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

STATUTORY RULES.

1941. No. 169.

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 eighteenth day of July, 1941.

DEPUTY OF THE Governor-General.

By His Excellency’s Command,

for and on behalf theMinister of State for Defence Co-ordination.

 

National Security (Housing of War Workers) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Housing of War Workers) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Labour and National Service.

War Service Moratorium Regulations not affected.

3. Nothing in these Regulations shall affect the operation of the National Security (War Service Moratorium) Regulations.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“prescribed area” means an area specified by the Minister by order published in the Gazette to be an area in relation to which these Regulations shall apply;

“the Minister” means the Minister of State for Labour and National Service;

“war worker” means a person—

(a) who is engaged in munitions work as defined in the National Security (Employment) Regulations; or

(b) who is engaged, in any area specified by the Minister by order published in the Gazette, in any other work so specified.

 

* Notified in the Commonwealth Gazette on 1941.

4406.—15/17.7.1941.—Price 3d.

Certificates.

5.—(1.) The Minister, the Secretary of the Department of Labour and National Service, or any person thereto authorized in writing by the Minister or Secretary, may give to a war worker a certificate that he is a war worker within the meaning of these Regulations.

(2.) Where any person to whom such a certificate has been given enters into possession of a dwelling-house which he has required to be let to him under these Regulations he shall forthwith surrender the certificate to the person by whom the certificate was given.

War workers not to be ejected from dwelling houses if rent paid.

6.—(1.) No order for the recovery of possession of any dwelling house in a prescribed area from a tenant (being a war worker) or for the ejectment therefrom of any such tenant shall be made so long as the tenant continues to pay the rent thereof and performs the other conditions of the tenancy, unless—

(a) the tenant has committed waste, or has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers, or the dwelling-house is reasonably required by the landlord for the occupation of himself or some person in his employ, or on some other ground which is deemed satisfactory by the court making the order;

(b) the landlord has entered into a contract to sell the dwelling house, under which contract he has agreed to give vacant possession of the dwelling-house to the buyer, and not less than twenty per centum of the purchase money has been paid, or, in a case where a mortgagee has contracted to sell the dwelling-house either pursuant to his powers as mortgagee, or after having foreclosed upon the property, not less than ten per centum of the purchase money has been paid, and the court is satisfied that the contract was entered into bona fide and not for the purpose of evading the provisions of this regulation; or

(c) the landlord desires to obtain possession of the dwelling-house for the purpose of re-building or making substantial additions thereto,

and unless the court is satisfied that in all the circumstances of the case and in the interests of justice it is desirable that the order for recovery or ejectment should be made.

(2.) Where—

(a) any order for the recovery of possession of any dwelling-house in a prescribed area from a tenant (being a war worker) or for the ejectment therefrom of any such tenant has, prior to the commencement of these Regulations, been made on a ground other than that the tenant has failed to pay the rent thereof or to perform the other conditions of the tenancy; and

(b) the order has not been executed,

the order shall not be executed without the leave of the court which made the order.

War workers may require houses to be let.

7.—(1.) When a dwelling-house in a prescribed area is vacant, or is occupied by a tenant whose tenancy is about to terminate, any war worker who is the holder of a certificate under regulation 5 of these Regulations may require the owner thereof to let the dwelling-house to him and the owner shall, unless be has reasonable cause for refusing so to do, let the dwelling-house accordingly.

(2.) A requirement shall be deemed to be made under the last preceding sub-regulation if—

(a) it is made by the war worker personally, or by some person authorized by him in writing to act as his agent for the purposes of these Regulations; and

(b) it is made—

(i) to the owner of the dwelling-house; or

(ii) to any person who ordinarily acts as an agent in relation to the dwelling-house or to whom the rent of the dwelling-house is ordinarily paid,

either personally, or by registered letter sent to the place of business or abode of the owner or person.

Rent of dwelling-houses let to war workers.

8.—(1.) The rent to be paid for any dwelling-house let to a war worker in pursuance of these Regulations—

(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 not exceed the rent so fixed or determined; or

(b) in any other case, shall be—

(i) the rent agreed upon by the parties; or

(ii) in default of agreement—the rent determined by a fair rents board or court subsequently to the commencement of the tenancy.

(2.) A fair rents board or court in the State or Territory in which there is situated any such dwelling-house shall, notwithstanding anything to the contrary in the law in force in that State or Territory under which the board or court exercises its powers, have, by force of this regulation, power to determine the fair rent of that dwelling-house, and the provisions of that law shall, mutatis mutandis, apply in relation to that dwelling-house and the rent thereof.

(3.) In determining the fair rent of any such dwelling-house which is ordinarily used or let for the purposes of a summer residence, for holiday purposes or for any other special purpose, the board or court shall not take into account the fact that the dwelling-house is ordinarily so used or let, or that the rent obtainable therefor is greater than the rent which, but for that fact, would be obtainable.

 

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