling-house is vacant or is about to become vacant, forthwith notify the fact to that person,

and shall furnish to the person serving the notice such information relating to any such dwelling-house as that person requires.

“(3.) Whenever, after the service of such a notice on an owner and before the notice is withdrawn, he becomes aware that a tenancy in respect of any dwelling-house in a prescribed area owned by him has terminated or is about to terminate or any such dwelling-house is vacant or is about to become vacant, he shall forthwith notify the fact to the person serving the notice.”.

Owners and agents to furnishinformation after prescribed date as to vacant dwelling-houses in prescribed areas.

3. Regulation 5b of the National Security (Housing of War Workers) Regulations is repealed and the following regulations inserted in its stead:—

“5b.— (1.) The owner of any dwelling-house in a prescribed area, and any person having authority to let or sell any dwelling-house in a prescribed area, shall, whenever at any time, after the prescribed date, he becomes aware that a tenancy in respect of the dwelling-house has terminated or is about to terminate or that the dwelling-house is vacant or is about to become vacant, forthwith notify the prescribed person of the fact.

 

“(2.) Where any tenancy in respect of a dwelling-house in a prescribed area is about to terminate or terminates, or a dwelling-house in a prescribed area is about to become vacant or becomes vacant—

(a) the owner of the dwelling-house, or any person having authority to let the dwelling-house, shall not—

(i) except in compliance with regulation 7 of these Regulations or except with the consent in writing of the prescribed person, let the dwelling-house before the expiration of the period of seven days after the day on which the tenancy terminates or the dwelling-house becomes vacant; or

(ii) except under a tenancy created in compliance with regulation 7 of these Regulations or except with the consent in writing of the prescribed person, permit any person (not being the owner of the dwelling-house) to enter into possession of the dwelling-house before the expiration of the period specified in the last preceding sub-paragraph; and

(b) a person (not being the owner of the dwelling-house)—

(i) shall not remain in possession of the dwelling-house after the termination of the tenancy thereof; and

(ii) shall not enter into possession of the dwelling-house before the expiration of the period specified in sub-paragraph (i) of the last preceding paragraph,

except under a tenancy created in compliance with regulation 7 of these Regulations or except with the consent in writing of the prescribed person.

“(3.) In this Part, ‘the prescribed person’, in relation to any prescribed area, means a person specified by the Minister by notice in the Gazette, to be the prescribed person in respect of that prescribed area.

Tenancies deemed to terminate in certain circumstances.

“5c.—(1.) Where neither the tenant nor any dependant of the tenant has resided in a dwelling-house in a prescribed area for a period of twenty-eight consecutive days, the tenancy shall, for the purposes of this Part, he deemed to have terminated at the expiration of that period.

“(2.) A prescribed person may, in his discretion, on application by the tenant of a dwelling-house, declare that the last preceding sub-regulation shall not apply in relation to that dwelling-house during any period specified by the prescribed person and, where any such declaration is made, the last preceding sub-regulation shall not apply accordingly.

“(3.) The prescribed person shall give notice of any declaration made under the last preceding sub-regulation either to the owner of the dwelling-house or to any person who ordinarily acts as agent in relation thereto.

Courts may declare tenancies shall terminate in certain cases.

“5d.—(1.) A court of summary jurisdiction constituted by a Police, Stipendiary or Special Magistrate in the State or Territory in which a dwelling-house in a prescribed area is situated may, on application by a prescribed person, if the court is satisfied that neither the

 

tenant of the dwelling-house nor any dependant of the tenant ordinarily resides therein, declare that the tenancy of the dwelling-house shall, for the purposes of this Part, terminate on such date as is specified by the court and the tenancy shall, for the purposes of this Part, be deemed to terminate on that date.

“(2.) The court may direct that notice of an application under the last preceding sub-regulation be given to such person or persons as it thinks fit.

Application of regulations 5b, 5c and 5d.

“5e. The last three preceding regulations shall apply, in relation to any prescribed area, after the publication of a notice by the Minister in the Gazette specifying the date from which those regulations shall apply in relation to that prescribed area, until the publication of a notice by the Minister in the Gazette declaring that those regulations shall cease to apply in relation to that prescribed area.”.

War workers may require houses to be let.

4. Regulation 7 of the National Security (Housing of War Workers) Regulations is amended by inserting in sub-regulation (1.), before the word “certificate”, the word “current”.

Warrant to obtain possession of houses.

5. Regulation 8aa of the National Security (Housing of War Workers) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where the owner of any dwelling-house who has been required under regulation 7 of these Regulations to let the dwelling-house to a war worker neglects or refuses to do so, a court of summary jurisdiction constituted by a Police, Stipendiary or Special Magistrate in the State or Territory in which the dwelling-house is situated may, on the application of the war worker, if the court is satisfied that the owner did not have reasonable cause for refusing to let the dwelling-house, and—

(а) the dwelling-house is vacant; or

(b) the person in possession of the dwelling-house has remained in possession thereof, or entered into possession thereof, in contravention of paragraph (b) of sub-regulation (2.) of regulation 5b of these Regulations,

grant a warrant authorizing such persons as are specified therein to deliver possession of the dwelling-house to the applicant.”.

 

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