War Precautions (Active Service Moratorium) Regulations 1916 (Amendment) (Cth)

STATUTORY RULES.

1917. No. 271.

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

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 War Precautions Act 1914-1916, to come into operation forthwith.

Dated this 15th day of October, 1917.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

———

Amendment of the War Precautions (Active Service Moratorium) Regulations.

(Statutory Rules, 1916, No. 163, as amended by Statutory Rules 1916, No. 283.)

Amendment of Regulation 2.

1. Regulation 2 of the War Precautions (Active Service Moratorium) Regulation is amended—

(a) by omitting the definition of ‘‘Member of the Forces’’; and

(b) by adding at the end thereof the following sub-regulation;.—

“(2) In these Regulations, other than Regulations 12, 13, 14, 15, 17, and 18, the expression ‘Member of the Forces means a member of the Commonwealth Naval or Military Forces enlisted or appointed for or employed on active service outside Australia or employed on a ship of war, or enlisted or appointed for service in connexion with naval or military preparations or operations, and includes a member of the Army Medical Corps Nursing Service who is accepted or appointed by the Director General of Medical Services for service outside Australia, but does not include any person serving in the Citizen Forces in pursuance of a proclamation under section sixty of the Defence Act 1903-1915; and in Regulations 12, 13, 14, 15, 17, and 18 the expression ‘Member of the Forces’ means a member of the Commonwealth Naval or Military Forces enlisted or appointed for or employed on active service outside Australia or employed on a ship of war, and includes a member of the Army Medical Corps Nursing Service who is accepted or appointed by the Director-General of Medical Services for service outside Australia.”

Amendment of Regulation 12.

2. Regulation 12 of the War Precautions (Active Service Moratorium) Regulations is amended by omitting the figures “£50” (where ever occurring) and inserting in their stead the figures “£100.”

C.13652.—Price 3d.

3. After Regulation 13 of the War Precautions (Active Service Moratorium) Regulations, the following regulations are inserted:―

Power of superior Courts to prohibit issue of process in certain cases.

“14. Where it appears to the High Court or the Supreme Court on motion made by or on behalf of any member of the Forces or female dependant that any writ of action or other legal process issued or proposed to be issued out of any Court in respect of any liability of any member of the Forces or a female dependant under any contract or agreement (not being a contract, or agreement to which the provisions of any of the preceding Regulations apply) that the contract or agreement is, so far as the member or female dependant is concerned, harsh and unconscionable, the Count may make such order upon such terms and conditions as if thinks fit prohibiting or suspending the issue of the process, or if the process has already been issued prohibiting or suspending further proceedings in pursuance of the process.

Reopening of transactions between members of Forces and others.

“15. If in relation to any transaction entered into whether after the commencement, of the present state of war and before the commencement of this regulation, or after the commencement, of this regulation, it appears to the High Court or the Supreme Court (or, where, the matter at issue does not exceed in value the sum of Five hundred pounds, to a County or District Court or a Local Court of Full Jurisdiction), on motion made by or on behalf of a member of the Forces or female dependant, that the transaction is harsh and unconscionable to the member or female dependant, or is such that a court of equity would give relief, the Court may reopen the transaction and take an account between the member or female dependant and the other parity to the transaction, and may make such order as it thinks just as regards the transaction, and as regards any property affected by the transaction, and any such order shall be of full force and effect, and shall be complied with by the parties to the transaction.

Exercise of jurisdiction in Chambers.

“16. Any matter arising under either of the last two preceding regulations may be disposed of by a Justice or Judge in Chambers.

Rental of dwelling-houses by members of the Forces and female dependants.

“17. (1) The owner of any dwelling-house, to which this regulation applies which is tenanted by a member of the Forces or a female dependant of a member shall not, without the leave of a Court of Summary Jurisdiction, increase the rent charged to that member or female dependant in respect of the dwelling-house, and any increase made in contravention of this regulation shall, notwithstanding any agreement to the contrary, be irrecoverable:

Provided that—

(a)where the owner incurs expenditure on the improvement or structural alteration of a dwelling-house (not including expenditure on decoration or repairs) an increase of rent at a rate not exceeding eight per centum per annum on the amount so expended shall not be deemed to be an increase for the purposes of this regulation;

(b)any transfer to a tenant of any burden or liability previously borne by the owner shall for the purposes of this regulation be treated as an alteration of rent, and where as the result of such a transfer the terms on which the dwelling-house is held are on the whole less favorable to the tenant than the previous terms the rent shall be deemed to be increased whether or not the sum periodically payable by way of rent is increased;

(c)any increase of rent in respect of any transfer to the owner of any burden or liability previously borne by the tenant where as the result of the transfer the terms on which the dwelling-house is held are on the whole more favorable to the tenant than the previous terms shall be deemed not to be an increase of rent for the purposes of this regulation;

(d)where the owner pays the rates chargeable on the occupier of any dwelling-house an increase of the rent of the dwelling-house payable for any period shall not be deemed to be an increase for the purposes of this regulation if the amount of the increase does not exceed the increase in the amount payable by the owner in respect of the rates during the same period, and for the purposes of this paragraph the expression ‘rates’ includes water rates and charges.

