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

STATUTORY RULES.

1942. No. 456.

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REGULATIONS 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 twentieth day of October, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

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

Definitions.

1. Regulation 4 of the National Security (Landlord and Tenant) Regulations is amended by omitting the definitions of “lease”, “lessor” and “lessee” and inserting in their stead the following definitions:—

“‘lease’ includes every contract, express or implied, for the letting of any prescribed premises, and whether made orally, in writing or by deed, and includes a contract for the letting of prescribed premises together with goods, but does not include any lease arising under an attornment clause in a mortgage;

“‘lessor’ and ‘lessee’ mean the parties to a lease, or their respective successors in title, and include—

(a) a mesne lessor and a mesne lessee; and

(b) a sub-lessor and a sub-lessee, respectively;”,

 

* Notified in the Commonwealth Gazette on , 1942.

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

4823.—Price 3d. 25/3.7.1942.

 

Constitution of Fair Rents Boards.

2. Regulation 6 of the National Security (Landlord and Tenant) Regulations is amended by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—

“(6.) The Governor-in-Council of a State may make rules for regulating the procedure of Fair Rents Boards in that State and the Minister may make rules for regulating the procedure of Fair Rents Boards in any Territory.”.

Application for determination of fair rent.

3. Regulation 9 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-regulation (1.) the word “tendered” and inserting in its stead the words “or made a bona fide offer, either to the landlord personally or to the person to whom the rent is ordinarily paid, to pay”.

Effect of determination.

4. Regulation 13 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-regulation (2.) all the words from and including the words “During such period” to and including the words specified in the determination” and inserting in their stead the words “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”.

Restrictions on eviction of lessee.

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

(a) by omitting paragraph (a) of sub-regulation (2.) and inserting in its stead the following paragraphs:—

“(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;

“(aa) 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;”;

(b) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(2a.) Nothing in the last preceding sub-regulation shall require the giving of notice to quit for a period exceeding ninety-one days.

“(3.) 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.”;

(c) by inserting after sub-regulation (6.) the following sub-regulation:—

“(6a.) In any State or Territory in which a Fair Rents Board is constituted or continued in existence under these Regulations the Board may, on the hearing of any application referred to in sub-regulation (5.) of this regulation, have regard to the rent payable in respect of the prescribed premises and may, if it thinks fit, exercise, with respect to the prescribed premises, the powers conferred by regulation 12 of these Regulations as the case may be, without giving notice as required by that regulation.”;

(d)by inserting after sub-regulation (12.) the following sub-regulation:—

“(12a.) A transaction entered into in contravention of sub-regulation (11.) 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.”; and

(e) by omitting sub-regulation (14.) and inserting in its stead the following sub-regulation:—

“(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 ground specified in paragraph (f), (g) or (h)of sub-regulation (2.) of this regulation, unless the Board making the order is satisfied that suitable accommodation in lieu of the prescribed premises is immediately available for the occupation of the person occupying the prescribed premises.”.

(2.) 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 (Land lord 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 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.

 

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