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

STATUTORY RULES.

1946. No. 86.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this tenth day of May, 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. 

Regulations to bind the Crown.

1.Regulation 6 of the National Security (War Service Moratorium) Regulations is amended by omitting the word “These” and inserting in its stead the words “Except as otherwise provided in these Regulations, these”.

Definitions.

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

(a)by omitting from the definition of “discharged member of the Forces” the words “the present war” and inserting in their stead the words “any war in which His Majesty became engaged on or after the third day of September, 1939”; and

(b) by omitting from that definition the words “twelve months” (wherever occurring) and inserting in their stead the words “two years”.

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

3.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 is required, by reason of his being engaged on war service, to live inpremises other than premises occupied by him, or by a member of the household to which he belongs, as a home;

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* Notified in the Commonwealth Gazette on l8th May, 1916.

 Statutory Rules 1941. No. 61 as amended by Statutory Rules 1941, Nos. 85, 184 and 263: 1942, Nos. 73, 208, 319, 437 and 495; 1943, Nos. 6, 10, 26, 88, 90, 124, 129, 187, 312 and 313: 1944, Nos. 18, 31, 83 and 176; and 1945, Nos. 32, 90 and 101.

5496.—Price 3d.

(b) adischarged member of the Forces who was, immediately prior to his discharge, or for a continuous period of not less than three months during the period of six months immediately prior to his discharge, so required; or

(c) a parent or female dependant of any such member or discharged member.”

4. Regulations 30a and 30aa of the National Security (War Service Moratorium) Regulations are repealed and the following regulations inserted in their stead:—

Letting of unoccupied house to protected persons.

“30a.—(1.) A protected person (being a protected person referred to in sub-regulation (9.) of the last preceding regulation) may, if he thinks fit, apply in writing to a court of limited civil jurisdiction constituted by a Police, Stipendiary or Special Magistrate in the State or Territory in which is situated a dwelling-house which is unoccupied or about to become unoccupied (or, if the dwelling-house is situated in the State of Tasmania, to a Court of Requests) for a warrant authorizing the delivery of possession of the dwelling-house to the applicant.

“(2.) An application under the last preceding sub-regulation may be made by the protected person personally or by some person authorized by him in writing to act as his agent for the purposes of this regulation,

“(3.) A copy of an application under sub-regulation (1.) of this regulation, together with a notice of hearing, shall be served on—

(a) the owner of the dwelling-house; or

(b) 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.

“(4.) After service of the copy of the application and notice of hearing under the last preceding sub-regulation, and until the application has been heard and determined, the owner ofthe dwelling-house shall not, whether personally or by his agent, permit any person to enter into occupation of the dwelling-house or himself enter into occupation of the dwelling-house;

Dwelling-house is to be deemed to be unoccupied in certain cases.

“30aa.—(1.) For the purposes of the last preceding regulation, a dwelling-house shall he deemed to be unoccupied notwithstanding that the owner has permitted a person to enter into occupation of the dwelling-house in contravention of sub-regulation (4.) of that regulation and, in any such case, the court may grant the application notwithstanding that the person in occupation of the dwelling-house is not before the court on the hearing of the application.

“(2.) For the purposes of the last preceding regulation, a dwelling-house shall be deemed to be unoccupied notwithstanding that the owner has entered into occupation of the dwelling-house in contravention of sub-regulation (4.) of that regulation.

“(3.) For the purposes of the last preceding regulation, a dwelling-house shall not be deemed to be occupied by reason only of the fact that it is furnished.

Hearing of application.

“30ab.—(1.) Upon the hearing of an application under regulation 30a of these Regulations, the court shall take into consideration, in addition to all other relevant matters—

(a) any hardship which would be caused to the owner or to any other person (not being a person who has entered into occupation of the dwelling-house in contravention of the last preceding regulation) by the granting of the application; and

(b) any hardship which would be caused to the applicant or to any other person by the refusal to grant the application,

and, unless the court is satisfied that there is reasonable cause why the application should not be granted, the court shall grant the application.

“(2.) An averment in an application under regulation 30a of these Regulations that a dwelling-house is unoccupied shall be prima facie evidence of the fact so averred.

“(3.) If the dwelling-house is about to become unoccupied, the court may postpone the execution of the warrant until such time as it thinks fit.

“(4.) The fact that the dwelling-house is ordinarily leased for holiday purposes only shall not be a ground for refusing to grant the application.

“(5.) An application shall not be granted under this regulation if the owner of the dwelling-house is a protected person and reasonably requires the dwelling-house for his own occupation or for the occupation of some person who resides with him or is wholly or partly dependent on him.

“(6.) The court shall specify in the warrant the person or persons by whom it may he executed.

Provisions where several applications made in respect of same dwelling-house.

“30ac.—(1.) Where more than one application is made under regulation 30a of these Regulations in respect of the same dwelling-house, the person on whom the applications were served shall forthwith notify each other applicant of the other application or applications, together with the name and address of the other applicant or applicants, and the court shall hear and determine all the applications at the same time and for that purpose may adjourn the hearing of any application or applications.

“(2.) Where two or more applications are heard at the same time, the court shall take into consideration the degree of hardship which would be caused to each applicant or to any other person by the refusal to grant the application and, where the degree of hardship is the same in the case of two or more applicants or other persons, may take into consideration the priority of service of the applications under regulation 30a of these Regulations.

Rent of dwelling house.

“30ab.—(1.) Upon delivery of possession of a dwelling-house to a protected person under a warrant granted under regulation 30ab of these Regulations, the protected person shall he deemed to be a tenant of the owner of the dwelling-house.

“(2.) The rent to be paid for any dwelling-house of which possession has been so obtained shall be—

(a) where the rent is, as at the commencement of the tenancy, fixed by or under any law of the Commonwealth or a State or determined by a Fair Rents Board—such rent (not exceeding the rent so fixed or determined) as is agreed upon between the owner and the tenant or as, in default of agreement, is fixed by the Court which granted the application; or

(b) in any other case—such rent as is agreed upon, between the owner and the tenant or, in default of Agreement, as is fixed by the Court which granted the application,

but nothing in this sub-regulation shall be deemed to prevent the subsequent alteration, in accordance with any law in force in the State or Territory concerned, of any rent so agreed upon or fixed.

Regulations 30a-30adnot to bind the Crown.

“30ae. Regulations 30a to 30ad (inclusive) of these Regulations shall not bind the Crown in right of the Commonwealth or of any State.”

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