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

STATUTORY RULES.

1941. No. 286.

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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 third day of December, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

E.J. WARD

for and on behalf of Minister of State for Defence Co-ordination.

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

Effect of determination of fair rent.

1. Regulation 11 of the National Security (Landlord and Tenant) Regulations is amended by inserting in the proviso to sub-regulation (1.), after the word “Board”, the word “as”.

Restrictions on eviction of lessee.

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

(a) by omitting from paragraph (a) of sub-regulation (5.) the word “an” and inserting in its stead the word “the”;

(b) by omitting from sub-regulation (5.) the word “and” (second occurring);

(c) by omitting from sub-regulation (5.) the word “under” and inserting in its stead the word “in”;

(d) by inserting in sub-paragraph (iii) of paragraph (a)of sub-regulation (6.), after the word “possession”, the words “or for ejectment”;

* Notified in the Commonwealth Gazette on 4th December, 1941.

  Statutory Rules 1941, No. 275.

7793.—Price 3d.

 

(e) by omitting sub-paragraph (7.) and inserting in its stead the following sub-paragraph:—

“(7.) Notwithstanding any provision of the law of any State or Territory or of the National Security (Fair Rents) Regulations—

(a) the hearing of any application (other than an application under this regulation) by any court of a State or Territory for the recovery by the lessor of any prescribed premises (or of any goods leased therewith) or for the ejectment of the tenant therefrom shall, by force of this regulation, be stayed; and

(b) no order (other than an order made under this regulation) for the recovery by the lessor of any prescribed premises (or of any goods leased therewith) or for the ejectment of the tenant therefrom shall be enforceable.”; and

(f) by adding at the end thereof the following sub-regulation:—

“(13.) Where an order under sub-regulation (2.) of regulation 6 of these Regulations is in force in relation to any State or Territory, the provisions of this regulation shall apply, in that State or Territory, only with respect to the prescribed premises, or limited class of prescribed premises, referred to in the order.”.

Enforcement of orders.

3. Regulation 16 of the National Security (Landlord and Tenant) Regulations is amended by adding at the end thereof the words “, and any such order made by a court by virtue of sub-regulation (3.) of regulation 3 of these Regulations may be enforced in the same manner as if it had been made by that court otherwise than by virtue of that sub-regulation.”.

 

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