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

STATUTORY RULES.

1945. No. 101.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE DEPUTY OF 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 twenty-eighth day of June, 1945.

WINSTON DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

JOHN A. BEASLEY

for and on behalf of the Minister of

State for Defence.

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

Commencement.

1. These Regulations shall come into operation on the second day of July, 1945.

2. Regulation 30 of the National Security (War Service Moratorium) Regulations is repealed and the following regulation inserted in its stead:—

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

“30.—(1.) The provisions of the National Security (Landlord and Tenant) Regulations relating to the termination of tenancies, the recovery of the possession of premises and the ejectment of lessees from premises, and any provisions incidental to those provisions, shall extend to all premises of which a protected person is the lessee, whether prescribed premises within the meaning of those Regulations or not, but not including—

(a) premises licensed for the sale of spirituous or fermented liquors; or

(b) premises which, are ordinarily occupied by the lessor as a permanent residence but are for the time being occupied by a lessee to whom the premises were leased for a specified term for holiday purposes only, which term has expired.

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* Notified in the Commonwealth Gazette on 28th June, 1945.

  Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134 and 263, 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; and 1945, Nos. 32 and 90.

3598.—Price 3d.

(2.) An application shall not be made for an order for the recovery of possession of any premises from a protected person, or for the ejectment therefrom of a lessee (being a protected person), on any ground specified in paragraph (f), (k) or (l) of sub-regulation (5.) of regulation 58 of the National Security (Landlord and Tenant) Regulations.

“(3.) The provisions of paragraph (c) of regulation 63 of the National Security (Landlord and Tenant) Regulations shall not apply in relation to any premises of which a protected person is the lessor, unless the lessee of the premises is a protected person.

“(4.) In the application of the provisions of the National Security (Landlord and Tenant) Regulations to a lessee who is a protected person, regulation 58 shall be read as if for paragraph (a) of sub-regulation (5.) there were substituted the following paragraph:—

‘(a) that the lessee has failed to pay the rent in respect of a period of not less than fifty-six days;’.

“(5.) Notwithstanding the provisions of the National Security (Landlord and Tenant) Regulations, an order shall not be made for the recovery of possession of any premises (not being premises in respect of which a certificate is in force under regulation 79 of those Regulations) from a protected person, or for the ejectment from any premises (not being premises in respect of which such a certificate is in force) of a lessee (being a protected person), on the ground specified in paragraphs (g) or (i) of sub-regulation (5.) of regulation 58 of the National Security (Landlord and Tenant) Regulations, unless the court making the order is satisfied—

(a) that reasonably suitable alternative accommodation (in this regulation referred to as 'the alternative accommodation') is, or has been since the date upon which notice to quit was given, available for the occupation of the protected person in lieu of the premises in respect of which the order is sought (in this regulation referred to as 'the premises at present occupied'); or

(b) that the protected person has sub-let the premises in respect of which the order is sought and is permanently residing elsewhere.

“(6.) Where a tenancy has been lawfully determined and any person claiming under the lessee and actually in possession of the premises or any part thereof is a protected person, an order for the ejectment of persons from those premises or for the recovery of possession of those premises shall not be enforced against the protected person, unless the court which made the order is satisfied—

(a) that the protected person has failed to pay the rent in respect of a period of not less than fifty-six days;

(b) that the protected person has failed to perform or observe some other term or condition of his tenancy and the performance or observance of that other term or condition has not been waived or excused by his landlord;

(c) that the protected person has failed to take reasonable care of the premises, or of any goods the property of his landlord, or has committed waste;

(d) that the protected person has been guilty of conduct which is a nuisance or annoyance to adjoining or neighboring occupiers;

(e) that the protected person or any other person has been convicted, while the protected person was actually in possession of the premises or part thereof, of an offence arising out of the use of the premises or part thereof for an illegal purpose or that a court has found or declared that the premises or part thereof have, while the protected person was actually in possession of the premises or part thereof, been used for some illegal purpose; or

(f) that the premises—

(i) being a dwelling-house—are reasonably required by the person in whose favour the order was made for occupation by himself or by some person who ordinarily resides with, and is wholly or partly dependent upon, him; or

(ii) not being a dwelling-house—are reasonably required for occupation by the person in whose favour the order was made or by a person associated or connected with his trade, profession, calling or occupation,

And that reasonably suitable accommodation (in this regulation referred to as ‘the alternative accommodation’) is immediately available for the occupation of the protected person in lieu of the premises occupied by him (in this regulation referred to as ‘the premises at present occupied'),

and gives leave to enforce the order against the protected person.

“(7.) For the purposes of the last two preceding sub-regulations, accommodation shall not be deemed to be reasonably suitable unless—

(a) the rent of the alternative accommodation does not exceed the rent of the premises at present occupied;

(b) the floor area of the alternative accommodation is not less than the floor area of the premises at present occupied;

(c) in the case of a dwelling-house—the alternative accommodation is not less congenial than the premises at present occupied; and

(d) the conditions generally appertaining to the alternative accommodation are not inferior to the conditions appertaining to the premises at present occupied.

“(8.) The provisions of sub-regulations (4.), (5.), (6.) and (7.) of this regulation shall not apply in relation to premises of which a protected person is the lessor.

“(9.) The provisions of sub-regulations (5.), (6.) and (7.) of this regulation shall apply only to or in relation to—

(a) a member of the Forces who is required; or

(b) a discharged 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, required,

by reason of his being engaged on war service, to live in promises other than premises occupied by him, or by a member of the household to which he belongs, as a home, and to or in relation to a protected person who is a parent or female dependent of any such member or discharged member.

“(10.) In this regulation, ‘premises’ includes land.”.

Provisions with respect to certain orders.

3. The repeal effected by the last preceding regulation shall not operate so as to authorize the execution of any order referred to in sub-regulation (5.) or (7.) of regulation 30 of the National Security (War Service Moratorium) Regulations (as in force immediately prior to that repeal), but leave may be given to execute any such order as if that regulation had not been repealed, and, if leave is so given, the order may be executed.

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