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

STATUTORY RULES.

1941. No. 263.

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 eighteenth day of November, 1941.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

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

Members of Forces, and dependants and parents of members, not to be ejected from dwelling-houses and shops if rent paid.

1. Regulation 29 of the National Security (War Service Moratorium) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) No order for the recovery of possession of any dwelling-house to which this regulation applies, or of any 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 of a female dependant of a member) shall be made so long as the tenant continues to pay the rent thereof and performs the other conditions of the tenancy, unless—

(a) the tenant has committed waste, or has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers, or the premises are reasonably required by the landlord for the occupation of himself or some person in his employ or in the employ of some tenant from him, or on some other ground which is deemed satisfactory by the court making the order; and

(b) the court is satisfied that in all the circumstances of the case and in the interests of justice it is desirable that the order for recovery or ejectment should be made.”.

* Notified in the Commonwealth Gazette on , 1941.

  Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85 and 134.

7054.—18/30.10.1941.—Price 3d.

 

Rental of farms by members of the Forces, parents or female dependants.

2. Regulation 30 of the National Security (War Service Moratorium) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) No order for the recovery of possession of any such land from a member of the Forces, a parent of a member or 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 female dependant of a member) shall be made so long as the tenant continues to pay rent at the agreed rate as modified by this regulation and performs the other conditions of the tenancy, unless—

(a) the tenant has committed waste, or has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers, or the premises are reasonably required by the landlord for the occupation of himself or some other person in his employ or in the employ of some tenant from him, or on some other ground which is deemed satisfactory by the court making the order; and

(b) the court is satisfied that in all the circumstances of the case and in the interests of justice it is desirable that the order for recovery or ejectment should be made.”.

 

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