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

STATUTORY RULES.

1942. No. 319.

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 twenty-first day of July, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

 

(Sgd.) H. V. EVATT

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

 

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

Members of the Forces, &c., not to be ejected from dwelling-houses and shops if rent paid.

Regulation 29 of the National Security (“War Service Moratorium) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “to which this regulation applies”;

(b) by omitting from sub-regulation (2.) the words “to which this regulation applies”; and

(c) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations:—

“(4.) In this regulation, ‘dwelling-house’ means a building (or part of a building) let as a dwelling (or as a dwelling and shop) where the letting does not include any land other than the site of the building and the garden or other premises within the curtilage of the building.

“(4a.) Where—

(a) any order for the recovery of possession of any dwelling-house or shop, or for the ejectment therefrom of a tenant, has, prior to the commencement of this sub-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.”

 

* 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 and 208.