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

STATUTORY RULES.

1943. No. 6.

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 thirteenth day of January, 1943.

GOWRIE

Governor General.

By His Excellency’s Command,

H. V. EVATT

for and on behalf of the Minister of

State for Defence.

 

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

Interest to be payable in respect of postponed payments

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

(a) by inserting in, sub-regulation (1.), after the word “made” (third occurring), the words “, or, in the case of principal money due under a first mortgage or purchase money payable under an agreement for the purchase of land, at the rate of Five pounds per centum per annum”; and

(b) by omitting from the proviso to sub-regulation (1.) the words “five shillings”.

Members of the Forces, &c, may require vacant houses to be let.

2. Regulation 30aof the National Security (War Service Moratorium) Regulations is amended by inserting in sub-regulation (1.), after the word “is”, the words “vacant or is”.

3. After regulation 30aof the National Security (War Service Moratorium) Regulations the following regulation is inserted.

Warrant to obtain possession of dwelling-house

“30aa.—(1.) Where the owner of any dwelling-house who has been required under the last preceding regulation to let a dwelling-house to a member of the Forces, parent of a member or female dependant of a member neglects or refuses to do so, a court of limited civil jurisdiction constituted by a Police, Stipendiary or Special Magistrate in the State or Territory in which the dwelling-house is situated (or, if the dwelling-house is situated in the State of Tasmania, a Court of Requests) may, on the application of the member, parent of a member or female dependant of a member, if the dwelling-house is vacant, and unless the Court is satisfied that the owner had reasonable cause for refusing to

 

* Notified in the Commonwealth Gazette on 13th January, 1943.

  Statutory Rules 1942, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134 and 263; and 1942, Nos. 73, 208, 319, 487 and 498.

   

let the dwelling-house, or that the dwelling-house was erected or required for the accommodation of a particular person or class of persons, and the dwelling-house is required for that person or a person of that class, grant a warrant authorizing such person or persons as are specified therein to deliver possession of the dwelling-house to the applicant.

“(2.) Upon delivery of possession of the dwelling-house to the applicant the applicant shall be deemed to be a tenant of the owner of the dwelling-house.

“(3.) The rent to be paid for any dwelling-house of which possession is obtained under this regulation—

(a) where the rent is, as at the commencement of the tenancy, fixed by or under any law of the Commonwealth or a State or determined by a fair rents board or court—shall be such rent, not exceeding the rent so fixed or determined, as is agreed upon between the landlord and the tenant or as, in default of agreement, is fixed by the court which granted the warrant; or

(b)in any other case—shall be such rent as is agreed upon between the landlord and the tenant or, in default of agreement, as is fixed by the court which granted the warrant,

but nothing in this sub-regulation shall be deemed to prevent the subsequent alteration, in accordance with any law in force in the State or Territory concerned, of any rent so agreed upon or fixed.

“(4.) Nothing in this regulation shall affect the liability of any person to any penalty in respect of any contravention of the last preceding regulation.”.

 

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