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

STATUTORY RULES.

1943. No. 273.

 

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 third day of November, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

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

 

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

Restrictions on eviction of lessee.

1. Regulation 15 of the National Security (Landlord and Tenant) Regulations is amended—

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

“(1.) Except as provided by this regulation, the lessor of any prescribed premises shall not give any notice to terminate the tenancy or take or continue any proceedings to recover possession of the premises from the lessee or for the ejectment of the lessee therefrom.

“(1a.) A notice to quit given in contravention of this regulation shall not operate so as to terminate the tenancy in respect of which the notice was given.”;

(b) by adding at the end of sub-regulation (3.) the words “, or allow the giving of notice to quit for a period shorter than the period which, but for this regulation, would be required.”; and

 

* Notified in the Commonwealth Gazette on 4th November, 1943.

  Statutory Rules 1941, No. 275, as amended by Statutory Rules 1941, Nos. 286 and 321; 1942, Nos. 14, 15, 74, 112, 412, 456 and 551; and 1943, Nos. 12, 88, 91, 163, 185 and 262.

6357.—Price 3d.

 

(c) by inserting after sub-regulation (5.) the following sub-regulation:—

“(5a.) A notice to quit given (whether before or after the commencement of this sub-regulation) in accordance with the provisions of this regulation shall, if the tenancy in respect of which the notice was given has not, or had not, expired by effluxion of time, operate, or be deemed to have operated, so as to terminate the tenancy of the premises at the expiration of the period specified in the notice.”.

2. After regulation 15 of the National Security (Landlord and Tenant) Regulations the following regulation is inserted:—

Enforcement of orders.

“16. An order for the recovery of any prescribed premises (or of any goods leased therewith) or for the ejectment of a lessee therefrom made by a court under these Regulations may be enforced in the same manner as a like order, if made by that court otherwise than under these Regulations, might be enforced.”.

 

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