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

STATUTORY RULES.

1941. No. 207.

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 Twenty Sixth day of August, 1941.

Governor-General.

By His Excellency’s Command,

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

 

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

1. The National Security (Housing of War Workers) Regulations are amended—

(a) by inserting before regulation 1 the heading “Part I.— Preliminary.”; and

(b ) by inserting after regulation 3 the following regulation:—

Parts.

“3a. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Protection of Tenants.

Part III.—Provision of Housing Facilities.”.

Definitions.

2. Regulation 4 of the National Security (Housing of War Workers) Regulations is amended by inserting after the definition of “the Minister” the following definition:—

“ ‘the Trust’ means the Commonwealth War Workers Housing Trust established under these Regulations;”.

Heading.

3. The National Security (Housing of War Workers) Regulations are amended by inserting before regulation 5 the following heading:—

“Part II.—Protection of Tenants.”

* Notified in the Commonwealth Gazette on  , 1941.

  Statutory Rules 1941, No. 169.

5197.—20/20.8.1941.—Price 3d.

4. The National Security (Housing of War Workers) Regulations are amended by inserting after regulation 8 the following heading and regulations:—

“Part III.—Provision of Housing Facilities.

Constitution and incorporation of Trust.

“9.—There shall be a Commonwealth War Workers 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.

“10. The purposes of the Trust shall be—

(a) to investigate the housing, transport and communal facilities available to war workers throughout the Commonwealth;

(b) to determine the nature and extent of any such facilities which, in the opinion of the Trust, are necessary to enable war 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 such facilities.

Membership of Trust.

“11—(1.) The Trust shall consist of—

(a) the Secretary, Department of Labour and National Service; and

(b) four other members appointed by the Minister.

“(2.) The members of the Trust appointed by the Minister shall hold office during his pleasure, and shall not be subject to the provisions of the Commonwealth Public Service Act 1922-1941.

“(3.) The Minister shall appoint one member of the Trust to be Chairman of the Trust, and one member to be Deputy Chairman.

Validity of acts of Trust.

“12. No act or proceeding of the Trust shall be invalid on the ground only of any vacancy in the membership, or in the office of Chairman or Deputy Chairman, or of any defect in the appointment of any member to the Trust, or to the office of Chairman or Deputy Chairman.

Common seal.

“13. 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.

“14. All Courts, Judges and persons acting judicially shall take judicial notice of the common sea] of the Trust affixed to any document and of the signature of any member of the Trust, or of any deputy of a member, and of the Chairman, the Deputy Chairman and the Executive Officer 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.

Deputies of members.

“15. The Minister may appoint a person to act as the deputy of a member of the Trust during the absence through illness or any other cause, or during any suspension, of the member, and the deputy shall, while so acting, have and exercise all the powers and functions of the member.

Meetings of Trust.

“16.—(1.) The Trust shall meet at such times and at such places within the Commonwealth as the Chairman or Deputy Chairman from time to time determines.

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

“(3.) The Chairman shall preside at all meetings of the Trust at which he is present, and in his absence the Deputy Chairman shall preside. In the absence of both, the members present shall choose one of their number to preside.

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

“(5.) The Chairman or Deputy Chairman 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.

“17. 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.

“18. The Trust may procure such technical assistance as it requires.

Delegation by Trust.

“19.—(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, functions and authorities 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, functions and authorities may be exercised by the delegate with respect to 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, function or authority by the Trust.

Executive authority.

“20.—(1.) The Minister may appoint an officer of the Department of Labour and National Service to be the Executive Officer of the Trust.

“(2.) The Executive Officer shall perform such duties as are determined by the Trust and shall, subject to the directions of the Trust or of the Chairman, be responsible for carrying into effect the decisions of the Trust.

“(3.) The Secretary, Department of Labour and National Service, shall make available to the Trust, so far as is necessary for the exercise and performance of its powers and functions, the services of officers of that Department.

Powers of Trust.

“21. Subject to these Regulations, the Trust shall, for the purposes of the Trust, have the following powers and functions:—

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

 

(b) To make arrangements, and enter into agreements, with any person, or any authority or department 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, establish and manage hostels, 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 authority or department of a State, who or which undertakes in a manner satisfactory to the Trust to provide housing 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 authority or department of a State, who or which undertakes in a manner satisfactory to the Trust to provide housing facilities;

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

Fees and travelling allowances.

“22. A member of the Trust may be paid fees and be paid travelling allowances at such rates as the Minister determines.

Accounts.

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

Co-operation with existing authorities.

“24. The Trust shall make every endeavour consistent with the attainment of its purposes to utilize the services of existing authorities and departments 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.

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

Protection of members and officers.

“26. 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.