War Service Homes Regulations (Amendment) (Cth)

STATUTORY RULES.

1957. No. 18.

 

REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1956.*

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 Service Homes Act 1918-1956.*

Dated this 8th day of May, 1957.

W. J. Slim

Governor-General.

By His Excellency's Command,

Minister of State for National Development.

 

Amendments of the War Service Homes Regulations. 

1.  Regulation 3 of the War Service Homes Regulations is repealed and the following regulation inserted in its stead:—

Parts.

“3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-4).

Part II.—Applications for Homes and Advances (Regulations (5-8a).

Part III.—Mortgage to Secure Balance of Purchase Money (Regulations 9-10).

Part IV.—Conditions of Contracts of Sale and Advances (Regulations 11-26).

Part V.—Modifications and Adaptations of the Lands Acquisition Act 1955 (Regulations 27-27m).

Part VI.—Advances on Mortgage for Purposes of Homes.

Division 1.—General (Regulations 28-31).

Division 2.—Advances by Instalments (Regulations 32-44).

Part VII.—Insurance of Dwelling-Houses and Building Material (Regulations 45-74).

Part VIIa.—Tenancies under Section 30a of the Act (Regulations 74a-74h).

Part VIII.—Miscellaneous (Regulations 75-83).”.

* Notified in the Commonwealth Gazette on , 1957.

  Statutory Rules 1936, No. 74, as amended by Statutory Rules 1945, No. 202: 1946, No. 66; 1947, No. 93; 1949, Nos. 13 and 29; 1951, No. 16; and 1956, No. 17.

1584/57.—Price 8d. 9 25.3.1957.

Power of Director where mortgage property seized in execution to call in amount secured.

2.  Regulation 16 of the War Service Homes Regulations is amended by omitting the words “due under” and inserting in their stead the words “secured by”.

Remedies where default by borrower.

3.  Regulation 17 of the War Service Homes Regulations is repealed and the following regulation inserted in its stead:—

“17. Where—

(a) the Director calls in an amount secured by a mortgage; or

(b) in accordance with an agreement for the erection, completion or enlargement of a dwelling-house by the Director under section 17a of the Act, the amount secured by a mortgage becomes repayable,

the borrower shall forthwith pay that amount, and, in default, the borrower shall be deemed to be in default in repayment of the principal sum secured by the mortgage and the Director shall have the same remedies for the recovery of that principal sum (including any accrued interest) as are provided by or under the mortgage or by the Act or these Regulations for the recovery of sums payable by the borrower.”.

Repeal of regulation 25.

4.  Regulation 25 of the War Service Homes Regulations is repealed.

Payment by applicant of interest on progress payments.

5.  Regulation 26 of the War Service Homes Regulations is amended by inserting, after the word “applicant” (first occurring), the words “for the purchase of a dwelling-house erected under section 17 of the Act”.

Advances by instalments.

6.  Regulation 32 of the War Service Homes Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) Where a builder is employed by an applicant for an advance or a borrower, or by the Director in pursuance of an agreement with an applicant for an advance or with a borrower for the erection, completion or enlargement of a dwelling-house by the Director under section 17a of the Act, the Director may pay the instalments of the advance direct to the builder as progress payments, and any such payment shall be deemed to be payment of an instalment of the advance to the applicant or borrower.”.

Application for each instalment.

7.  Regulation 35 of the War Service Homes Regulations is repealed and the following regulation inserted in its stead:—

“35. Where an applicant for an advance or a borrower is erecting, completing or enlarging a dwelling-house himself, or is employing a builder for the purpose of the work, an instalment or further instalment of an advance is not payable unless the applicant or borrower applies to the Director in writing for that payment.”.

Failure to proceed with work satisfactorily.

8.  Regulations 42 and 43 of the War Service Homes Regulations are repealed and the following regulations inserted in their stead:—

“42. If an applicant for an advance or a borrower who is erecting, completing or enlarging a dwelling-house himself or is employing a builder for the purpose of the work—

(a) fails to proceed with the work at a rate and in a manner satisfactory to the Director; or

(b) fails to proceed with the work in accordance with the plans and specifications of the dwelling-house approved by the Director,

the Director may—

(c) by notice in writing require the applicant or borrower to proceed with the work at the rate and in the manner specified in the notice; and

(d) withhold payment of any instalment or further instalment of the advance until the applicant or borrower proceeds with the work to the Director's satisfaction.

Default by applicant or borrower.

“43.—(1.) If an applicant for an advance or a borrower who is erecting, completing or enlarging a dwelling-house himself or is employing a builder for the purpose of the work—

(a) fails to proceed with the work at the rate and in the manner specified in a notice given by the Director;

(b) fails in the opinion of the Director during the progress of the work to preserve to the best of his ability the dwelling-house from destruction or damage; or

(c) fails in any way to comply with the conditions under which the advance is being made,

he shall be deemed to be in default under the mortgage and the Director may—

(d) by notice in writing at once call in the amount secured by the mortgage whether as principal, interest or otherwise; or

(e) enter on the mortgage land and complete the work either by contract or otherwise.

