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

STATU TO RY RULES,

1943 . No. 91 .

REGULATION S U NDER TH E N A T IO N A L SE C U R ITY

ACT 1939-1910.*

I, TH E D E PU TY OF TH E GOVERNOR-GENERAL in and over

the Commonwealth of Australia, acting with the advice of the

Federal Executive Council, herey make the following Regulations under

the National Security Act: 1939-1940.

Dated this eighth day of April, 1943.

W IN STO N DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

R. V. K EAN E

for and on behalf of the Minister of

State for Defence.

A m e n d m e n t s of t h e N a t io n a l S e c u r it y ( L a n d l o r d a n d T e n a n t )

R e g u l a t io n s, f

1. Regulation 3 of the National Security (Landlord and Tenant) Application of Regulations.

Regulations is amended .by omitting sub-regulation (3.).

2. After regulation 14 of the National Security (Landlord and

Tenant) Regulations the following regulation is inserted:—

“ 1 4 a .— :(1.) Any person who is a party to an application, or may	by agent, <&c.
Representation

be affected by the result of an application, may be represented by an

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agent, who may examine witnesses and address the Board on that

person’s behalf.

“ (2.) The agent shall not be a barrister or solicitor, or a clerk of

a barrister or solicitor, unless—

(a) all parties or persons affected consent thereto;

(b) the Attorney-General has intervened by counsel or solicitor;

or

(e) one of the parties or persons affected is a barrister or

solicitor.” .

* Notified in tlie Commonwealth Gazette on 8th A pril, 1948.

t Statutory Rules 1941, No. 275, ns amended bv Statutory Rules 1941, Nos. 280 and

o21; 1942, Nos. 14, 15, 74, 112, 4.1.2, 4 56 and 551; and 1943, No. 12.

3. Regulation 15 of the National. Security (Landlord and Tenant)

Regulations is repealed and the following regulation inserted in its stead:—

Restrictions

on eviction of “ 15.— (1.) Subject to this regulation, the lessor of any prescribed

lessee. premises shall not give any notice or take or continue any proceedings to terminate the tenancy or to recover possession of the premises or for the ejectment of the tenant therefrom.

“ (2.) Subject to the succeeding sub-regulations of this regulation,

a lessor may take proceedings in any court of competent jurisdiction

for an order for the recovery by him of any prescribed premises (or of

any goods leased therewith) or for the ejectment of the tenant therefrom

if the lessor, before taking such proceedings, has given to the lessee

notice to quit for a period not less than a period calculated by allowing

seven days for each completed period of six months of occupation and

adding thereto seven days, and that period of notice has expired, upon

one or more of the following grounds but upon no other ground:—

(a) That the lessee has failed to pay the rent in respect of a

period—

(i) where the lessee’ s period of occupation does not

exceed six months— of not less than seven days;

(ii) where the lessee’s period of occupation exceeds six

months but does not exceed twelve months— of

not less than fourteen days; and

(iii) in any other case— of not less than twenty-eight

days;

(b) That the lessee has failed to perform some other term or

condition of the lease and the performance of that, other

term or condition has not been waived or excused by the

lessor;

(c) That the lessee has failed to take reasonable care of the

premises, or of any goods leased therewith, or has com­

mitted waste;

(d) That the lessee has been guilty of conduct which is a nuisance

or annoyance to adjoining or neighbouring occupiers;

(e) That the lessee has given notice of his intention to vacate the premises and in consequence o f that notice the lessor has agreed to sell or let the premises or has taken any other steps as a result of which he would, in the opinion of the Court, he seriously prejudiced if he could not obtain possession;

( / ) That the premises are reasonably required by the lessor for

his personal occupation;

(g) That the lessor has agreed to sell the premises by an agree­

ment which requires the purchaser to pay not less than one-fourth of the whole purchase money within twelve months from the date thereof and by which the purchaser is entitled to vacant possession of the premises and the premises are reasonably required by the purchaser

for his personal occupation;

(h) That the premises are reasonably required by the lessor

for reconstruction or demolition; or

(i) That the lessee has been convicted of any offence arising

out of the use of the premises for any immoral or illegal

purpose.

“ (3.) Nothing in the last preceding sub-regulation shall require the giving of notice to quit for a period exceeding ninety-one days.

“ (4.) A notice to quit upon any ground specified in paragraph ( e), (f ) or (g) of sub-regulation (2.) of this regulation shall not be given, after the lessee has made an application for a determination, until after the expiration of a period of six months after the making of a determination thereon, but if a determination has not been made

within a period of six months after the date of the application, the

notice may be given after the expiration of that period.

“ (5.) A notice to quit shall specify the ground relied upon and shall give the particulars thereof and, in the proceedings, the lessor shall not be entitled to rely upon any ground not so specified.

“ (6.) On the hearing of any proceedings by a lessor for an order for the recovery of possession of any prescribed premises or for the ejectment of the tenant therefrom (whether the proceedings were commenced before or after the commencement of these Regulations) the court shall take into consideration, in addition to all other relevant matters—

(a) any hardship which would be caused to the lessee or any

other person by the making of the order; or

(b) any hardship which would be caused to the lessor or any

other person by the refusal of the court to make the

order,

and may, in its discretion, make the order or may, on such conditions (if any) as it thinks fit refuse to make the order notwithstanding that one or more of the grounds specified in sub-regulation (2.) of this

regulation has been established.

