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

STATUTORY RULES.

1942. No. 437.

 

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 fourteenth day of October, 1942.

(SGD.) GOWRIE.

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. 

Postponement of certain payments.

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

(a) by omitting from sub-regulation (3.) the words “person liable to pay the principal or purchase money is a member of the Forces and he” and inserting in their stead the words “member of the Forces”;

(b) by inserting in paragraph (a) of sub-regulation (13.), after the word “owner”, the words “(including an equitable owner)”; and

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

“(15.) Where a member of the Forces, or a female dependant of a member, became, or becomes, liable to pay the purchase money under an agreement for the purchase of land after the member at any time became, or becomes, engaged on war service, and that agreement was, or is,

 

* Notified in the Commonwealth Gazette on , 1942.

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

5528.—Price 5d.  25/10.8.1942.

 

entered into by the member or female dependant of a member in pursuance of an option to purchase that land granted to the member or female dependant of a member before the member at any time became, or becomes, engaged on war service, the member or female dependant shall, for the purposes of this regulation, be deemed to have become liable to pay the purchase money under the agreement on the date on which the option was granted.”.

Protection of life insurance policies.

2. Regulation 24 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (2.) the word “Six” and inserting in its stead the word “Four”.

3. After regulation 25 of the National Security (War Service Moratorium) Regulations the following regulation is inserted:—

Limitation of rate of interest on overdue premiums.

“25a. Where a premium in respect of a policy of life insurance issued prior to the third day of September, 1939, to a person who is or becomes a member of the Forces or a female dependant of a member, under which the member or female dependant is the life assured and in which the life assured, or a dependant of the life assured, has some interest (legal or equitable), remains unpaid during the whole or any portion of the prescribed period, the rate of interest payable thereon in respect of the period during which the premium so remains unpaid shall not exceed Four pounds per centum per annum, and the remedies for enforcing any agreement to pay interest on any such unpaid premium shall, in respect of that period, be limited to enforcing payment at the rate so payable.”.

4.—(1.) Part V. of the National Security (War Service Moratorium) Regulations is repealed and the following Part inserted in its stead:—

“Part V.—Provisions Relating to Rent.

Provisions of Part to be in addition to provisions of regulation 15.

“29. The provisions of this Part shall be in addition to and not in substitution for any of the provisions of regulation 15 of these Regulations.

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

“30.—(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 tenants from premises, and any provisions incidental to those provisions, shall extend to all premises (whether prescribed premises within the meaning of those Regulations or not, but not including premises licensed for the sale of spirituous or fermented liquors) of which a member of the Forces, a parent of a member or a female dependant of a member is the tenant.

“(2.) An application shall not be made for an order 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 any ground specified in paragraph (e), (g) or (h)of sub-regulation (2.) of regulation 15 of the National Security (Landlord and Tenant) Regulations.

 

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

“30a.—(1.) Any member of the Forces, parent of a member or female dependant of a member may, if he or she thinks fit, require the owner of any dwelling-house which is about to become vacant to let the dwelling-house to him or her and the owner shall, unless he has reasonable cause for refusing so to do, let the dwelling-house accordingly at a reasonable rental.

“(2.) A requirement under the last preceding sub-regulation shall be deemed to be made if—

(a) it is made by the member of the Forces, parent of a member or female dependant of a member personally, or by some person authorized by him or her in writing to act as his or her agent for the purposes of this regulation; and

(b) it is made—

(i) to the owner of the dwelling-house; or

(ii) to any person who ordinarily acts as an agent in relation to the dwelling-house or to whom the rent of the dwelling-house is ordinarily paid,

either personally, or by registered letter sent to the place of business or abode of the owner or person.

“(3.) It shall be a defence to a prosecution in respect of a contravention of this regulation if it is proved that the dwelling-house was erected or acquired for the accommodation of a particular person or class of persons and that the dwelling-house is required for that person or a person of that class.

Rental of farms by members of the Forces, &c.

