National Security (Landlord and Tenant) Regulations (Cth)

STATUTORY RULES.

1941. No. 275.

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-eighth day of November, 1941.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

 

National Security (Landlord and Tenant) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Landlord and Tenant) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Trade and Customs.

Application of Regulations.

3.—(1.) These Regulations shall not apply in any Territory not forming part of the Commonwealth.

(2.) The provisions of these Regulations relating to the termination of tenancies, the recovery of the possession of premises and the ejectment of tenants from premises, and any provisions incidental to those provisions, shall apply in each State and in each Territory forming part of the Commonwealth.

(3.) The powers and functions of Fair Rents Boards under the provisions referred to in the last preceding sub-regulation may be exercised in any State or Territory forming part of the Commonwealth in respect of which an order has not been made under the next succeeding sub-regulation—

(a) in any such State or Territory in which a Fair Rents Board is constituted under the National Security (Fair Rents) Regulations—by a Fair Rents Board; and

 

*Notified in the Commonwealth Gazette on , 1941.

7353.—15/27.11.1941.—Price 8d.

 

(b) in any other such State or Territory—by any court which, but for these Regulations, would have been authorized to exercise powers and functions of a like kind to those exerciseable by Fair Rents Boards under those provisions.

(4.) Where the Minister is satisfied in respect of any State or Territory forming part of the Commonwealth that the law in force in that State or Territory does not sufficiently carry out the objects of these Regulations, the Minister may, by order published in the Gazette, declare that the provisions of these Regulations which are not otherwise in force in that State or Territory shall apply in that State or Territory and thereupon those provisions shall, so long as the order continues in force, apply accordingly, but shall not otherwise so apply.

(5.) Where the Minister makes any such order in respect of a State or Territory in which, at the date of the publication of the order in the Gazette, a Fair Rents Board is constituted under the National Security (Fair Rents) Regulations—

(a) every Fair Rents Board constituted under those Regulations shall continue in existence as if constituted under these Regulations but may be abolished in accordance with these Regulations;

(b) all rules for regulating the procedure of Fair Rents Boards made under those Regulations and in force at the date of the order shall continue in force as if made under these Regulations, but may be varied or revoked by rules made under these Regulations;

(c) all determinations of fair rents made or continued in force under those Regulations and in force at the date of the order shall continue in force as if made under these Regulations, but may be varied in accordance with these Regulations, and any reference in these Regulations to a determination shall include a reference to a determination so continued in force; and

(d) all pending applications to, and other pending proceedings before, a Fair Rents Board under those Regulations may be continued before, and may be determined by, that Board in accordance with these Regulations.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“application” means an application to a Fair Rents Board under these Regulations;

“determination” means the determination of the fair rent of any prescribed premises, or of any goods leased therewith, made in pursuance of these Regulations;

“dwelling-house” means any premises leased wholly or in part for the purposes of residence, and includes—

(a) the premises of any lodging-house or boarding-house; and

(b) any part of premises which is leased separately for the purposes of residence,

but does not include any premises licensed for the sale of spirituous or fermented liquors;

 

“Fair Rents Board” or “Board” means a Fair Rents Board constituted or continued in existence under these Regulations;

“lease” includes every contract for the letting of any prescribed premises, whether the contract is made orally, in writing or by deed, and includes a contract for the letting of prescribed premises together with goods;

“lessor” and “lessee” mean the parties to a lease, and include—

(a) a mesne lessor and a mesne lessee; and

(b) a sub-lessor and sub-lessee,

respectively;

“prescribed premises” means any premises (other than premises ordinarily leased for holiday purposes only and the premises of any grazing area, farm, orchard, market garden or dairy farm) and includes any land or appurtenances leased with any premises;

“rates” includes any rates or charges made or levied by any local authority or other local governing body, including any municipal or city council and water or sewerage authority;

“rent” means the actual rent payable under a lease, and includes—

(a) the value to the lessor of any covenants, conditions or other provisions of, or relating to, the lease to be performed by the lessee other than covenants, conditions and provisions usually entered into by a lessee; and

(b) any rates or taxes payable by a lessee in respect of any prescribed premises other than excess water rates,

and where, in any lease—

(c) it is provided that a reduced amount, as rent, shall be accepted by the lessor upon any condition to be performed by the lessee, that reduced amount shall be deemed to be the rent payable under the lease; and

(d) any rebate, discount, allowance or other reduction is provided for, the amount payable after each such reduction is made shall be deemed to be the rent payable under the lease;

“tax” includes any tax, whether on land or on income derived from land, imposed by any Act, State Act or law of a Territory;

“Territory” means Territory of the Commonwealth.

