National Security (Housing of War Workers) Regulations (Amendment) (Cth)
STATUTORY RULES.
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
Dated this fourth day of June, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
(Sgd.) E.J. WARD
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (Housing of War Workers) Regulations.
“
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 requiring him to notify the person serving the notice in accordance with the provisions of the next succeeding sub-regulation.
“(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 has been authorized to sell or let and are for sale or unlet at that date;
*
Notified in the
Statutory Rules 1941, No. 169, as amended by Statutory Rules 1941, Nos. 207 and 324; and 1942, No. 17.
3236.—Price 3d. 25/1.6.1942.
(
b ) whenever he is authorized after that date and before the notice is withdrawn to sell or let any dwelling-house in a prescribed area, forthwith notify the fact to the person serving the notice, and, if the authority is a continuing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 such dwelling-house is about to terminate or that the dwelling-house 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.”.
“
8aa.—(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 limited civil jurisdiction constituted by a Police, Stipendiary or Special Magistrate in the State or Territory in which the dwelling-house is situated (or, if the dwelling-house is situated in the State of Tasmania, a Court of Requests) may, on the application of the war worker, if the dwelling-house is vacant and unless the court is satisfied that the owner had reasonable cause for refusing to let the dwelling-house, grant a warrant authorizing such person or persons as are specified therein to deliver possession of the dwelling-house to the applicant.
“(2.) Upon delivery of possession of the dwelling-house to the applicant, the applicant shall be deemed to be a tenant of the owner of the dwelling-house.
“(3.) The rent to be paid for any dwelling-house of which possession is obtained under this regulation—
(
a ) where the rent is, as at the commencement of the tenancy, fixed by or under any law of the Commonwealth or of a State or determined by a fair rents board or court—shall be such rent, not exceeding the rent so fixed or determined, as is agreed between the landlord and the tenant or as, in default of agreement, is fixed by the court which granted the warrant; or(
b ) in any other case, shall be the rent agreed upon between the landlord and the tenant or, in default of agreement, fixed by the court which granted the warrant,
but nothing in this sub-regulation shall be deemed to prevent the subsequent alteration, in accordance with any law in force in the State or Territory concerned, of any rent so agreed upon or fixed.
“(4.) Nothing in this regulation shall affect the liability of any person to any penalty in respect of any contravention of regulation 7 of these Regulations.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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