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

STATUTORY RULES.

1942. No. 17.

 

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-eighth day of January, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

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

 

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

Definitions.

1.—(1.) Regulation 4 of the National Security (Housing of War Workers) Regulations is amended by inserting in the definition of “prescribed area”, after the word “which” the words “Part II. of”.

(2.) Each order made by the Minister prior to the date of the commencement of this regulation and in force on that date specifying an area to be an area in relation to which the National Security (Housing of War Workers) Regulations shall apply shall have effect as if the order had specified the area to be an area in relation to which Part II. of those Regulations shall apply.

2. Regulation 6 of the National Security (Housing of War Workers) Regulations is repealed and the following regulation inserted in its stead:—

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

“6. The provisions of the National Security (Landlord and Tenant) Regulations relating to the termination of tenancies, the recovery of the possession of premises and the ejectment of tenants from premises, and any provisions incidental to those provisions, shall extend to every dwelling-house in a prescribed area of which a war worker is the tenant.”.

 

* Notified in the Commonwealth Gazette on 28th January, 1942.

  Statutory Rules 1941, No. 169, as amended by Statutory Rules 1941, Nos. 207 and 324.

437.—Price 3d.

Rent of dwelling houses let to war workers.

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

(a) by inserting in sub-regulation (1.) after the words “in pursuance of” the words “this Part of”; and

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

“(4.) The first determination of the fair rent of any such dwelling-house made after the date on which a war worker becomes a tenant thereof may be expressed to have effect as from that date, and, if so expressed, shall have effect accordingly.”.

Provisions with respect to lodgers.

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

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where the occupier of premises in a prescribed area refuses, without reasonable cause (proof whereof shall lie upon him), to continue to provide lodging for a war worker, or the wife or child of a war worker, in those premises, the occupier of the premises shall not thereafter accept as a lodger any person (not being a person already provided with lodgings in those premises) unless that person is a war worker who is the holder of a certificate under regulation 5 of these Regulations, or is the wife or child of such a war worker, and then only on terms and conditions not less favorable to the lodger than the terms and conditions, whether as to remuneration for the lodging or otherwise, on which lodging was provided to the lodger whose lodging has been discontinued.”; and

(b) by omitting from paragraph (a) of sub-regulation (2.) the word “the” and inserting in its stead the word “reasonable”.

5. After regulation 8a of the National Security (Housing of War Workers) Regulations the following regulation is inserted:—

Premises occupied by war workers not to be sold without consent.

“8b.—(1.) The owner of premises to which this regulation applies shall not enter into a contract or agreement to sell the premises by which the purchaser is entitled to vacant possession thereof unless he has first given notice to a person specified in sub-regulation (1.) of regulation 5 of these Regulations of his intention to do so and has received the consent in writing of such a person to the contract or agreement.

“(2.) A contract or agreement entered into in contravention of these Regulations shall not thereby be invalidated but nothing in this sub-regulation shall affect the liability of any person to any penalty in respect of any contravention of this regulation.

“(3.) In this regulation ‘premises to which this regulation applies’ means premises in a prescribed area in which a war worker or the wife or child of a war worker, was resident (whether as a tenant or as a lodger) on the first day of January, 1942.”

Membership of Trust.

6. Regulation 11 of the National Security (Housing of War Workers) Regulations is amended by omitting from paragraph (b) of sub-regulation (1.) the word “four” and inserting in its stead the word “six”.

7. After regulation 24 of the National Security (Housing of War Workers) Regulations the following regulation is inserted:—

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

“24a. 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 Trust’) to let any house to a war worker shall not be affected—

(i) by the income of the war worker; or

(ii) by the fact that the war worker owns a dwelling house or can, in the opinion of the Trust, otherwise obtain a house;

(b) subject to the provisions of the National Security (Landlord and Tenant) Regulations, the Trust may let any house to a war worker at such rent as the 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 war workers by virtue of this regulation shall not be taken into account,”.

 

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