Rent of prescribed premises.

5.—(1.) Notwithstanding any term or covenant in any lease in force at any time after the commencement of these Regulations, the rent payable by the lessee of any prescribed premises (or of prescribed premises together with goods) in respect of any period after the date of the publication in the Gazette of the order made under sub-regulation (4.) of regulation 3 of these Regulations in respect of the State or Territory in which the prescribed premises are situated shall not exceed—

(a) the rent payable in respect thereof at the prescribed date; or

 

(b) if the premises were not in existence on that date or were not leased on that date—the rent fixed by a determination.

(2.) Where the rent of any prescribed premises (or of any prescribed premises together with goods) is fixed by virtue of paragraph (a) of the last preceding sub-regulation, the tenant may, if the lessor thereof was the lessor on the prescribed date, by notice require the lessor to furnish him with a statutory declaration as to the rent thereof on that date, and the lessor shall furnish a statutory declaration accordingly.

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

(4.) Where any lessor is a body (whether corporate or unincorporate) any declaration which that lessor is required to furnish under sub-regulation (2.) of this regulation shall be made by some officer or member thereof having knowledge of the fact.

(5.) Where the powers conferred by these Regulations on Fair Rents Boards 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 regulation shall apply in relation to those prescribed premises (including goods leased therewith) only, or to that limited class of prescribed premises (including goods leased therewith) only, in that State or Territory.

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

(7.) Until any rent fixed by virtue of paragraph (a) of sub-regulation (1.) 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 prescribed premises together with goods) in respect of which it is so fixed.

(8.) In these regulations “the prescribed date”, in relation to any prescribed premises, means such date as the Minister, by order published in the Gazette, fixes as the prescribed date in respect of the State or Territory in which the prescribed premises are situated.

Constitution of Fair Rents Boards.

6.—(1.) The Minister may, for the purposes of these Regulations, constitute Fair Rents Boards at such places as he thinks fit.

(2.) Each Fair Rents Board shall have such powers as are conferred upon it by these Regulations, and may exercise those powers—

(a) in relation to all prescribed premises (including goods leased therewith); or

(b) where the Minister, by order published in the Gazette, declares that it is desirable that the powers of Boards shall be exercisable with respect to certain prescribed premises only, or with respect to a limited class of prescribed promises only—in relation to those prescribed premises (including goods leased therewith) only or to that limited class of prescribed premises (including goods leased therewith) only.

(3.) Any order under the last preceding sub-regulation may be expressed to apply only in relation to a State or Territory specified therein.

 

(4.) Each Fair Rents Board shall consist of a Police, Stipendiary or Special Magistrate, and, if the Minister thinks fit, two other persons.

(5.) The member or members of a Fair Rents Board shall be appointed by the Minister and shall hold office during his pleasure.

(6.) The Minister may make rules for regulating the procedure of Fair Rents Boards.

Abolition of Fair Rents Boards.

7.—(1.) The Minister may abolish any Fair Rents Board.

(2.) Where a Fair Rents Board is abolished, the Minister may, by order, make provision for the transfer of pending applications to, and other pending proceedings before, the Board to some other Fair Rents Board, and any pending applications and other pending proceedings so transferred may be determined by the Board to which they are transferred.

Exercise of powers of Board.

8. Where a Fair Rents Board consists of three persons—

(a) the Magistrate shall be the Chairman of the Board;

(b) for the purpose of the exercise of its powers and functions, the Chairman and one other member of the Board shall form a quorum; and

(c) subject to the last preceding paragraph, the powers and functions of the Board may be exercised notwithstanding any vacancy in the membership of the Board.

Application for determination of fair rent.

9.—(1.) The lessor or a lessee who has paid or tendered all rent due and payable under the lease up to a date not earlier than twenty-eight days before the date of the application, of any prescribed premises (not being prescribed premises in relation to which a Fair Rents Board is not authorized to exercise the powers conferred by these Regulations), or the owner of any such premises which are vacant may apply to the Fair Rents Board nearest to the prescribed premises or to any other Fair Rents Board if that other Board is satisfied that hardship will not be occasioned thereby to any party to the application, to have the fair rent of the prescribed premises determined by the Board.

