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

STATUTORY RULES.

1943. No. 26.

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 first day of February, 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. 

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

Regulation 30 of the National Security (War Service Moratorium) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(6.) Notwithstanding the provisions of the National Security (Landlord and Tenant) Regulations, an order shall not be made for the recovery of possession of any premises from a member of the Forces, a parent of a member or a female dependant of a member, or for the ejectment therefrom of a tenant (being a member of the Forces, a parent of a member or a female dependant of a member), on the ground specified in paragraph (f) of sub-regulation (2.) of regulation 15 of the National Security (Landlord and Tenant) Regulations, unless the Fair Rents Board or court making the order is satisfied that suitable accommodation (in this regulation referred to as ‘the alternative accommodation’) is immediately available for the occupation of the member of the Forces, parent of a member or female dependant of a member in lieu of the premises in respect of which the order is sought (in this regulation referred to as ‘the premises at present occupied’).

 

* Notified in the Commonwealth Gazette on 1st February, 1943.

  Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134, 263; 1942, Nos. 73, 208, 319, 437 and 498; and 1943, Nos. 6 and 10.

 

“(7.) Where, prior to the commencement of this sub-regulation, an order has been made for the recovery of possession of any premises from a member of the Forces, a parent of a member or a female dependant of a member, or for the ejectment therefrom of a female dependant of a member), on the ground specified in paragraph (f) of sub-regulation (2.) of regulation 15 of the National Security (Landlord and Tenant) Regulations, and the order has not, prior to the commencement of this sub-regulation, been executed, it shall not be executed unless the Fair Rents Board or court which made the order is satisfied that suitable accommodation (in this regulation referred to as ‘the alternative accommodation’) is immediately available for the occupation of the member of the Forces, parent of a member or female dependant of a member in lieu of the premises in respect of which the order was made (in this regulation referred to as ‘the premises at present occupied’) and gives leave to execute the order.

“(8.) Where any tenancy has been lawfully determined and any person claiming under the tenant and actually in possession of the premises or any part thereof is a member of the Forces, a parent of a member or a female dependant of a member, no order for the ejectment of persons from those premises or for the recovery of possession of those premises shall be enforced against the member of the Forces, parent of a member or female dependant of a member, unless the court which made the order is satisfied—

(a) that the member of the Forces, parent of a member or female dependant of a member has failed to pay the rent in respect of a period of not less than fifty-six days or to perform any other term of condition of his tenancy and the performance of that term or condition has not been waived or excused by his landlord;

(b) that the member of the Forces, parent of a member or female dependant of a member has failed to take reasonable care of the premises or of any goods the property of his landlord or has committed waste;

(c) that the member of the Forces, parent of a member or female dependant has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers;

(d) that the member of the Forces, parent of a member or female dependant of a member has been convicted of any offence arising out of the use of the premises for some immoral or illegal purpose; or

(e) that the premises are reasonably required by the person in whose favour the order was made for his personal occupation and that suitable accommodation (in this regulation referred to as ‘the alternative accommodation’) is immediately available for the occupation of the member of the Forces, parent of a member or female dependant of a member in lieu of the premises occupied by him (in this regulation referred to as ‘the premises at present occupied’),

and gives leave to enforce the order against the member of the Forces, parent of a member or female dependant of a member.

 

“(9.) For the purposes of the last three preceding sub-regulations, accommodation shall not be deemed to be suitable unless—

(a) the rent of the alternative accommodation does not exceed the rent of the premises at present occupied;

(b)the floor area of the alternative accommodation is not less than the floor area of the premises at present occupied;

(c) the alternative accommodation is not less congenial than the premises at present occupied; and

(d) the conditions generally appertaining to the alternative accommodation are not inferior to the conditions appertaining to the premises at present occupied.”.

 

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