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

STATUTORY RULES.

1943. No. 12.

REGULATION’S 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 thirteenth day of January, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

R. V. KEANE

for and on behalf of the Minister of

State for Defence.

 

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

Repeal of Fair Rents Regulations.

1. The National Security (Fair Rents) Regulations (being Statutory Rules 1941, No. 62, as amended by Statutory Rules 1941, No. 71) are repealed.

Application of Regulations.

2. Regulation 3 of the National Security (Landlord and Tenant) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) The powers and functions of Fair Rents Boards under the provisions referred to in the last preceding sub-regulation shall be exercisable in any State or Territory forming part of the Commonwealth in respect of which an order has not been made under the next succeeding sub-regulation by any court within the limits of its jurisdiction, whether those limits are as to locality, subject matter or otherwise.”.

 

* Notified in the Commonwealth Gazette on 14th January. 1943.

  Statutory Rules 1941, No. 275, as amended by Statutory Rules 1941, Nos. 286 and 321; and 1942, Nos. 14, 15, 74, 112, 412, 456 and 551.

 

Definitions.

3. Regulation 4 of the National Security (Landlord and Tenant) Regulations is amended—

(a) by adding at the end of the definition of “lease” the words “or in an agreement for the sale and purchase of land;”; and

(b)by inserting in the definition of “prescribed premises”, after the word “includes”, the words “any part of any premises and”.

Rent of prescribed premises.

4. Regulation 5 of the National Security (Landlord and Tenant) Regulations is amended by adding at the end of sub-regulation (2.) the words “within seven days after the receipt by him of the notice.”.

Application for determination of fair rent.

5. Regulation 9 of the National Security (Landlord and Tenant) Regulations is amended by adding at the end of paragraph (a) of sub-regulation (8.) the words “at the prescribed date, or, if the premises were not in existence on that date, on the date on which the erection of the premises was completed;”.

Effect of determination.

6. Regulation 13 of the National Security (Landlord and Tenant) Regulations is amended by omitting the words “(or portion thereof to which the determination relates)” (wherever occurring).

Restrictions on eviction of lessees.

7.—(1.) Regulation 15 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-regulation (14.) all the words from and including the words “that suitable accommodation” and inserting in their stead the following paragraphs:—

“(a) that suitable accommodation in lieu of the prescribed premises is immediately available for the occupation of the person occupying the prescribed premises; or

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

(2.) Regulation 2 of Statutory Rules 1942, No. 112 is amended by omitting sub-regulation (3.) and Regulation 5 of Statutory Rules 1942, No. 456 is amended by omitting sub-regulation (2.).

(3.) Where, prior to the commencement of this regulation, an order has been 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 ground specified in paragraph (f), (g) or (h) of sub-regulation (2.) of Regulation 15 of the National Security (Landlord and Tenant) Regulations, and the order has not, prior to the commencement of this regulation, been executed, it shall not be executed unless the Fair Rents Board or the court which made the order is satisfied—

(a) that suitable accommodation in lieu of the prescribed premises is immediately available for the occupation of the person occupying the prescribed premises and gives leave to execute the order; or

(b)if such accommodation is not available, that it would cause hardship to the lessor if the order were not executed and gives leave to execute the order.

(4.) In the last preceding sub-regulation, “prescribed premises” includes any part of any prescribed premises.

  

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