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

STATUTORY RULES.

1918. No. 81.

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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 26th day of March, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

LITTLETON E. GROOM,

for the Minister of State for Defence.

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

(Statutory Rules 1916, No. 163, as amended by Statutory Rules 1916, No. 283, and Statutory Rules 1917, No. 271.)

1. Regulation 17 of the War Precautions (Active Service Moratorium) Regulations is amended—

(a) by inserting in sub-regulation (l) before the words “female-dependant” (wherever occurring), the words “Parent or”

(b) by omitting from sub-regulation (2) the words “or female-dependant” and inserting in their stead the words “or parent or female dependant of any member of the Forces”;

(c)by omitting sub-regulation (3) and inserting in its stead the following sub-regulation:—

“(3) No order for the recovery of possession of any dwelling house to which this regulation applies, from a member of the Forces or a parent or female dependant of a member of the Forces, or for the ejectment therefrom of a tenant (being a member of the Forces or a parent or female dependant of a member of the Forces) 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, unless—

(a) the tenant has committed waste, or has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers, or the premises are reasonably required

C.4494.—Price 3d.

by the landlord for the occupation of himself or some 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, and

(b) the Court is satisfied that in all the circumstances of the case and in the interests of justice it is desirable that the order for recovery or ejectment should be made”;

and

(d)by omitting from sub-regulation (4) the words “female dependant” (wherever occurring) and inserting in their stead the words “parent or female dependant of a member of the Forces.”

2. Regulation 18 of the War Precautions (Active Service Moratorium) Regulations is amended—

(a) by inserting in sub-regulation (1), before the words “female dependant” the words “parent or”;

(b)by omitting from sub-regulation (2) the words “female dependant” and inserting in their stead the words “parent or female dependant of a member of the Forces”; and

(c) by omitting sub-regulation (3) and inserting in its stead the following sub-regulation:—

“(3) No order for the recovery of a shop or land from a member of the Forces or a parent or female dependant of a member of the Forces or for the ejectment therefrom of a tenant (being a member of the Forces or a parent or female dependant of a member of the Forces) 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, unless—

(i) the tenant has committed waste, or has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers, or 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, and

(ii) the Court is satisfied that in all the circumstances of the case and in the interests of justice it is desirable that the order for recovery or ejectment should be made.”

 

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