National Security (War Service Moratorium) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 176.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of 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 thirtieth day of November, 1944.

W. DUGAN

Administrator.

By His Excellency’s Command,

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

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Amendments of the National Security (War Service Moratorium) Regulations. 

Definitions.

1.Regulation 5 of the National Security (War Service Moratorium) Regulations is amended by inserting after the definition of “mortgage” in sub-regulation (1.) the following definition:—

“‘pension’ means a pension (including a service pension) under the Australian Soldiers’ Repatriation Act 1920-1943, and includes a pension payable under any law of a country outside the Commonwealth providing for payment of pensions to members, or former members, of the Naval, Military or Air Forces of that country;”.

Postponement of certain payments.

2.Regulation 7 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulations (2.), (3.), (3a.) and (4.) the word “six” and inserting in its stead the word “twelve”.

* Notified in the Commonwealth Gazette on  , 1944.

  Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134 and 263; 1942, Nos. 73, 208, 319, 437 and 498; 1943, Nos. 6, 10, 26, 88, 90, 124, 129, 187, 312 and 313; and 1944, Nos. 18, 31 and 83.

1182.—Price 3d.  10/29.11.1944.

Restriction on execution and other remedies.

3.Regulation 15 of the National Security (War Service Moratorium) Regulations is amended by omitting from paragraph (a) of the definition of “legal remedy” in sub-regulation (10.) the words “the next succeeding regulation” and inserting in their stead the words “regulation 16 of these Regulations”.

Continuation of protection afforded.

4.Regulation 17 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulations (1.), (2.), (2a.) and (3.) the word “six” and inserting in its stead the word “twelve”.

Part IV. not to apply in certain cases.

5.Regulation 26 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (5.) the words “place of abode” and inserting in their stead the words “last place of abode known to the insurer”.

Interpretation.

6.Regulation 27 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (1.) the word “six” (wherever occurring) and inserting in its stead the word “twelve”.

Definitions.

7. Regulation 28a of the National Security (War Service Moratorium) Regulations is amended by omitting from the definition of “discharged member of the Forces” the word “six” (wherever occurring) and inserting in its stead the word “twelve”.

Application of certain provisions of National Security (Landlord and Tenant) Regulations.

8.Regulation 30 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The provisions of the National Security (Landlord and Tenant) Regulations relating to the termination of tenancies, the recovery of the possession of premises and the ejectment of lessees from premises, and any provisions incidental to those provisions, shall extend to all premises of which a protected person is the lessee, whether prescribed premises within the meaning of those Regulations or not, but not including—

(a) premises licensed for the sale of spirituous or fermented liquors; or

(b) premises which are ordinarily occupied by the lessor as a permanent residence but are for the time being occupied by a lessee to whom the premises were leased for a specified term for holiday purposes only, which term has expired.”;

(b) by omitting from sub-regulation (6.) all the words from and including the word “satisfied” and inserting in their stead the following words:—

“satisfied—

(a) that suitable accommodation (in this regulation referred to as ‘the alternative accommodation’) is immediately available for the occupation of the protected person in lieu of the premises in respect of which the order is sought (in this regulation referred to as ‘the premises at present occupied’); or

(b) that the protected person has sublet the premises in respect of which the order is sought and is permanently residing elsewhere.”;

(c) by omitting from sub-regulation (7.) all the words from and including the word “satisfied” and inserting in their stead the following words:—

“satisfied—

(a) that suitable accommodation (in this regulation referred to as ‘the alternative accommodation’) is immediately available for the occupation of the protected person in lieu of the premises in respect of which the order was made (in this regulation referred to as ‘the premises at present occupied’); or

(b) that the protected person has sublet the premises in respect of which the order was made and is permanently residing elsewhere,

and gives leave to execute the order,”; and

(d) by omitting sub-regulation (11.) and inserting in its stead the following sub-regulation:—

“(11.) The provisions of sub-regulations (6.), (7.) and (8.) of this regulation shall apply only to or in relation to—

(a) a member of the Forces who is required; or

(b) a discharged member of the Forces who was, immediately prior to his discharge or for a continuous period of not less than three months during the period of six months immediately prior to his discharge, required,

by reason of his being engaged on war service, to live in premises other than premises occupied by him, or by a member of the household to which he belongs, as a home, and to or in relation to a protected person who is a parent or female dependant of any such member or discharged member”.

Part to a certs

9. Regulation 30d of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (2.) the words “place of abode” and inserting in their stead the words “last place of abode known to the claimant”.

Regulations not to apply in certain cases.

10.Regulation 32 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (2.) the words “place of abode” and inserting in their stead the words “last place of abode known to the claimant”.

Preservation of rights possessed by members of the Forces.

11. Regulation 34a of the National Security (War Service Moratorium) Regulations is amended by omitting from paragraph (b) of sub-regulation (2.) the word “six” and inserting in its stead the word “twelve”.

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