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

STATUTORY RULES.

1943. No. 129.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 seventeenth day of May, 1943.

Deputy of the Governor-General.

By His Excellency’s Command,

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

 

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

Definitions.

1. Regulation 5 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from paragraph (b) of the definition of “war service” in sub-regulation (1.) the word “and” (last occurring); and

(b) by inserting after that paragraph the following paragraph:—

“(ba)the continuous service of a person called upon to serve in the Defence Force in pursuance of any Act or of any Regulations under an Act; and”.

Proceedings stayed, but rights not otherwise prejudiced.

2. Regulation 10 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (1.) the word “effect” (first occurring) and inserting in its stead the word “affect”.

Protection from execution, distress, &c.

3. Regulation 16 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “the last preceding regulation” and inserting in their stead the words “regulation 15 of these Regulations”;

 

* Notified in the Commonwealth Gazette on , 1943.

  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 and 124.

1388.—Price 3d. 45/14.5.1943.

 

(b) by inserting after sub-regulation (1.) the following sub-regulations:—

“(1a.) A person shall not, except with the leave of the appropriate court granted upon application made in the manner prescribed by regulation 15 of these Regulations, proceed with the execution of any writ of fieri facias or writ of execution, whenever issued, against land on which a dwelling-house is erected and which is owned by a member of the Forces or a female dependant of a member, whether the judgment or order in respect of which the writ was issued was given or made before or after the date on which the member of the Forces affected at any time became engaged on war service.

“(1b.) Leave shall not be granted under the last preceding sub-regulation—

(a)in any case where the member of the Forces or the female dependant of the member is occupying the dwelling-house concerned; or

(b)if the member of the Forces or female dependant of the member is not occupying the dwelling-house concerned, the member of the Forces or female dependant of the member bona fide desires to occupy the dwelling-house and has taken steps to obtain possession thereof.”; and

(c) by omitting from sub-regulation (2.) the words “the last preceding regulation” and inserting in their stead the words “regulation 15 of these Regulations.”.

Provisions for ascertaining whether persons are or were members of the Forces, &c.

4. Regulation 26 of the National Security (War Service Moratorium) Regulations is amended by omitting from paragraph (b) of sub-regulation (1.) the words “the member” and inserting in their stead the words “a member”.

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

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

(a) by omitting from paragraph (a) of sub-regulation (8.) the words “term of condition” and inserting in their stead the words “term or condition”; and

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

“(10.) The provisions of sub-regulations (4.), (5.), (6.), (7.), (8.) and (9.) of this regulation shall not apply in relation to any premises of which a member of the Forces, a parent of a member or a female dependant of a member is the lessor.”.

6. Regulation 30dof the National Security (War Service Moratorium) Regulations is repealed and the following regulation inserted in its stead:—

Interpretation.

“30d. For the purposes of this Part, ‘member of the Forces’ includes—

(a)a person who, having been a member of the Forces has been discharged therefrom for a period not exceeding six months; and

 

(b) a person who is on active service with the Naval, Military or Air Forces—

(i) of any foreign power allied or associated with His Majesty in any war in which His Majesty is engaged; or

(ii) maintained by any foreign authority recognized by His Majesty as competent to maintain Naval, Military or Air Forces for service in association with His Majesty’s Forces.”.

Regulations not to apply in certain cases.

7. Regulation 32 of the National Security (War Service Moratorium) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “against”, the words “or in relation to”;

(b) by inserting before paragraph (a) of sub-regulation (1.) the following paragraph:—

“(aa) where the act is the compulsory acquisition of land, and the respondent is not, to the knowledge of the claimant, a member of the Forces—serve on the respondent, in the manner provided by this regulation, a notice (in accordance with a form prescribed by the Attorney-General by order published in the Gazette) requiring the respondent to inform the claimant, within fourteen days after the receipt of the notice, whether or not the respondent is a member of the Forces;”;

(c) by inserting before paragraph (a) of sub-regulation (3.) the following paragraph:—

“(aa)in the case of a notice served under paragraph (aa)of that sub-regulation, that he is a member of the Forces;”; and

(d) by inserting in sub-regulation (3.), after the words “referred to in”, the word, letters and symbols “paragraph (aa),”.

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