“(2.) Where the Director completes the work in the circumstances referred to in paragraph (e) of the last preceding sub-regulation, the amount expended by the Director shall be deemed to have been advanced to and be due by the applicant or borrower under the mortgage.

Default of builder building for the Director.

“43a. Where the Director has entered into a contract with a builder for the erection, completion or enlargement of a dwelling-house in pursuance of an agreement with an applicant for an advance, or a borrower, for that erection, completion or enlargement by the Director under section 17a of the Act and the Director cancels the contract or takes the work out of the hands of the builder and arranges for the completion of the work either by contract or otherwise, the amount expended by the Director in that completion shall be deemed to have been advanced to the applicant or borrower under the mortgage.”.

Certificate of insurance in case of compulsory insurance.

9.  Regulation 57 of the War Service Homes Regulations is amended—

(a) by inserting, after sub-regulation (2.), the following sub-regulation:—

“(2a.) Before the Director signs a certificate of insurance in accordance with sub-regulation (1.) of this regulation, he may issue a cover note in respect of the insurance, and thereupon the property shall be deemed to be insured in pursuance of the Act for the period and the amount, and subject to the conditions, specified in the cover note (in addition to the conditions specified in these Regulations).”; and

(b) by omitting from sub-regulation (3.) the words “a dwelling-house” and inserting in their stead the words “any property”.

10.  After Part VII. of the War Service Homes Regulations the following Part is inserted:—

“Part VIIa.—Tenancies under Section 30a of the Act.

Period of tenancy and rental.

“74a. In the case of a tenancy under section 30a of the Act—

(a) the term of the tenancy shall be the same as the period allowed for the payment of the purchase money or the repayment of the advance; and

(b) the rental payable in respect of the tenancy shall be the same, both as to amounts and as to times of payment, as the instalments in which the purchase money or advance, together with any interest, is to be paid or repaid.

Terms and conditions of tenancy.

“74b.—(1.) For the purposes of section 30a of the Act, a purchaser or a borrower who is a tenant under that section shall, in addition to the terms and conditions contained in the contract of sale, mortgage or other security, comply with the following terms and conditions:—

(a) the tenant shall not allow any part of the rental payable in respect of the tenancy or any instalment or money payable in respect of the contract of sale or advance to remain unpaid after the time appointed for the payment;

(b) the tenant shall not become bankrupt or insolvent or do or omit to do anything that results in the land and dwelling-house which is the subject of the contract of sale or advance being seized in execution.

“(2.) For the purposes of the exercise by the Director of the power to determine a tenancy conferred upon him by section 30a of the Act, a tenant shall not be deemed to have failed to comply with the condition prescribed by paragraph (a) of the last preceding sub-regulation unless a part of the rental payable in respect of the tenancy or any instalment or money payable in respect of the contract of sale or advance has remained unpaid for three months after the time appointed for the payment.

Determination of tenancy.

“74c.—(1.) For the purposes of the determination of a tenancy under sub-section (2.) of section 30a of the Act, the Director shall serve upon the tenant a notice of determination of tenancy in accordance with Form B.

“(2.) A tenancy determined under sub-section (2.) of section 30a of the Act shall be deemed to have been determined at the time of the service of the notice referred to in the last preceding sub-regulation.

Notice of intention to apply for a warrant.

“74d. Where the Director has determined a tenancy under sub-section (2.) of section 30a of the Act and intends to make an application to the Court for a warrant under subsection (3.) of that section, the Director shall cause to be served upon the person who was the tenant under the tenancy a notice of intention to apply for a warrant, in accordance with Form C, not less than seven days before the day stated in the notice as the day on which the application will be made.

Service of notices.

“74e. A notice under this Part: may be served—

(a) by leaving a true copy of the notice with or tendering a true copy of the notice to—

(i) the tenant or the person who was the tenant under the tenancy, as the case requires; or

(ii) a person apparently over the age of sixteen years at the dwelling-house, the subject of the tenancy, and apparently an inmate of the dwelling-house;

(b) by affixing a true copy of the notice in a prominent position on the front or other door of the dwelling-house, the subject of the tenancy; or

(c) by posting a true copy of the notice in a prepaid registered letter addressed to the tenant or the person who was the tenant under the tenancy, as the case requires, at the dwelling-house, the subject of the tenancy.

Proof of service.

“74f. The service of a notice under this Part may be proved by an affidavit of service, in accordance with Form CA, indorsed on the notice.