(2.) The applicant shall give at least seven days’ notice of the application to the lessor or lessee (if any), as the case may be.

(3.) A notice required to be given to a lessor under the last preceding sub-regulation shall be deemed to have been duly given if it is served upon the person to whom the rent of the prescribed premises in respect of which the application is made is ordinarily paid.

(4.) Where any prescribed premises in respect of which an application is made are the subject of a mortgage, the lessor shall give notice of the application to the mortgagee, who shall be entitled to be a party to the application.

(5.) The Board shall hear the application and determine the fair rent of the prescribed premises.

(6.) On the hearing of the application, the Board shall make a thorough investigation without regard to legal forms or solemnities, and shall not be bound by any rules of evidence, but may inform itself in such manner as it thinks fit.

(7.) The determination shall not increase the fair rent of any dwelling-house by such an amount that the annual rental thereof would be increased by more than six per centum of the sum which the

 

Board is satisfied was necessarily expended by the lessor since the prescribed date, or since the date of the last determination of the fair rent of the dwelling-house, whichever is the later, upon the improvement or structural alteration of the dwelling-house (but not including decoration, maintenance or repairs):

Provided that where the Board is of opinion, having regard to the matters specified in sub-regulation (8.) of this regulation, that the rent as at the prescribed date is insufficient, the determination may increase the fair rent (in addition to any other amount by which it is increased under this sub-regulation) by an amount not exceeding the amount which the Board is of the opinion is the amount of the insufficiency:

Provided further that the determination may increase the fair rent if the Board is satisfied that, by reason of an error or omission, an injustice has been occasioned by the last determination.

(8.) Subject to the last preceding sub-regulation, in determining the fair rent the Board shall have regard to—

(a) the capital value of the premises;

(b) the annual rates and taxes and insurance premiums paid in respect of the premises;

(c) the estimated annual cost of repairs, maintenance and renewals of the premises and fixtures thereon;

(d) the estimated amount of annual depreciation in the value of the premises and the estimated time per annum during which the premises may be vacant;

(e) the rents of comparable premises in the locality of the premises the subject of the application;

(f) the rate of interest charged upon overdrafts by the Commonwealth Bank of Australia; and

(g) any services provided by the lessor or lessee in connexion with the lease.

(9.) Where any fair rent has been determined in pursuance of this regulation, it shall, until varied in pursuance of these Regulations, be the fair rent of the premises in respect of which it is fixed.

Lease of prescribed premises together with goods.

10.—(1.) An application under the last preceding regulation may be made for the determination of the fair rent under a lease of prescribed premises together with goods, and in that event any reference in sub-regulation (8.) of that regulation to premises shall, so far as applicable, include a reference to those goods.

(2.) On the hearing of the application, the Board shall determine the fair rent of the prescribed premises irrespective of the goods and may also, in its discretion, determine the fair rent of the goods.

Effect of determination of fair rent.

11.—(l.) The fair rent of any prescribed premises shall be the rent thereof (and, where any determination is made in respect of the rent of goods leased therewith, of the goods so leased) as from a date to be fixed by the Board, not being earlier than the date of the application, or, if the Board determines the fair rent at an amount exceeding the rent payable under the lease at the date of the application, not earlier than the date of the expiration of fourteen days after the date of the determination;

 

Provided that with respect to prescribed premises specified in paragraph (b) of sub-regulation (1.) of regulation 5 of these Regulations the fair rent of the premises (and where the rent of goods leased with the premises is determined, of the goods so leased) may be determined by the Board from and including the date of the publication in the Gazette of the order made under sub-regulation (4.) of regulation 3 of these Regulations in respect of the State or Territory in which the prescribed premises are situated.

(2.) Where any prescribed premises are occupied by two or more lessees or by a lessee or lessees and the lessor, the Board shall determine the fair rent of the whole, and then determine the proportion thereof which it deems to be a fair rent of the portion of the prescribed premises of the lessee making the application, or, in the case, of an application by the lessor, of the portions of the prescribed premises separately occupied by the respective lessees.

Boards may determine fair rents of their own motion

12.—(1.) The Fair Rents Board nearest to any prescribed premises (not being prescribed premises in relation to which a Fair Rents Board is not authorized to exercise the powers conferred by these Regulations) may, of its own motion, after inquiry, determine the fair rent of the premises and of any goods leased therewith.