“(2) A person shall not in consideration of the grant, renewal, or continuance of a tenancy of any dwelling-house to which this regulation applies require from any member of the Forces or female dependant the payment of any fine, premium, or other like sum in addition to the rent.

“(3) No order for the recovery from a member of the Forces or a female dependant of possession of a dwelling-house to which this regulation applies or for the ejectment therefrom of a tenant (being a member of the Forces or a female dependant) 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, except on the ground that the tenant has committed waste, or has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers, or that 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.

“(4) Any member of the Forces or female dependant may, if he or she thinks fit, require the owner of a dwelling-house to which this regulation applies, which is vacant or is about to become vacant, to let the dwelling-house to him or her at a reasonable rental, and the owner shall, unless he has reasonable cause for refusing so to do, let the dwelling-house accordingly.

“(5) For the purposes of this regulation a reasonable rental shall be the equivalent of such weekly rental as represents the average weekly rental received in respect of the property during the period in which it has been occupied during the twelve months preceding the date of the commencement of this regulation, or, in the event of rent not having been received in respect of the property, either at all or for any period more than three months during the said period of twelve months, such rental as is determined by the judicial or other authority or person thereto authorized in writing by the Minister (in this regulation referred to as ‘the authority’):

Provided that where any improvement or structural alteration of a dwelling-house (not including decoration or repairs) has taken place, an allowance for the value of such improvement or alteration, to an extent not exceeding eight per centum per annum on the amount expended thereon, shall be taken into consideration in determining the reasonable rental of the dwelling-house.

“(6) This regulation shall apply to a house, or part of a house let as a separate dwelling (or as a dwelling and shop) where the letting does not include any land other than the site of the house and a garden or other premises within the curtilage of the house and where the rateable value of the house or part of the house—

(a) if based on rental value does not exceed Seventy pounds per annum; and

(b)if based on unimproved value does not exceed Three hundred and fifty pounds;

and every such house or part of a house shall be deemed to be a dwelling-house to which this regulation applies.

Rental of shops, farms, &c, by members of the Forces and female dependants.

“18 (1) The owner of any shop which is leased to a member of the Forces or a female dependant of a member solely for business purposes and the owner of any land which is leased to a member of the Forces or a female dependant of a member for the purpose of carrying on farming or dairying pursuits shall not, without the leave of a Court of Summary Jurisdiction if the rent payable does not exceed Seventy pounds per annum, or of a County or District Court or a Local Court of Full Jurisdiction if the rent payable exceeds Seventy pounds per annum, increase the rent charged to that member or female dependant in respect of the shop or land, as the case may be, and any increase made in contravention of this regulation shall, notwithstanding any agreement to the contrary, be irrecoverable:

Provided that—

(a)where the owner incurs expenditure on the improvement of the shop or land, or the structural alteration of the shop or of any building erected on the land, as the case may be (not including expenditure on decoration or repairs), an increase of rent at a rate not exceeding eight per centum per annum on the amount so expended shall not be deemed to be an increase for the purposes of this regulation;

(b)any transfer to a tenant of any burden or liability previously borne by the owner shall for the purposes of this regulation be treated as an alteration of rent, and where as the result of such a transfer the terms on which the shop and land is held are on the whole less favorable to the tenant than the previous terms the rent shall be deemed to be increased whether or not the sum periodically payable by way of rent is increased;

(c) any increase of rent in respect of any transfer to the owner of any burden or liability previously borne by the tenant where as the result of the transfer the terms on which the shop or land is held are on the whole more favorable to the tenant than the previous terms shall be deemed not to be an increase of rent for the purposes of this regulation;

(d)where the owner pays the rates chargeable on the occupier of any shop or land an increase of the rent of the shop or land payable for any period shall not be deemed to be an increase for the purposes of this regulation if the amount of the increase does not exceed the increase in

 

the amount payable by the owner in respect of the rates during the same period, and for the purposes of this paragraph the expression ‘rates’ includes water rates and charges.

“(2) A person shall not in consideration of the grant, renewal, or continuance of a tenancy of any shop or land require from any member of the Forces or female dependant the payment of any fine, premium, or other like sum in addition to the rent.

“(3) No order for the recovery from a member of the Forces or a female dependant of possession of a shop or land or for the ejectment therefrom of a tenant (being a member of the Forces or a female dependant) 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, except on the ground that the tenant has committed waste, or has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers, or that 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.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

C.13652—2.