National Security (Landlord and Tenant) Regulations (Amendment) (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*
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
Dated this twenty-fifth day of February, 1948.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
NELSON LEMMON
for and on behalf of the Minister of State for Post-war Reconstruction.
Amendments of the National Security (Landlord and Tenant) Regulations.
“5b.—(1.) Subject to this regulation, every determination or variation of a determination made, or purporting to have been made, before the commencement of this regulation, by the Controller, or by a person acting or purporting to act as a delegate of the Controller, shall, from the commencement of this regulation, be as valid and effectual as if the amendments made by the Regulations by which this regulation was inserted had been in force at the time when the determination or variation was, or purported to be, made and at the time when any act or proceeding preliminary to the making, or purported making, of the determination or variation was done or taken by any person.
“(2.) Where, before the commencement of this regulation, any act or proceeding preliminary to the making by the Controller of a determination or variation of a determination has been, or has purported to be, done or taken by any person, the Controller may proceed to make a determination or variation as if the amendments made by the Regulations by which this regulation was inserted had been in force at the time when that act or proceeding was, or purported to be, done or taken.
“(3.) Nothing in this regulation shall give any force or effect to any purported determination or variation which has, before the commencement of this regulation, been adjudged by a competent court to be invalid.”.
*Notified in the
Being the Regulations having that title as in force under the
331.—Price 3d.
“30.—(1.) A determination may be varied—
(
a )on application made in the same manner as an application to the Controller for a determination; or(
b ) by the Controller of his own motion,
and
the provisions of this Part relating to determinations shall, so far as
applicable and
“(2.) During such period as is specified in the determination, or, if no period is so specified, during the period commencing with the date of the determination and ending twelve months after that date, an application shall not be made to vary a determination, or to determine the fair rent of prescribed premises, or of prescribed premises together with goods leased therewith, in respect of which a determination has been made, nor shall the Controller vary a determination of his own motion, except on the ground that—
(
a )by an error or omission an injustice has been occasioned by the determination;(
b )increased outgoings or losses have been or will be incurred by the lessor by reason of the use made by the lessee of the premises since the date of the determination;(
c )the determination has been based on an incorrect estimate of the value of the premises or of goods leased therewith or of the services supplied by the lessor, or of premises of which the premises form part, or on an incorrect calculation, and by reason thereof an injustice has been occasioned by the determination;(
d )there has been a substantial alteration in the terms and conditions upon which the premises are leased;(
e ) substantial alterations or additions have been made to the premises, to the goods leased therewith, or to the services supplied by the lessor, since the determination was made; or(
f ) the value of the premises, of the goods leased therewith or of the services supplied by the lessor has materially decreased or increased since the determination was made.
“(3.) For the purposes of this regulation, any reference in regulation 17, 23 or 25 of these Regulations to notice of intention to make a determination shall be read as a reference to notice of intention to consider the making of a variation of a determination.”.
“39a.—(1.) Before making a determination, or a variation of a determination, the Controller shall make a thorough investigation without regard to legal forms or solemnities, and may proceed to make the determination or variation without a formal or oral hearing of the persons interested or their representatives.
“(2.) This regulation shall not affect the right of any person to make representations to the Controller in writing, or the duty of the Controller to consider any such representations.”.
“(
ia )that the lessor is a person, body or authority carrying on a hospital, or a trustee for such a person, body or authority, and the use of the premises is reasonably required for the purposes of the hospital (including the accommodation of the staff of the hospital);”.
“82a.—(1.) Where any transaction is entered into in contravention of these Regulations, the transaction shall not thereby be invalidated, and the rights, powers and remedies of any person thereunder shall, except where otherwise expressly provided in these Regulations, be the same as if these Regulations had not been made.
“(2.) Nothing in this regulation shall affect the operation of regulation 81 of these Regulations or the liability of any person to any penalty in respect of any contravention of these Regulations.”.
“85. Every document purporting to be a certificate or other instrument made or issued by the Controller in pursuance, or for the purposes, of any provision of these Regulations and to be signed by the Controller shall be received in evidence and shall, until the contrary is proved, be deemed to be a certificate or other instrument (as the case may be) made or issued by the Controller.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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