(2.) The Board shall give notice of its intention to hold an inquiry as to the fair rent of any premises (including goods leased therewith) to the lessor and to the lessee of the premises and the notice shall, for the purposes of sub-regulation (1.) of the last preceding regulation, be deemed to be an application.

(3.) The notice to the lessor may be given in the manner provided by sub-regulation (3.) of regulation 9 of these Regulations and, if the premises are the subject of a mortgage the lessor shall give notice as prescribed by sub-regulation (4.) of that regulation.

(4.) At the inquiry, the Board shall have the same powers as the Board has on the hearing of an application and any determination made by the Board shall have the same effect for all purposes as a determination made upon an application.

Effect of determination.

13.—(1.) A determination shall apply to any lease of the prescribed premises (or portion thereof to which the determination relates) or, where a determination is made in respect of prescribed premises and of goods leased therewith, to any lease of those premises together with those goods, for the time being subsisting, and to the lessor and lessee thereof, notwithstanding any change of ownership or tenancy.

(2.) During such period (commencing with the date of the determination and being not less than three months nor more than twelve months) as is specified in the determination, an application shall not be made to vary the determination, or to determine the fair rent of the prescribed premises (or portion thereof to which the determination relates) or goods leased therewith, except on the ground that—

(a) by an error or omission, an injustice has been occasioned by the determination;

(b) substantial alterations or additions have been made to the premises since the determination was made; or

(c) the value of the premises has materially decreased since the determination was made.

 

(3.) For the purposes of this regulation—

(a) the period specified in a determination made under the National Security (Fair Rents) Regulations as the period for which the determination shall remain in force shall be deemed to be the period referred to in the last preceding sub-regulation; and

(b) if, after the date of the publication in the Gazette of the order made under sub-regulation (4.) of regulation 3 of these Regulations in respect of the State or Territory in which the prescribed premises are situated, such a determination has ceased to be in force and was not replaced by a new determination, it shall be in force as if made under these Regulations.

(4.) The rent payable by the lessee of any prescribed premises shall not exceed the fair rent thereof determined by the Board, notwithstanding any term or covenant in any lease in force at the time of the application or at any time thereafter.

Premises not to be let at rent exceeding fair rent, overpayments may be recovered, &c.

14. Where the fair rent of any prescribed premises (including the fair rent of any goods leased therewith) is fixed by these Regulations or by a determination—

(a) a person shall not—

(i) let the premises, or goods leased therewith, at a rent exceeding the fair rent thereof; or

(ii) knowingly demand, receive or pay any sum as rent exceeding the fair rent thereof;

(b) the legal remedies for the enforcement of any covenant or agreement—

(i) to pay rent for the premises, or goods leased there with, exceeding the fair rent thereof; or

(ii) which, directly or indirectly, would secure to any person the payment of rent or of money in respect of the occupation of the premises, or of the use of the goods leased therewith, so that the amount received by the person would exceed the fair rent thereof,

shall be limited to the enforcement of payment of the fair rent thereof; and

(c) any sum paid as rent for, or in respect of the occupation of, the premises, or for the use of the goods leased therewith, exceeding the fair rent thereof, shall be recoverable in an action for debt in any court of competent jurisdiction by the lessee from the lessor to whom it was paid.

Restrictions on eviction of lessee.

15.—(1.) Subject to this regulation, the lessor of any prescribed premises shall not give any notice or take or continue any proceeding to terminate the tenancy or to recover possession of the premises or for the ejectment of the tenant therefrom.

(2.) Subject to the succeeding sub-regulations of this regulation, an application may be made by a lessor to a Fair Rents Board for an order for the recovery by him of any prescribed premises (or of any goods leased therewith) or for the ejectment of the tenant therefrom if the lessor, before taking such proceedings, has given to the lessee notice, to quit

 

for a period not less than a period calculated by allowing seven days for each completed period of six months of tenancy and adding thereto seven days, and that period of notice has expired, upon one or more of the following grounds but upon no other ground:—

(a) That the lessee has failed to pay the rent for at least twenty-eight days or to perform any other term or condition of the lease and the performance of that other term or condition has not been waived or excused by the lessor;

(b) That the lessee has failed to take reasonable care of the premises, or of any goods leased therewith, or has committed waste;

(c) That the lessee has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers;

