National Security (Landlord and Tenant) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 166.

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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1943.

Dated this twenty-third day of November, 1944.

W. DUGAN.

Administrator.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Amendment of the National Security (Landlord and Tenant) Regulations. 

1. After regulation 16a of the National Security (Landlord and Tenant) Regulations the following regulation is inserted:—

Protection of certain persons in possession of premises.

“16b. Where—

(a)the tenancy of any prescribed premises is terminated by virtue of the provisions of these Regulations;

(b)the person who was the lessee immediately prior to the termination of the tenancy (in this regulation referred to as ‘the former lessee’) dies after the termination of the tenancy; and

(c) a person (not being a lodger or boarder) resided with the former lessee immediately prior to his death and is actually in possession of the premises immediately after the death of the former lessee,

 

* Notified in the Commonwealth Gazette on  , 1944.

  Statutory Rules 1941, No. 275, as amended by Statutory Rules 1941, Nos. 286 and 321; 1942, Nos. 14, 74, 112, 412, 456 and 551; 1943, Nos. 12, 91, 163, 185, 262 and 273; and 1944, Nos. 44 and 137.

7091.—Price 3d. 45/21.11.1944.

that person shall have the like right to continue in possession of the premises as the former lessee would have had if he had not died, but proceedings may be taken against that person for the ejectment of that person from the premises or for the recovery of possession of the premises from that person in accordance with the provisions of these Regulations as if he were a lessee of the premises.”.

Certain court orders not to be enforceable.

2. Any order of a court made before the commencement of this regulation which could not have been made if the last preceding regulation had been in force when the order was made shall not be enforceable.

 

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