Initiation of court proceedings.

“74g.—(1.) For the purpose of initiating proceedings for an application to a Court under sub-section (3.) of section 30a of the Act, the Director shall cause the notice of intention to apply for a warrant and the affidavit of service to be left with the clerk of the Court at least two days before the day specified in the notice as the day upon which the application is to be made.

“(2.) Where a notice and affidavit are left with the clerk of the Court in pursuance of the last preceding sub-regulation, the application shall be included in the list of matters to be dealt with by the Court on the day specified in the notice as the day upon which the application is to be made.

Form of warrant.

“74h. A warrant issued under sub-section (3.) of section 30a of the Act shall be in accordance with Form D.”.

Service of notices.

11.  Regulation 76 of the War Service Homes Regulations is amended by omitting the words “Any notice” and inserting in their stead the words “Except as provided in regulation 74e of these Regulations, any notice”.

Evidence in proceedings under section 30a.

12.  Regulation 78 of the War Service Homes Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “(whether before or after the commencement of this regulation)”; and

(b) by omitting paragraphs (b), (c) and (d) of that sub-regulation and inserting in their stead the following paragraphs:—

“(b) the person so named is in occupation of the dwelling-house and land; and

(c) the person so named failed to comply with a prescribed term or condition or a term or condition contained in the contract of sale, mortgage or other security in the respect or respects specified in the certificate.".

Forms.

13.  Regulation 82 of the War Service Homes Regulations is repealed and the following regulation inserted in its stead:—

“82. Strict compliance with the Forms in the Schedule to these Regulations is not necessary and substantial compliance is sufficient.”.

The Schedule.

14.—(1.) The Schedule to the War Service Homes Regulations is amended—

(a) by omitting Form A and inserting in its stead the following Form:—

Form A.

Regulations 57 and 57a.

Commonwealth of Australia.

War Service Homes Act 1918-1956.

CERTIFICATE OF INSURANCE No..

1.  The Director of War Service Homes has in pursuance of the War Service Homes Act 1918-1956 insured against the risks of fire, lightning, thunderbolt, flood, tempest, earthquake, explosion, riot, civil commotion, strikes, labour disturbances, burglary and house-breaking (including any attempt at burglary or house-breaking), bursting of boilers, hot-water pipes and heating apparatus, depreciation by borers and white ants in the first two years after the date of completion of, or the date on which the Director acquired an interest in, the dwelling-house, and impact of aircraft (including parts of, and objects falling from, aircraft) and of road vehicles, horses and cattle not belonging to, or under the control of, the assured or occupier or any member of the family of the assured or occupier, the property described in Column 6 of the Schedule hereto, and situated at the location shown in Column 2 of the said Schedule.

2.  The Insurance is for the benefit of the Director of War Service Homes and the person mentioned in Column 1 of the said Schedule, which person is hereinafter called the Assured.

3.  The amount of the Insurance is as shown in Column 6 of the said Schedule, which amount is made up in the manner shown in that Column. The amount of the first premium is as shown in Column 3 of the said Schedule and is for the period shown in that Column. The first premium is payable forthwith.

4.  Subsequent premiums, each of the amount shown in Column 4 of the said Schedule are payable annually by the Assured in advance, the first of such subsequent premiums being payable on or before the last date shown in Column 3 of the said Schedule.

5.  Premiums are payable to the Director of War Service Homes at the place specified in Column 5 of the said Schedule.

6.  Should the property be destroyed or damaged, notice in writing thereof shall forthwith be given by the Assured to the Director of War Service Homes at the place of issue of this Certificate.

7.  The Insurance commences on the first date shown in Column 3 of the said Schedule.

8.  The Insurance and the terms of this Certificate which are in addition to any other conditions specified in the Regulations for the time being in force under the War Service Homes Act 1918-1956 are subject to withdrawal, cancellation, variation or amendment at any time by the Director.

9.  The Insurance is effected subject in all respects to the War Service Homes Act 1918-1956 and any amendment thereof and to the Regulations in force for the time being thereunder.

10.  The Director may, if he thinks fit, in the case of damage or loss from flood or tempest which in his opinion does not exceed Two pounds in value, refuse to make good the damage or loss and, in the case of damage or loss from flood or tempest which exceeds Two pounds in value, deduct Two pounds from the amount otherwise payable to the Assured.

11.  No claim will be allowed in respect of damage by tempest to the interior of a dwelling-house unless the damage is caused by reason of a breach being made in the dwelling-house by the tempest.

12.  No explosive or dangerously inflammable substance shall, without the consent in writing of the Director, at any time be brought or left upon the property.

13.  The Assured shall give to the Director not less than three days' notice in writing before carrying on or permitting to be carried on any trade or manufacture in or upon the property or making any alteration in the manner in which a trade or manufacture is carried on in or upon the property.

