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

STATUTORY RULES

1946. No. 185.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1946.*

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 1939–1946.

Dated this eighteenth day of December, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

NELSON LEMMON

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

 

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

1. After regulation 7 of the National Security (Landlord and Tenant) Regulations the following regulation is inserted:—

Holiday premises.

“7a.—(1.) Where any prescribed premises are not holiday premises by reason only of the fact that they have at some time subsequent to the first day of March, 1945, been leased to or occupied by a lessee for a continuous period exceeding three months, the owner or lessor of these prescribed premises may make application in writing to the Controller to exclude the premises from the operation if these Regulations.

“(2.) The applicant shall furnish such information in relation to the application as the Controller requires.

“(3.) The Controller, in his discretion, may, either unconditionally or subject to such conditions as he thinks fit, issue a certificate excluding the premises from the operation of these Regulations, or of such of these Regulations as are specified in the certificate, for such period as is so specified and the premises shall, so long as the certificate remains in force, but subject to any variation thereof, be excluded accordingly.

* Notified in the Commonwealth Gazette on 19th December, 1946.

  Statutory Rules 1945, No. 97, as amended by Statutory Rules 1945, No. 155, and 1946, Nos. 4, 48 and 98.

4764.—Price 3d.

“(4.) The Controller may at any time revoke or vary any certificate issued under the last preceding sub-regulation.".

Definitions.

2. Regulation 8 of the National Security (Landlord and Tenant) Regulations is amended—

(a) by inserting in sub-regulation (1.) after the definition of “Fair Rents Board” or “Board”, the following definition:—

“‘holiday premises’ means any premises which—

(a) during the period commencing on the first day of March, 1945 and ending on the sixteenth day of December 1946, have ordinarily been leased for holiday purposes only;

(b) have not at any time during that period been leased to or occupied by any lessee for a continuous period exceeding three months; and

(c) are not, on the sixteenth day of December,1946, leased for purposes other than holiday purposes,

but does not include any such premises which at any time after that date—

(d) are leased for purposes other than holiday purposes; or

(e) are leased to or occupied by any lessee for a continuous period exceeding three months;”;

(b) by omitting from paragraph (c) of the definition of “lessor” and “lessee” in that sub-regulation the words “mortgage or” and inserting in their stead the word “mortgagor”;

(c) by omitting from paragraph (a) of the definition of “prescribed premises” in that sub-regulation the word “and”; and

(d) by inserting in that sub-regulation, after paragraph (a) of the definition of “prescribed premises”, the following paragraph:—

“(aa) holiday premises; and”.

Determination of rent of shared accommodation.

3. Regulation 25 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-regulation (6.) the words “is received” and inserting in their stead the words “was received”.

Premises leased for holiday purposes only.

4. Regulation 37a of the National Security (Landlord and Tenant) Regulations is amended by omitting the words “any premises ordinarily leased for holiday purposes only” and inserting in their stead the words “holiday premises”.

 

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