“30b.—(1.) The owner of any land to which this regulation applies (not being land the fair rent of which is fixed by, or may be fixed under, any law of the Commonwealth or of a State) shall not, without the leave of the appropriate court, increase the rent thereof, and any increase made in contravention of this regulation shall, notwithstanding any agreement to the contrary, be irrecoverable:

Provided that—

(a)where the owner incurs expenditure on the improvement of the land, or the structural alteration of any building erected on the land (not including expenditure on decoration or repairs) an increase of rent at a rate not exceeding Eight pounds per centum per annum on the amount so expended shall not be deemed to be an increase for the purposes of this regulation;

(b)any transfer to a tenant of any burden or liability previously borne by the owner shall for the purposes of this regulation be treated as an alteration of rent, and where as the result of such a transfer the terms on which the land is held are on the whole less favorable to the tenant than the previous terms the rent shall be deemed to be increased whether or not the sum periodically payable by way of rent is increased;

(c) any increase of rent in respect of any transfer to the owner of any burden or liability previously borne by the tenant where as the result of the transfer the terms on which the land is held are on the whole more favorable to the tenant than the previous terms shall be deemed not to be an increase of rent for the purposes of this regulation; and

 

(d)where the owner pays the rates payable by the occupier of any land an increase of the rent of the land payable for any period shall not be deemed to be an increase for the purposes of this regulation if the amount of the increase does not exceed the increase in the amount payable by the owner in respect of the rates during the same period and for the purposes of this paragraph the expression ‘rates’ includes water rates and charges.

“(2.) A person shall not in consideration of the grant, renewal, or continuance of a tenancy of any land to which this regulation applies require from any member of the Forces, parent of a member or female dependant of a member the payment of any fine, premium or other like sum in addition to the rent.

“(3.) In this regulation—

‘farming or dairying pursuits’ includes agriculture, fruit-growing, bee-farming, poultry-farming, stock-raising, or any kindred pursuit;

‘land to which this regulation applies’ means land occupied by a member of the Forces, a parent of a member or a female dependant of a member and used—

(a) for the purposes of carrying on farming or dairying pursuits;

(b)for the purposes of a garage, service station, petrol filling station or other like purpose; or

(c) for such other purposes as the Attorney-General, by order published in the Gazette, specified;

‘the appropriate court’ means—

(a)where the rent payable does not exceed Seventy pounds per annum—a court of limited civil jurisdiction constituted by a Police, Stipendiary or Special Magistrate or by a barrister, solicitor, attorney or proctor in the State or Territory of the Commonwealth in which the land is situated, or, if there is no such court, the High Court, or the Supreme Court of that State or Territory;

(b) where the rent payable exceeds Seventy pounds per annum—a District Court, County Court or Local Court of Full Jurisdiction in the State or Territory of the Commonwealth (other than the Territory of New Guinea) in which the land is situated, or if there is no such court, or the land is situated in the Territory of New Guinea, the High Court or the Supreme Court of the State or Territory of the Commonwealth in which the land is situated.”.

(2.) Where—

(a) any order for the recovery of possession of any dwelling-house or shop 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), has, prior to the commencement of this regulation, been made on a ground other than that the tenant has failed to pay the rent thereof or to perform the other conditions of his tenancy; and

(b) the order has not been executed,

the order shall not be executed without the leave of the court which made the order.

5. After regulation 34 of the National Security (War Service Moratorium) Regulations the following regulation is inserted:—

Preservation of rights possessed by members of the Forces.

“34a.—(1.) Any right to commence any action, suit or other proceeding, or to enforce, exercise or pursue any right, power or remedy, which, whether before or after the commencement of this regulation, was or is possessed by a member of the Forces or by a person who, after he became or becomes possessed of the right, became or becomes a member of the Forces, shall not be barred by the expiration, during the prescribed period, of any period of limitation fixed by any law (whether of the Commonwealth or of a State or a Territory of the Commonwealth) in force in Australia or any part thereof, or by any agreement, mortgage or instrument with respect to any such right, and the action, suit or other proceeding may be commenced, or the right, power or remedy may be enforced, exercised or pursued, at any time before the expiration of the prescribed period.

“(2.) In this regulation, ‘the prescribed period’ means any period during which the member of the Forces is or was engaged on war service, together with—

(a) the period immediately following the date on which he ceases or ceased to be engaged on war service equal to the period during which he was so engaged; or

(b) the period of six months immediately following that date,

whichever is the shorter.”.

 

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