“ (7.) In respect of any proceedings referred to in the last

preceding sub-regulation, the court may— ,

(a) subject to such conditions (if any) and for such period as

it thinks fit—

(i) adjourn the proceedings;

(ii) stay or suspend the execution of any judgment

or order which has been made or given in the

proceedings; or

(iii) postpone the date for recovery or possession or for ejectment specified in any such judgment or order; or

(b) subject to such conditions (if any) as it thinks fit, discharge

or rescind any such judgment or order.

“ (8.) Notwithstanding any provision of the law of any State or

Territory of the Commonwealth, no order (other than an order made under this regulation) made by any court for the recovery by the lessor of possession of any prescribed premises (or of any goods leased there­ with) or for the ejectment of the tenant shall be enforceable.

“ (9-) Where a lessor has obtained an order for the recovery of possession of any prescribed premises or for the ejectment therefrom of a tenant which is subsequently proved to have been obtained by

misrepresentation or the concealment of material facts, the court which made the order may order the lessor to pay to the former lessee such sum as appears to the court to be sufficient as compensation for damage or loss sustained by the lessee as the result of the order.

“ (10.) I f an order for the recovery of possession of any prescribed premises or for the ejectment therefrom of a tenant is made on any ground specified in paragraphs ( / ) and (g) of sub-regulation (2.) of this regulation, the premises shall not be again leased or sold or agreed to be sold until after the expiration of the period of twelve months immediately succeeding the date on which possession was obtained or the ejectment effected or such shorter period (not less than six months) as the court which made the order determines.

“ (11.) Hothing in the last preceding, sub-regulation shall prevent

the letting of any room in the prescribed premises which is not reason­

ably required by the lessor or purchaser, as the case may bo, provided

that the total rent obtained is not greater than a reasonable rent for the

whole o f the premises less a reasonable deduction for the portion of the

premises not so let.

“ (12.) A transaction entered into in contravention of sub-regula­ tion (10.) of this regulation .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 that sub-regulation.

“ (13.) Where, in relation to any State or Territory an order is in force declaring that it is desirable that the powers of Boards in that State or Territory shall be exercisable with respect to certain prescribed

premises only, or with respect to a limited class of prescribed premises only, the provisions in this regulation shall, in that State or Territory, apply only with respect to the prescribed premises, or limited class of prescribed premises, referred to in the order.

“ (14.) Notwithstanding anything contained in this regulation, an

order shall not be made for the recovery of possession of any prescribed

premises from, any person, or for the ejectment of any tenant from any

prescribed premises, on the grounds specified in paragraph ( / ), (g)

or (h) of sub-regulation (2.) of this regulation unless the court making

the order is satisfied—

(a) that suitable alternative accommodation in lion of the

prescribed premises is immediately available for the accommodation of the person occupying the prescribed jwemises; or

(b) if such accommodation is not available that it would cause hardship to the lessor if the order were, not made.’ .

Enforcement of

orders. 4. Regulation 16 of the National Security (Landlord and Tenant)

Regulations is repealed.

5. Regulation 25 of the National Security (Landlord and Tenant) Regulations is repealed and the following regulation inserted in its stead :—

Intervention

by Attorney-	“ 25. The Attorney-General may, at any stage of any application, or o f any proceedings under these Regulations, intervene, by counsel, solicitor or agent, on behalf of the Commonwealth, and may examine witnesses and address the Board or court.” .
Gencral,

B

6.— (1.) Where, at the commencement of this regulation, any appli­	Pending
applications.

cation under regulation 15 of the National Security (Landlord and Tenant) Regulations was pending before a Fair Rents Board, the applicant may, within one month ‘ after the commencement of this regulation, apply to a court of competent jurisdiction for an order that the application continue in that court and the court may, in its discretion, make an order accordingly or refuse to make an order.

(2.) Where any such order is made—

(a) the application shall continue in the court making the

order in all respects, mutatis mutandis, as if it had been

a proceeding commenced in that court; and

( i ) such documents concerning the application as have been filed with the Fair Rents Board shall, at the request of the proper officer of the court making the order, be trans­ mitted to that officer.

(3.) Where, prior to the commencement of this regulation, an order has been made under regulation 15 of the National Security (Landlord and Tenant) Regulations and has not been executed, the person in whose favour the order was made may, within one month after the commencement of this regulation, apply to a court which would have had jurisdiction to make the like order if those regulations had not been made, for an order that the order shall have effect as if it were an order

of that court and the court may, in its discretion, make an order

accordingly or refuse to make an order.

(4.) Where a court makes such an order—

(a) the order of the Fair Rents Board shall have effect in all

respects, mutatis mutandis,	as if it were an order of that
court; and

( i ) such documents concerning the application on which the order of the Fair Rents Board was made as have been filed with the Fair Rents Board shall, at the request of the proper officer of the court, be transmitted to that officer.

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

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