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

STATUTORY RULES.

1946. No. 98.

_______

REGULATIONS UNDER THE NATIONAL SECURI\TY 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 twelfth day of June, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

H. P. LAZZARINI

for and on behalf of the Minister of

State for Defence.

_____

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

Application of Regulations.

1.Regulation 7 of the National Security (Landlord and Tenant) Regulations is amended—

(a) by inserting in sub-regulation (2.), after the figures “IV.”, the—words “and regulation 11,”;

(b) by inserting in sub-regulation (3.), after the word “Regulations” (first occurring), the words “(other than regulation 11)”; and

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

“(5.) The Minister may, by order published in the Gazette, declare that any premises, or the premises included in any class of premises, shall be excluded from the operation of these Regulations or of such of the provisions of these Regulations as are specified in the order, and thereupon those premises, or premises of that class, shall be excluded accordingly”.

Rent of prescribed premises.

2.Regulation 15 of the National Security (Landlord and Tenant) Regulations is amended by inserting in sub-regulation (4.), after the word “notwithstanding”, the words “any alterations, additions, repairs or renovations to the prescribed promises (whether structural or otherwise) or”.

 

* Notified in the Commonwealth Gazette on 18th June, 1946.

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

2832.—Price 3d.

Appeal from determination.

3.Regulation 26 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-regulation (1.) the word “seven” and inserting in its stead the word “fourteen”.

Effect of determination.

4.Regulation 31 of the National Security (Landlord and Tenant) Regulations is amended by inserting in sub-regulation (1.), after the word “notwithstanding”, the words “any alterations, additions, repairs or renovations to the prescribed premises (whether structural or otherwise) or”.

Certain payments prohibited.

5.Regulation 33 of the National Security (Landlord and Tenant) Regulations is amended by omitting from paragraph (a) of sub-regulation (1.) the words “a dwelling-house or, except with the consent of a Fair Rents Board, any other prescribed premises” and inserting in their stead the words “any prescribed premises (including any dwelling house), except with the consent of a Fair Rents Board or in pursuance of a term of a transaction which has been consented to by the Treasurer or his delegate in pursuance of the National Security (Economic Organization) Regulations”.

Records of rent.

6.Regulation 51 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-regulation (2.) all the words commencing with the words “make the record” to the end of the sub-regulation and inserting in their stead the words “, when requested by any tenant of the prescribed premises or by an authorized officer so to do, make the record available, within fourteen days after such request, for inspection by that tenant or authorized officer, as the case may be.”.

Period of notice to quit.

7.Regulation 59 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (2.) the word, symbols and letter “or (c)” and inserting in their stead the symbols, letters and word “(e ) or (f)”.

Power to stay proceedings or orders.

8.Regulation 64 of the National Security (Landlord and Tenant) Regulations is amended by adding at the end thereof the following paragraph:—

“or (c) where a warrant of execution has been issued, and whether the warrant has expired or not, from time to time extend the period stated in the warrant for the execution thereof—

(i) if the court is satisfied that, because of the illness of the lessee or for other sufficient cause, it is or has been impracticable for the officer to whom the warrant is directed to execute the warrant within the period stated therein—for such period as it thinks fit; or

(ii) if the court is not so satisfied—for a period not exceeding seven days from the date on which the extension is granted”.

9.After regulation 64 of the National Security (Landlord and Tenant) Regulations the following regulation is inserted:—

Certain applications to operate as stay of execution.

“64a.—(1.) An application to stay or suspend the execution of, or to vary, discharge or rescind, any judgment or order referred to in the last preceding regulation, or to postpone the date for recovery of possession or for ejectment specified in any such judgment or order, shall, when filed with the proper officer of the court, stay the execution of any warrant and operate to postpone the date for recovery of possession of the prescribed premises or for the ejectment of the lessee until the court has heard the application.

“(2.) Notwithstanding anything contained in paragraph (c) of the last preceding regulation, the court may, on the hearing of any such application, extend for such period as it thinks fit the period stated in any warrant for the execution thereof (whether the warrant has expired or not).

“(3.) Where, in respect of any proceedings referred to in regulation 63 of these Regulations, the court has refused to grant an application of any of the kinds referred to in sub-regulation (1.) of this regulation, no further application of any of those kinds shall be made in respect of those proceedings except with the leave of the court.”

Protection of sub-tenants.

10.Regulation 73 of the National Security (Landlord and Tenant) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(2.) Where, prior to the lessor of any prescribed premises giving notice to quit to the lessee upon any of the grounds specified in sub-regulation (5.) of regulation 58 of these Regulations, the lessee of the prescribed premises has sub-let the whole or any part thereof—

(a) the lessee shall, upon service of the notice to quit, forthwith notify the lessor in writing of the name and address of each person to whom he has so sub-let and who is a sub-lessee of the prescribed premises or any part thereof at the date of service of the notice to quit;

(b) the lessor shall, upon taking proceedings for the recovery of possession of the prescribed premises or for the ejectment of the lessee therefrom, file the notice given to him under this regulation with the proper officer of the court in which the proceedings arc taken; and

(c) the proper officer of the court shall thereupon give notice by registered post to each person specified in the notice, at the address so specified, of the date of hearing of the proceedings by the court.

“(3.) On the hearing of any proceedings by a lessor for an order for the recovery of possession of any prescribed premises or for the ejectment of the lessee therefrom, every person who is a sub-lessee of such promises or any part thereof shall be entitled to be heard”.

Information to be furnished on request.

11.Regulation 83 of the National Security (Landlord and Tenant) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(4.) A person shall be deemed to have failed to furnish information required of him under this regulation if he does not furnish the information—

(a) in the case of a requirement in writing—within fourteen days after receipt by him of the requirement; or

(b)in the case of an oral requirement—within fourteen days after the day upon which the requirement is made.

“(5.) A requirement under this regulation may be served by post on the person on whom it is made at his last-known place of abode or business.”.

____________________

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