14.  Whenever a change takes place in the purpose for which any premises adjoining the property are occupied, the assured shall forthwith notify the Director in writing of the change.

15.  The property shall not at any time be insured or kept insured otherwise than in pursuance of the War Service Homes Act 1918-1956 and any amendment thereof. This condition does not apply to an insurance effected or continued with the consent of the Director of War Service Homes, but if, at the time of any destruction, damage or liability arising under this insurance, there is any other insurance covering that destruction, damage or liability, or any part thereof, the Director of War Service Homes shall not be liable for more than his ratable proportion thereof.

16.  The Assured shall give to the Director of War Service Homes not less than three days' notice in writing before making any improvements, alterations or additions to the property. If the Assured fails to give such notice, the improvements, alterations and additions shall not, until the Director otherwise determines, be deemed to be insured in pursuance of the War Service Homes Act 1918-1956 for the benefit of the Assured.

SCHEDULE.

Previous Certificate Number (if any)

File No.

Column 1.	Column 2.	Column 3.			Column 4.	Column 5.
Insurance for the benefit of the Director of War Service Homes and	Location of property insured.	Particulars of first premium.			Amount of the annual premium.	Premiums payable at—
		Amount.	From.	To.
£ s. d.	£ s. d.

Column 6.

Description and Value of the Property Insured and Amount of the Insurance.
—	Walls.	Roof.	Value.
Main dwelling..................................................	£	s.	d.
Garage (if any).................................................
W.C. (if separate).............................................
Other buildings (if any)....................................
Tank and stand (if any)....................................................................................................
Fencing...........................................................................................................................
Amount (if any) equal to six months’ instalments by purchase or borrower to be added.......			£
Amount of the Insurance..................................................................................................			£

Issued at

Date of issue

Signature of Insurance Officer.

Signature of Director.

and

(b) by omitting Forms B and C and inserting in their stead the following Forms:—

Form B.

Regulation 74c.

War Service Homes Act 1918-1956.

NOTICE OF DETERMINATION OF TENANCY.

To

of

Take notice that the Director of War Service Homes in pursuance of the powers conferred upon him by Section 30a of the War Services Homes Act 1918-1956 hereby determines your tenancy under the said Act of the dwelling-house and land situate at

by reason of

Insert briefly the breach of terms or conditions upon which the Director relies.

And take notice that you are hereby required forthwith to quit and deliver up the said dwelling-house and land to the said Director.

Dated the day of , 19 .

Director of War Service Homes.

Form C.

Regulation 74d.

War Service Homes Act 1918-1956.

NOTICE OF INTENTION TO APPLY FOR A WARRANT UNDER SECTION 30a OF THE ACT.

To

of

Take notice that if possession of the dwelling-house and land situate at

is not delivered up to the Director of War Service Homes before the day of , 19 , the Director intends to make an application under sub-section (3.) of section 30a of the Act to the Court, at , a court of summary jurisdiction, at the hour of in the noon on that day or so soon thereafter as the Director may be heard for the issue of a warrant requiring such person as the court thinks fit to enter into the dwelling-house and land and to give possession of the same to the Director.

Dated this day of , 19 .

Director of War Service Homes.

Form Ca.

Regulation 74f.

In the Court

at

in the State of

AFFIDAVIT OF SERVICE.

I, of in the State of

make oath and say that I served the within-named with a true copy of the within notice by—

Omit the words and clauses which are not applicable.

(a) leaving it with or tendering it to the said

at

(b) leaving it with or tendering it to a person apparently over the age of sixteen years at the within-described dwelling-house and apparently an inmate of the within-described dwelling-house

(c) affixing it in a prominent position on the door of the within-described dwelling-house

(d) posting it in a prepaid registered letter at the Post Office at ,

in an envelope addressed as follows:—

and by affixing all necessary postage to the envelope and paying all necessary fees for the registration,

on the day of , 19 , at the hour of o'clock in the noon.

Signed and sworn at in the said State the

day of , 19 .

Before me—

A Justice of the Peace.

(2.) Subject to the succeeding provisions of this regulation, where the Director has issued a certificate of insurance under the War Service Homes Regulations before the commencement of this regulation, the terms of that certificate of insurance shall continue to be conditions of the insurance (in addition to any other conditions specified in the War Service Homes Regulations).

(3.) The Director may, at any time after the commencement of this regulation, issue a certificate of insurance in accordance with the Form inserted by sub-regulation (1.) of this regulation in lieu of a certificate of insurance issued in accordance with the Form omitted by that sub-regulation.

(4.) On the issue of a certificate of insurance under the last preceding sub-regulation, the terms of that certificate shall be conditions of the insurance (in addition to any other conditions specified in the War Service Homes Regulations).

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.