(d) That the lessee has been convicted of any offence arising out of the use of the premises for any immoral or illegal purpose;

(e) That the lessee has given notice of his intention to vacate the premises and in consequence of that notice the lessor has agreed to sell or let the premises or has taken any other steps as a result of which he would, in the opinion of the Board, be seriously prejudiced if he could not obtain possession;

(f) That, the premises are reasonably required by the lessor for his personal occupation;

(g) That the lessor has agreed to sell the premises by an agreement which requires the purchaser to pay not less than one-fourth of the whole purchase money within twelve months from the date thereof and by which the purchaser is entitled to vacant possession of the premises and the premises are reasonably required by the purchaser for his personal occupation; or

(h) That the premises are reasonably required by the lessor for reconstruction or demolition.

(3.) A notice to quit upon any ground specified in paragraphs (e), (f) and (g) of the last preceding sub-regulation shall not be given, after the lessee has made an application for a determination, until after the expiration of a period of six months after the making of a determination thereon.

(4.) A notice to quit shall specify the ground relied upon and shall give the particulars thereof and, in the proceedings, the lessor shall not be entitled to rely upon any ground not so specified.

(5.) At the hearing of any application by a lessor for an order for the recovery of possession of any prescribed premises or for the ejectment of the tenant therefrom (whether the application was commenced before or after the commencement of these Regulations), the Board shall take into consideration, in addition to all other relevant matters—

(a) any hardship which would be caused to the lessee or any other person by the granting of an application; or

 

(b) any hardship which would be caused to the lessor or any other person by the refusal of the application,

and may, in its discretion, grant the application or may, and on such conditions (if any) as it thinks fit, refuse the application, notwithstanding that one or more of the grounds specified under sub-regulation (2.) of this regulation has been established.

(6.) In respect of any application referred to in the last preceding sub-regulation, the Board may—

(a) subject to such conditions (if any) and for such period as it thinks fit—

(i) adjourn the proceedings;

(ii) stay or suspend the execution of any judgment or order which has been made or given in the proceedings; or

(iii) postpone the date for the recovery of possession specified in any such judgment or order; or

(b) subject to such conditions (if any) as it thinks fit, discharge or rescind any such judgment or order.

(7.) Notwithstanding any provision of the law of any State or Territory or of the repealed Regulations—

(a) the hearing of any application (whether commenced before or after the commencement of these Regulations) 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 for the ejectment of a lessee from any prescribed premises (whether the order was made before or after the commencement of these Regulations) shall be enforceable.

(8.) On the application of a lessor by whom an application of the kind referred to in paragraph (a) of the last preceding sub-regulation was made to any court, a Board may, after reasonable notice has been given to the lessee, exercise, in respect of the latter application or any order made thereon, any of the powers conferred by sub-regulations (5.) and (6.) of this regulation, and may make such order in relation thereto as it could have made if the application had been an application to the Board, or the order had been made by the Board, as the case may be.

(9) For the purposes of, but subject to the provisions of, this regulation, the Board to which any application is made in pursuance of this regulation shall have all the powers possessed by a court of summary jurisdiction in the State or Territory within which the Board is sitting, but any decision of the Board made in pursuance of this regulation shall be final and without appeal and no writ of mandamus, prohibition or certiorari shall lie in respect of any application to the Board under this regulation or of any decision thereon.

(10.) Whore a lessor has obtained an order for the recovery of possession of any prescribed premises or for the ejectment therefrom

 

of a tenant which is subsequently proved to have been obtained by misrepresentation or the concealment of material facts, the court which made the order may order the lessor to pay to the former lessee such sum as appears to the court to be sufficient as compensation for damage or loss sustained by the lessee as the result of the order.

(11.) If an order for the recovery of possession of any prescribed premises or for the ejectment therefrom of a tenant is made on any ground specified in paragraphs (f) and (g) of sub-regulation (2.) of this regulation, the premises shall not be again leased or sold or agreed to be sold until after the expiration of the period of twelve months immediately succeeding the date on which possession was obtained or the ejectment effected or such shorter period (not less than six months) as a Fair Rents Board determines.

(12.) Nothing in the last preceding sub-regulation shall prevent the letting of any room in the prescribed premises which is not reasonably required by the lessor or purchaser, as the case may be, provided that the total rent obtained is not greater than a reasonable rent for the whole of the premises less a reasonable deduction for the portion of the premises not so let.

