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

STATUTORY RULES.

1945. No. 155.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1943.*

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 1939–1943.

Dated this twelfth day of October, 1945.

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.  

Administration.

1. Regulation 3 of the National Security (Landlord and Tenant) Regulations is amended by omitting the words “Trade and Customs” and inserting in their stead the words “Works and Housing”.

States to be bound.

2. Regulation 6 of the National Security (Landlord and Tenant) Regulations is repealed.

Application of Regulations.

3. Regulation 7 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-regulation (4.) the words and figures “sub-regulation (3.) of regulation 15” and inserting in their stead the word, figures and letter “regulation 15b”.

4. Regulation 15 of the National Security (Landlord and Tenant) Regulations is repealed and the following regulations inserted in its stead:—

Rent of prescribed premises.

“15.—(1.) Except in the case of premises which were not in existence or were not leased on the prescribed date—

(a) the rent payable in respect of any prescribed premises (or in respect of goods leased with prescribed premises) in any part of the Commonwealth other than the State of

* Notified in the Commonwealth Gazette on 16th October, 1945.

  Statutory Rules 1945, No. 97.

5495.—Price 3d.

South Australia or the State of Western Australia shall not, in respect of any period after the commencement of this regulation and notwithstanding any term or covenant in any lease in force at any time after the commencement of this regulation, exceed the rent payable in respect of the prescribed premises (or in respect of the goods leased with the prescribed premises) at the prescribed date; and

(b) the rent payable in respect of any prescribed premises (or in respect of goods leased with prescribed premises) in the State of South Australia or the State of Western Australia shall not, in respect of any period after the date of publication in the Gazette of any order under sub-regulation (3.) of regulation 7 of these Regulations in respect of the State in which the prescribed premises are situated and notwithstanding any term or covenant in any lease in force at any time after that date, exceed the rent payable in respect of the prescribed premises (or in respect of the goods leased with the prescribed premises) at the prescribed date.

“(2.) The rent payable in respect of any prescribed premises in any part of the Commonwealth other than the State of South Australia or the State of Western Australia which were not in existence, or were not leased, on the prescribed date but were leased on the first day of March, 1945, (or in respect of goods leased with any such premises) shall not, in respect of any period after the commencement of this regulation, and notwithstanding any term or covenant in any lease in force at any time after the commencement of this regulation, exceed the rent actually paid in respect of the prescribed premises (or in respect of the goods leased with the prescribed premises) at the first day of March, 1945.

“(3.) Nothing in this regulation shall affect the operation of any determination.

“(4.) Until any rent fixed by virtue of sub-regulation (1.) or (2.) of this regulation is increased or decreased by a determination, the rent so fixed shall be the fair rent of the prescribed premises (or of the goods leased with the prescribed premises) in respect of which it is so fixed, notwithstanding any change of ownership or tenancy or in the nature or value of the services supplied by the lessor or in the goods leased with the premises.

Lessors may be required to furnish Statutory Declarations as to rent.

“15a.—(1.) Where the rent of any prescribed premises (or of any goods, leased with the prescribed premises) is fixed by virtue of sub-regulation (1.) or (2.) of the last preceding regulation, the lessee may, if the lessor of the premises was the lessor on the prescribed date, or on the first day of March, 1945, as the case may be, by notice require the lessor to furnish him with a statutory declaration as to the rent of the prescribed premises (or of the goods leased with the prescribed premises) on that date, and the lessor shall furnish a statutory declaration accordingly within seven days after the receipt by him of the notice.

 

“(2.) Notice to the agent of the lessor shall be sufficient notice to the lessor.

“(3.) Where any lessor is a body (whether corporate or unincorporate), any declaration which that lessor is required to furnish under sub-regulation (1.) of this regulation shall be made by some officer or member of the body having knowledge of the facts.

Application of Division.

“15b. Where in any State or Territory the powers conferred by these Regulations on the Controller or Fair Rents Board may be exercised in relation to certain prescribed premises (including goods leased therewith) only, or to a limited class of prescribed premises (including goods leased therewith) only, the provisions of this Division shall apply, in that State or Territory, to those prescribed premises, and to goods leased therewith, only or to that limited class of prescribed premises, and to goods leased therewith, only.”.

 

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