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

STATUTORY RULES.

1946. No. 125.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1946.*

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 1939-1946.

Dated this twenty-fifth day of July, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

E. J. HOLLOWAY

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

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

Definitions

1. Regulation 28a of the National Security (War Service Moratorium) Regulations is amended—

(a)by omitting the definition of “female dependant of a member” and inserting in its stead the following definitions:—

“ ‘female dependant of a member’ means a female who is wholly or partly dependent for her support upon a member of the Forces;

‘female dependant of a discharged member’ means—

(a) a female who is wholly or partly dependent for her support upon a person who, having been a member of the DefenceForce engaged on war service during the present war, has been discharged from the Defence Force, or has ceased to be engaged on war service, for a period not exceeding two years;

(b)a female who is wholly or partly dependent for her support upon a pension payable in consequence of the incapacity or the death of a person who has been a member of the Forces;

* Notified in the Commonwealth Gazette on 20th July, 1946.

  Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134 and 283; 1942. Nos. 73, 208, 319, 437 and 498; 1943, Nos. 6, 10, 26, 88, 90, 124, 129, 187, 312 and 313; 1944, Nos. 18, 31, 83 and 176; 1945, Nos. 32, 99 and 101; and 1946. Nos. 86 and 87.

3613.—Price 3d.

 

(c) the wife of a person who, having been a member of the Defence Force engaged on war service during the present war—

(i) has been discharged from the Defence Force; or

(ii) has ceased to be engaged on war service,

and, although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him, either wholly or partly, from engaging in his occupation; and

(d)the widow of a member of the Forces who died while engaged on war service during the present war;”;

(b)by omitting the definition of “parent of a member” and inserting in its stead the following definitions:—

“ ‘parent of a member’ means a person who is a parent of, and is wholly or partly dependent for his support upon, a member of the Forces;

“parent of a discharged member’ means—

(a) a person who is a parent of, and is wholly or partly dependent for his support upon, a person who, having been a member of the Defence Force engaged on war service during the present war, has been discharged from the Defence Force, or has ceased to be engaged on war service, for a period not exceeding two years;

(b)a person who is a parent of, and is wholly or partly dependent for his support upon a pension payable in consequence of the incapacity or death of, a person who has been a member of the Forces;

(c) a parent of a person who, having been a member of the Defence Force engaged on war service during the present war—

(i) has been discharged from the Defence Force; or

(ii) has ceased to be engaged on war service,

and, although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him, either wholly or partly, from engaging in his occupation and upon whom that parent was, immediately prior to the discharge of that person, or immediately prior to that person ceasing to be engaged on war service, wholly or partly dependent for his support;”; and

 

(c) by omitting the definition of “protected person” and inserting in its stead the following definition:—

“ ‘protected person’ means a member of the Forces, discharged member of the Forces, female dependant of a member, female dependant of a discharged member, parent of a member or parent of a discharged member;”.

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

2. Regulation 30 of the National Security (War Service Moratorium) Regulations is amended by omitting sub-regulation (9.) and inserting in its stead the following sub-regulation:—

“(9.) For the purposes of this regulation, a person shall not be deemed to be a protected person unless he is—

(a) a member of the Forces who—

(i) is; or

(ii) was, for a total period of not less than twelve months during his period of war service,

required, by reason of his war service, to live in premises other than premises occupied by him, or by a member of the household to which he belongs, as a home;

(b)a discharged member of the Forces who was—

(i) immediately prior to his discharge;

(ii) for a continuous period of not less thanthree months during the period of six months immediately prior to his discharge; or

(iii) for a total period of not less than twelve months during his period of war service,

so required;

(c) a female dependant of a member or a parent of a member and that member—

(i) is; or

(ii) was, for a total period of not less than twelve months during his period of war services,

so required; or

(d)a female dependant of a discharged member or a parent of a discharged member and that member was—

(i) immediately prior to his discharge, ceasing to be engaged on war service or death, as the case may be;

(ii) for a continuous period of not less than three months during the period of six months immediately prior to his discharge, ceasing to be engaged on war service or death, as the case may be; or

(iii) for a total period of not less than twelve months during his period of war service,

so required.”.

Letting of unoccupied houses to protected persons.

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

(a) by inserting in sub-regulation (1.), after the word “authorizing”, the words “and requiring”;

(b)by inserting in sub-regulation (4.), after the word “determined,” the words “or, if the court grants a warrant, until the warrant has been executed,”.

 

Hearing of application.

4. Regulation 30ab of the National Security (War Service Moratorium) Regulations is amended by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“(5.) An application shall not be granted under this regulation—

(a) if the owner of the dwelling-house is a protected person andreasonably requires the dwelling-house for his own occupation or for the occupation of some person who resides with him or is wholly orpartly dependent on him for his support;

(b)if the dwelling-house was erected or acquired for the accommodation of a particular person or class of persons and the dwelling-house is reasonably required for the occupation of that person or a person of that class;

(c) if the dwelling-house has not previously been occupied and is reasonably required for the occupation of the owner of the dwelling-house; or

(d) if the dwelling-house is a newly erected dwelling-house which—

(i) was erected by the owner for the purposes of sale; and

(ii) has been unoccupied for a period not exceeding two months.”.

5. After regulation 30ac of the National Security (War Service Moratorium) Regulations the following regulation is inserted:—

Enforcement of warrants.

“30aca.A warrant granted by a court under regulation 30ab of these Regulations (including a warrant so granted before the commencement of this regulation) may be enforced in the same manner as a warrant of possession granted by that court may be enforced.”.

Regulation 30A-30AD inapplicable in certain cases

6. Regulation 30ae of the National Security (War Service Moratorium) Regulations is amended by adding at the end thereof the words “, and shall not apply in relation to any dwelling-house of which a housing authority constituted under the law of any State is the owner.”.

7. After regulation 30ae of the National Security (War Service Moratorium) Regulations the following regulation is inserted:—

Interpretation.

“30 af. For the purposes of regulations 30a to 30ae (inclusive) of these Regulations, the expression ‘owner’ in relation to a dwelling-house which is the subject of a lease or sub-lease, means—

(a)where the dwelling-house is unoccupied—the lessee or sub-lessee immediately entitled to possession of the dwelling-house; and

(b)where the dwelling-house is about to become unoccupied—the person immediately entitled to possession of the dwelling-house upon its becoming unoccupied.”.

This Part not to apply in certain cases.

8. Regulation 30d of the National Security (War Service Moratorium) Regulations is amended by omitting the words “member of the Forces, a discharged member of the Forces, a female dependant of a member or a parent of a member” (wherever occurring) and inserting in (their stead the words “protected person”.

Commencement.

9. These Regulations shall come into operation on the first day of August, 1946.

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