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

STATUTORY RULES.

1942. No. 412.

 

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 twenty-ninth day of September, 1942.

(Sgd.) GOWRIE

Governor-General.

By His Excellency’s Command,

R V Keane

for and behalf of the

Minister or State for Defence.

 

AMENDMENTS OF THE NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS. 

Definitions.

1. Regulation 4 of the National Security (Landlord and Tenant) Regulations is amended by inserting in the definition of “prescribed premises”, after the word “farm” (second occurring), the words “and any premises, or the premises included in any class of premises, declared by the Minister, by order published in the Gazette, to be excluded from the operation of these Regulations”.

Application for determination of fair rent.

2. Regulation 9 of the National Security (Landlord and Tenant) Regulations is amended by inserting before paragraph (a) of sub-regulation (8.) the following paragraphs:-

“(aa) the justice and merits of the case and the circumstances and conduct of the parties;

“(ab) any hardship which would becaused to the lessor or lessee or any other person by the making of a determination increasing or reducing the rent of the premises, or of the premises together with goods leased therewith, including (but without limiting the generality of the word ‘hardship’) any loss which might be imposed upon the lessor bya determination of the rent or the premises at amount less than the lessor’s liability under a mortgage of, or contract of sale respect of, the premises,or under a hire purchase agreement or contract of sale in respect of any goods leased with the premises;”.

 

* 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, 74 and 112.

 

Effect of determination.

3. Regulation 13 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-regulation (2.) the word “three” and inserting in its stead the word “seven”.

Representation by agent etc.

4. Regulation 25 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 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

(c) one of the parties to the proceedings is a barrister or solicitor.”.