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

STATUTORY RULES.

1944. No. 32.

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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 eleventh day of February, 1944.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. HOLLOWAY

for and on behalf of the Minister of

State for Defence.

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

Omission of heading.

1. The National Security (Housing of War Workers) Regulations are amended by omitting the heading “Part I.— Preliminary.” appearing before regulation 1.

Citation.

2. Regulation 1 of the National Security (Housing of War Workers) Regulations is amended by omitting the words “of War Workers” and inserting in their stead the words “and Accommodation”.

Parts.

3. Regulation 3a of the National Security (Housing of War Workers) Regulations is repealed.

Definitions.

4. Regulation 4 of the National Security (Housing of War Workers) Regulations is amended—

(a) by omitting from sub-regulation (1.) the definition “munitions of war” and inserting in its stead the following definition:—

“‘essential worker’ means a person who is included in a class of persons declared, in pursuance of the next succeeding sub-regulation, to be a class of essential workers for the purposes of these Regulations;”;

 

* Notified in the Commonwealth Gazette on 12th February, 1944.

  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, 107, 181 and 278.

5464.—Price 3d.

 

(b)by inserting after the definition of “prescribed area” in sub-regulation (1.) the following definition:—

“‘protected person’ means a person who is included in a class of persons declared, in pursuance of the next succeeding sub-regulation, to be a class of protected persons for the purposes of these Regulations;”;

(c) by omitting from sub-regulation (1.) the definitions of “the Trust” and “war worker” and inserting in their stead the following definitions:—

“‘the prescribed person’, in relation to any prescribed area, means a person specified by the Secretary, by notice in the Gazette, to be the prescribed person in respect of that prescribed area;

“‘the Secretary’ means the Secretary, Department of Labour and National Service;”; and

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

“(2.) The Minister may, by order published in the Gazette, declare—

(a) the persons engaged or employed, in any area specified by the Minister in the order, or in any work or by any person so specified, to be a class of essential workers for the purposes of these Regulations; and

(b) any class of persons residing, or desiring to reside, in any area specified by the Minister in the order, to be a class of protected persons for the purposes of these Regulations.”.

Omission of heading.

5. The National Security (Housing of War Workers) Regulations are amended by omitting the heading “Part II.— Protection of Tenants.” appearing before regulation 5.

Certificates.

6. Regulation 5 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.) The Secretary, or any person thereto authorized in writing by the Secretary, may, in his discretion, give to an essential worker or a protected person a certificate that he is an essential worker or a protected person, as the case may be, within the meaning of these Regulations.”.

Owners and agents may be required to give certain information.

7. Regulation 5a of the National Security (Housing of War Workers) Regulations is amended by omitting from sub-regulation (1.) the words “The Minister, the Secretary of the Department of Labour and National Service” and inserting in their stead the words “The Secretary”.

 

Owners and agents to furnish certain information after prescribed date.

8. Regulation 5b of the National Security (Housing of War Workers) Regulations is amended by omitting sub-regulation (3.).

Application of certain provisions of National Security (Landlord and Tenant) Regulations.

9. Regulation 6 of the National Security (Housing of War Workers) Regulations is amended by omitting the words “a war worker” and inserting in their stead the words “an essential worker or a protected person”.

Essential workers and protected persons may require houses to be let.

10. Regulation 7 of the National Security (Housing of War Workers) Regulations is amended by omitting the words “war worker” (wherever occurring) and inserting in their stead the words “essential worker or protected person”.

Rent of dwelling houses let to essential workers and protected persons.

11. Regulation 8 of the National Security (Housing of War Workers) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “to a war worker in pursuance of this Part of these Regulations” and inserting in their stead the words “in pursuance of the last preceding regulation”; and

(b)by omitting from sub-regulation (4.) the words “a war worker” and inserting in their stead the words “an essential worker or a protected person”.

Warrant to obtain possession of houses.

12. Regulation 8aa of the National Security (Housing of War Workers) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “a war worker neglects or refuses to do so” and inserting in their stead the words “neglects or refuses to let the dwelling house in accordance with the requirement”; and

(b) by omitting from sub-regulation (1.) the words “war worker” (second occurring) and inserting in their stead the words “person making the requirement”.

Provisions with respect to lodgers.

13. Regulation 8a of the National Security (Housing of War Workers) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “a war worker” (first, second and third occurring) and inserting in their stead the words “an essential worker or a protected person”;

(b)by omitting from sub-regulation (1.) the words “war worker” (fourth occurring) and inserting in their stead the words “worker or person”; and

(c) by inserting in sub-regulation (2.), before the word “person” (first and second occurring), the words “worker or”.

Premises occupied by essential workers and protected persons not to be sold without consent.

14. Regulation. 8b of the National Security (Housing of War Workers) Regulations is repealed.

 

15. The National Security (Housing of War Workers) Regulations are amended by adding at the end thereof the following regulation:—

Letting of dwelling houses to war workers by South Australian Housing Trust.

“15. Notwithstanding anything contained in the South Australian Housing Trust Act 1936-1940 of the State of South Australia, or in any Act amending or in substitution for that Act—

(a)the power of the South Australian Housing Trust (in this regulation referred to as ‘the State Trust’) to let any house to an essential worker or a protected person shall not be affected—

(i) by the income of the essential worker or protected person; or

(ii) by the fact that the essential worker or protected person owns a dwelling-house, or can, in the opinion of the State Trust, otherwise obtain a house;

(b)subject to the provisions of the National Security (Landlord and Tenant) Regulations, the State Trust may let any house to an essential worker or protected person at such rent as the State Trust thinks fit; and

(c) in the application of the proviso to paragraph (c) of sub-section (1.) of section 27 of that Act, houses let to essential workers or protected persons by virtue of this regulation shall not be taken into account.”.

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