Enforcement of orders.

16. Any order made by a Board under these Regulations for the recovery of any prescribed premises (or of any goods leased therewith) or for the ejectment of a tenant therefrom may be enforced in the same manner as if the order had been made by a court which, but for these Regulations, would have had jurisdiction to make the order.

Contracting out prohibited.

17. No covenant or agreement (whether entered into before or after the commencement of these Regulations) shall have any force or effect to deprive any lessee of any right, power, privilege or benefit provided for by these Regulations.

Threats and boycotts prohibited.

18.—(1.) A person shall not, by any threat, endeavour to dissuade or prevent a lessor or lessee from making or prosecuting any application under these Regulations.

(2.) The owner of any prescribed premises, and the agent of any such owner, shall not refuse, or procure any person to refuse, to lease the premises to any other person who desires to lease the same unless the reason for that refusal (proof whereof shall lie upon the owner or agent) was other than the fact that that other person had made an application to a Board under these Regulations or the National Security (Fair Rents) Regulations.

(3.) A person shall not do, or procure to be done, any act or thing for the purpose of imposing any detriment or disadvantage upon a lessor or lessee because the lessor or lessee has made an application under these Regulations or the National Security (Fair Rents) Regulations.

Contracts to evade Regulations prohibited.

19.—(1.) A person shall not enter into or make any contract or arrangement, whether orally or in writing, for the purpose of, or which has the effect of, in any way, and whether directly or indirectly, defeating, evading or avoiding, or preventing the operation of, these Regulations in any respect.

 

(2.) A person shall not, whether as principal or agent, or in any other capacity—

(a) require, give or receive, or offer, promise or agree to give or receive, any bonus, premium or sum of money other than rent in consideration of, or in association with—

(i) the grant or acceptance of any lease;

(ii) the renewal of a lease or the continuance of a letting;

(iii) any agreement for a lease or for the renewal of a lease; or

(iv) his consenting to a sub-lease,

of a dwelling-house;

(b) make it a condition of the granting of any lease of a dwelling-house that the lessee shall purchase any goods or effect any improvements or alterations at his own expense; or

(c) pay, give or receive any consideration for obtaining or making available a key of a dwelling-house.

(3.) Any sum paid in contravention of this regulation may be recovered by the person who paid it from the person to whom it was paid in an action for debt in any court of competent jurisdiction or, if the person to whom it was paid is the lessor, may, without prejudice to any other mode of recovery, be deducted by the lessee from any rent payable by him to the lessor within six months after the date of payment.

Refusal to let dwelling-house to applicant with a family prohibited.

20.—(1.) Notwithstanding anything contained in regulation 18 of these Regulations, a person shall not refuse, or procure any person to refuse, to let a dwelling-house to any person on the ground that it is intended that a child shall live in the dwelling-house.

(2.) In any prosecution for an offence arising under this regulation, where it is proved that a person has refused, or procured any person to refuse, to let a dwelling-house to any person, it shall lie upon the first-mentioned person to prove that the refusal was for some reason other than that it was intended that a child should live in the dwelling-house.

(3.) A person shall not—

(a) instruct any other person not to let; or

(b) state his intention, whether by advertisement or otherwise, not to let,

a dwelling-house to any person if it is intended that a child shall live in the dwelling-house.

(4.) A person shall not inquire from any prospective tenant of a dwelling-house whether—

(a) the prospective tenant has any children; or

(b) it is intended that a child shall live in the dwelling-house if it is let to that prospective tenant.

Dwelling-houses not to be let unless in good repair.

21. A person shall not let a dwelling-house which is not, at the date of the letting, in fair and tenantable repair.

Abolition of distress for rent.

22.—(1.) A person shall not levy or make any distress for rent.

(2.) Where, prior to the commencement of this regulation, any person has levied or made any distress for rent, the distress shall not be proceeded with and shall be deemed to be withdrawn.

 

(3.) Nothing in this regulation shall prejudice or affect the right of a person to whom rent is due to recover the rent, and the costs of making any distress which, by virtue of the last preceding sub-regulation, is deemed to be withdrawn, as a debt from the person liable to pay the rent.

Board’s determinations to be final.

23. Every determination of a Board shall be final and without appeal, and no writ of prohibition or certiorari shall lie in respect thereof.

Costs not to be allowed.

