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

STATUTORY RULES.

1943. No. 90.

 

REGULATION 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 Regulation under the National Security Act 1939-1940.

Dated this third day of April, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

 

H. V. EVATT

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

 

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

After Regulation 30b of the National Security (War Services Moratorium) Regulations the following Regulation is inserted in Part V.:—

Prohibition of eviction of dependants of members of the Forces in certain cases.

“30c.—(1.) Where a soldier’s dependant is in occupation of a dwelling house which was occupied by the member by virtue of his employment, whether on terms of payment of rent or the provision of any other consideration or otherwise, it shall not be lawful for any person to evict the soldier’s dependant from the dwelling house unless—

(a) the soldier’s dependant has failed to comply with the terms and conditions (if any) on which the soldier’s dependant was permitted to occupy the dwelling house; and

(b) the person seeking to evict the soldier’s dependant has obtained the leave of the Court.

(2.) The Court, in considering any application for leave under the last preceding sub-regulation, shall take into consideration all the circumstances of the case, and in particular, shall have regard to any provision made by the person seeking the leave for other accommodation for the soldier’s dependant.

 

* Notified in the Commonwealth Gazette on 3rd April, 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; and 1943, Nos. 6, 10 and 26.

 

(3.) Where, prior to the commencement of this regulation, a soldier’s dependant has been evicted from any dwelling house, and the eviction would not, if these Regulations had been in force at the time of the eviction, have been lawful, the owner of the dwelling house shall make the dwelling house available for occupation by the soldier’s dependant within seven days from the commencement of this regulation or make available other suitable accommodation unless the Court, upon application made within that period, otherwise orders.

(4.) Where an application is made under the last preceding sub-regulation, the owner shall, unless the Court otherwise orders, make the dwelling house or other suitable accommodation available for occupation by the soldier’s dependant within seven days after the determination of the application.

(5.) For the purposes of this regulation, accommodation shall not be deemed to be suitable unless—

(a) the rent of the accommodation does not exceed the rent of the dwelling house from which the soldier’s dependant was evicted;

(b) the floor area of the accommodation is not less than the floor area of that dwelling house;

(c) the accommodation is not less congenial than the accommodation at that dwelling house; and

(d) the conditions generally appertaining to the accommodation are not inferior to the conditions appertaining to that dwelling house.

(6.) In this regulation—

“owner”, in relation to any dwelling house, includes any person having control of the dwelling house, whether on behalf of the Commonwealth or a State or an authority of the Commonwealth or a State or any local governing authority or any person whatsoever;

“soldier’s dependant” means parent of a member or female dependant of a member.

“the Court”, in relation to any application under this regulation, means a Court of limited civil jurisdiction constituted by a Police, Stipendiary or Special Magistrate in the State or Territory in which is situated the dwelling house in relation to which the application is made, (or if the dwelling house is situated in the State of Tasmania a Court of Requests).

(7.) The provisions of this regulation shall be in addition to and not in substitution for any of the other provisions of this Part.”.

 

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