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

STATUTORY RULES.

1941. No. 134.

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 Regulation under the National Security Act 1939-1940.

Dated this thirteenth day of June, 1941.

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. 

Definitions.

1. Regulation 5 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (1.) the definition of “farming or dairying pursuits”.

Restriction on execution and other remedies.

2. Regulation 15 of the National Security (War Service Moratorium) Regulations is amended—

(a) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) Where, prior to the date on which any person becomes or has become a member of the Forces, any person has proceeded to execution on or otherwise to the enforcement of a judgment against that member or a female dependant of that member in respect of a liability of the kind referred to in paragraph (a) of the last preceding sub-regulation, and the execution or proceeding to enforce the judgment has not been completed at that date, the execution or proceeding shall, by force of this sub-regulation, be suspended, unless and until the court by which the judgment was given gives leave to proceed therewith.”; and

 

* Notified in the Commonwealth Gazette on June, 1941.

  Statutory Rules 1941, No. 61, as amended by Statutory Rules, 1941, No. 85.

3586.—6/10.6.1941. —Price 3d.

 

(b) by omitting from the definition of “judgment” in sub-regulation (10.) all the words from and including the words “but does not include”.

Continuation of protection afforded by regulations 15 and 16.

3. Regulation 17 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (4.) the words “the last preceding sub-regulation” and inserting in their stead the words “sub-regulation (1.) of this regulation”.

Bankruptcy proceedings against members of the Forces and female dependants of members.

4. Regulation 22 of the National Security (War Service Moratorium) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(4.) Where a Court is satisfied that—

(a) a person against whom the Court has, on the petition of a creditor, made a sequestration order or an adjudication of insolvency is a member of the Forces or a female dependant of a member; and

(b) if the sequestration order or adjudication of insolvency is revoked—

(i) the business (if any) of that person will continue to be carried on by or on behalf of that person; and

(ii) there will be a reasonable prospect of that business being carried on successfully,

the Court may make an order revoking the sequestration order or adjudication of insolvency.

“(5.) Any order made in pursuance of the last preceding sub-regulation may be made on such conditions (including the reimbursement of the costs incurred by the petitioning creditor in the bankruptcy or insolvency proceedings) as the Court thinks just.”.

Interpretation.

5. Regulation 27 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (2.) the word “assurance” (wherever occurring) and inserting in its stead the word “insurance”.

Part IV. not to apply to certain policies.

6. Regulation 28 of the National Security (War Service Moratorium) Regulations is amended by omitting the word “assurance” and inserting in its stead the word “insurance”.

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

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

(a) by omitting from sub-regulation (2.) the words “at a reasonable rental, and the owner shall, unless he has reasonable cause for refusing so to do, let the dwelling-house accordingly” and inserting in their stead the words “and the owner shall, unless he has reasonable cause for refusing so to do, let the dwelling-house accordingly at a reasonable rental”; and

(b) by omitting from paragraph (b) of the definition of “fair rental value” in sub-regulation (4.) all the words from and including the words “the rent agreed upon” and inserting in their stead the words “the rent at which the dwelling-house was let immediately before it became vacant, or is let at the time when it is about to become vacant, as the case may be”.

 

Rental of certain land by members of the Forces, &c.

8. Regulation 30 of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “which is leased to a member of the Forces, a parent of a member or female dependant of a member for the purpose of carrying on farming or dairying pursuits,” and inserting in their stead the words “to which this regulation applies”; and

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

“(4.) 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, specifies;

‘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.”.

 

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