War Service Homes Regulations (Amendment) (Cth)

STATUTORY RULES.

1935. No. 58.

REGULATION UNDER THE WAR SERVICE HOMES ACT 1918-1934.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Service Homes Act 1918-1934.

Dated this nineteenth day of June, 1935.

Governor-General.

By His Excellency’s Command,

Minister of State Administering War Service Homes.

 

Amendment of the War Service Homes Regulations. 

After regulation 31 of the War Service Homes Regulations, the following regulation is inserted:—

“Evidence in proceedings under section 30a.

31a.—(1.) In any proceedings instituted by or on behalf of the Commissioner (whether before or after the commencement of this regulation) for the recovery of possession of any dwelling-house and land in pursuance of section 30aof the Act a certificate in writing signed by the Commissioner or delegate or an authorized person certifying that—

(a) a person named in the certificate—

(i) purchased the dwelling-house and land described in the certificate from the War Service Homes Commissioner, or from the State Bank of South Australia or a State authority referred to in the definition of “Bank” contained in the Agreement set forth in the Schedule to the War Service Homes (South Australia) Agreement Act 1934, as the case may be; or

(ii) received an advance from, or executed a mortgage or other security to, the War Service Homes Commissioner or the State Bank of South Australia or a State authority referred to in the definition of “Bank” contained in the Agreement set forth in the Schedule to the War Service Homes (South Australia) Agreement Act 1934, as the case may be, in respect of the dwelling-house and land described in the certificate;

 

* Notified in the Commonwealth Gazette on , 1935.

  Statutory Rules 1926, No. 171, as amended by Statutory Rules 1927, No. 113; 1928, Nos. 21, 55 and 84; 1929, Nos. 2, 47 and 118; 1930, Nos. 9 and 20; 1931, No. 119; 1932, Nos. 56, 104, 134 and 141; 1933, No. 124; and 1934, No. 106.

2511.—8/17.6.1935.—Price 3d.

 

(b) the said person subsequently to the execution of the contract of sale, mortgage or other security in respect of the said dwelling-house and land entered into occupation of the dwelling-house and land included in the contract of sale, mortgage or other security;

(c) the said person failed to comply with the prescribed terms and conditions and the terms and conditions contained in the contract of sale, mortgage or other security in the respect or respects specified in the certificate; and

(d) the War Service Homes Commissioner has determined the tenancy by the said person of the said dwelling-house and land;

shall be prima facie evidence of the matters so certified.

“(2.) Judicial notice shall be taken of the signature appearing on any such certificate and of the fact that the person whose signature it purports to be is, or has been, the Commissioner or a delegate or authorized person, as the case may be.

“(3.) In any proceedings to which this regulation applies, it shall not be necessary to prove the signature of any person to any agreement, contract or mortgage relating to the dwelling-house and land of which recovery of possession is sought, if the Commissioner or a delegate or authorized officer certifies in writing that the agreement, contract or mortgage is the original document filed in the office of the Commissioner or of a Deputy Commissioner, as the case may be, in respect of that dwelling-house and land, and that agreement, contract or mortgage shall be deemed to have been signed by the person or persons whose signature or signatures it purports to bear.”.

 

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