24. No costs shall be allowed in any proceedings under these Regulations.

Representation by agent, &c.

25.—(1.) Any person who is a party to any proceedings under these Regulations, or may be affected by the result of any such proceedings, may be represented by an agent, who may examine witnesses and address the Board on that person’s behalf.

(2.) The Attorney-General may, at any stage of any proceedings or application under these Regulations intervene, by counsel or agent, on behalf of the Commonwealth, and may examine witnesses and address the Board.

(3.) The agent shall not, without the consent of all parties or persons affected, or, unless the Attorney-General has intervened by counsel, be a barrister or solicitor, or a clerk of a barrister or solicitor.

Summoning of witnesses and production of documents.

26.—(1.) The Chairman of a Board, or where a Board consists of a Magistrate only, that Magistrate, may, by summons in writing under his hand, summon any person to attend the Board at the time and place mentioned in the summons, and then and there to give evidence and to produce any books, documents or writings in his custody or control which he is required by the summons to produce.

(2.) Any member of a Board may administer an oath or affirmation to any person appearing as a witness before the Board, whether the witness has been summoned or appears without being summoned, and may examine the witness upon oath or affirmation.

Failure to attend or produce documents.

27.—(1.) A person who has been served with a summons to attend a Board shall not, without reasonable excuse, refuse or fail to attend the Board or to produce any documents, books or writings in his custody or control which he was required by the summons to produce.

(2.) It shall be a defence to a prosecution for failing, without reasonable excuse, to produce any documents, books or writings if the defendant proves that the documents, books or writings were not relevant to the subject-matter of the proceedings before the Board.

Refusal to be sworn or give evidence.

28. A person appearing as a witness before a Board shall not refuse to be sworn or make an affirmation or to answer any question relevant to any proceedings before the Board put to him by any member of the Board or by any counsel, solicitor or agent appearing before the Board.

False testimony.

29. A witness before a Board shall not knowingly give false testimony in any evidence given by him to the Board.

Protection to and liability of witnesses.

30. A witness before a Board shall have the same protection and shall, in addition to the penalties provided by the National Security Act 1939-1940, be subject to the same liabilities in any civil or criminal proceeding, as a witness in any case tried in the Supreme Court of the State or Territory in which the Board is appointed.

 

Protection of reports and proceedings.

31.—(1.) No action or proceeding, whether civil or criminal, shall lie against any person for publishing in good faith for the information of the public—

(a) a copy of or a fair extract from, or a fair abstract of, any determination made by a Board; or

(b) a fair and accurate report of any proceedings before a Board,

(2.) A publication shall be deemed to be made in good faith for the information of the public if the person by whom it is made was not actuated by ill-will against the person defamed or by any other improper motive.

Contempt of Board.

32.—(1.) A person shall not wilfully insult or disturb a Board, or interrupt the proceedings of a Board, or use any insulting language to a Board, or by writing or speech use words which are false or defamatory of a Board, or otherwise commit any wilful contempt of a Board.

(2.) The Chairman of a Board, or, where a Board consists of a Magistrate only, that Magistrate, shall, in relation to any offence under sub-regulation (1.) of this regulation committed in the face of the Board, have all the powers of a court of summary jurisdiction sitting, in open court in relation to a contempt committed in the face of the Court.

Protection to Board.

33. Every member of a Board shall, in the exercise of his duty as a member of the Board, have the same protection and immunity as a Justice of the High Court.

Information as to fair rent.

34. A Board shall, on application, furnish to any person information as to the fair rent of any prescribed premises, or of any goods leased therewith, determined by the Board.

Variation of determination.

35. A determination may be varied on application made in the same manner as an application to the Board for a determination and the provisions of these Regulations relating to determinations shall, so far as applicable, apply to variations of determinations.

Record of rents.

36.—(1.) A lessor shall, by himself or his agent, keep or cause to be kept, a record showing the rent received in respect of prescribed premises (and of prescribed premises together with goods) leased by him.

(2.) The record and any previous like records in respect of the prescribed premises shall be available for inspection by any tenant of the prescribed premises and any person authorized by a Fair Rents Board.

(3.) The lessor shall, by himself or his agent, produce the records at the hearing of any application under these Regulations in respect of the prescribed premises and the records shall at the hearing be evidence of the contents thereof.

(4.) A lessor or agent shall not make, or allow to be retained, in any such record any entry false in a material particular.

 

By Authority: L.