National Security (Housing of War Workers) Regulations (Amendment)

Legislation au C1942L00256 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 256.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1940.*

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 National Security Act 1939–1940.

Dated this fourth day of June, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

(Sgd.) E.J. WARD

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Housing of War Workers) Regulations.†

1. After regulation 5 of the National Security (Housing of War Workers) Regulations the following regulation is inserted:—

“Information as to vacant dwelling-houses.

5a.—(1.) The Minister, the Secretary of the Department of Labour and National Service, or any person authorized to give certificates under sub-regulation (1.) of the last preceding regulation, may serve a notice on any real estate agent requiring him to notify the person serving the notice in accordance with the provisions of the next succeeding sub-regulation.

“(2.) After the service of such a notice on a real estate agent, he shall—

(a) forthwith notify the person serving the notice of all dwelling-houses in a prescribed area which, prior to the date of service of the notice, he has been authorized to sell or let and are for sale or unlet at that date;

 

* Notified in the Commonwealth Gazette on , 1942.

† Statutory Rules 1941, No. 169, as amended by Statutory Rules 1941, Nos. 207 and 324; and 1942, No. 17.

3236.—Price 3d. 25/1.6.1942.


(b) whenever he is authorized after that date and before the notice is withdrawn to sell or let any dwelling-house in a prescribed area, forthwith notify the fact to the person serving the notice, and, if the authority is a continuing authority, whenever he becomes aware that a tenancy in respect of such dwelling-house is about to terminate or that the dwelling-house is about to become vacant, forthwith notify the fact to that person,

and shall furnish to the person serving the notice such information relating to any such dwelling-house as that person requires.”.

2. After regulation 8 of the National Security (Housing of War Workers) Regulations the following regulation is inserted:—

“Warrant to obtain possession of house.

8aa.—(1.) Where the owner of any dwelling-house who has been required under regulation 7 of these Regulations to let the dwelling-house to a war worker neglects or refuses to do so, a court of limited civil jurisdiction constituted by a Police, Stipendiary or Special Magistrate in the State or Territory in which the dwelling-house is situated (or, if the dwelling-house is situated in the State of Tasmania, a Court of Requests) may, on the application of the war worker, if the dwelling-house is vacant and unless the court is satisfied that the owner had reasonable cause for refusing to let the dwelling-house, grant a warrant authorizing such person or persons as are specified therein to deliver possession of the dwelling-house to the applicant.

“(2.) Upon delivery of possession of the dwelling-house to the applicant, the applicant shall be deemed to be a tenant of the owner of the dwelling-house.

“(3.) The rent to be paid for any dwelling-house of which possession is obtained under this regulation—

(a) where the rent is, as at the commencement of the tenancy, fixed by or under any law of the Commonwealth or of a State or determined by a fair rents board or court—shall be such rent, not exceeding the rent so fixed or determined, as is agreed between the landlord and the tenant or as, in default of agreement, is fixed by the court which granted the warrant; or

(b) in any other case, shall be the rent agreed upon between the landlord and the tenant or, in default of agreement, fixed by the court which granted the warrant,

but nothing in this sub-regulation shall be deemed to prevent the subsequent alteration, in accordance with any law in force in the State or Territory concerned, of any rent so agreed upon or fixed.

“(4.) Nothing in this regulation shall affect the liability of any person to any penalty in respect of any contravention of regulation 7 of these Regulations.”.

 

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

Overview

The National Security (Housing of War Workers) Regulations 1942 were enacted to address the urgent need for housing for war workers during World War II, as a legislative instrument under the National Security Act 1939–1940. Made by the Governor-General in Council, these regulations were intended to ensure that war workers had access to suitable accommodation, thereby supporting the war effort. The policy objective was to facilitate the efficient allocation of housing resources by requiring real estate agents to report on vacant properties and allowing courts to enforce tenancy agreements where necessary. The regulations provided mechanisms for obtaining information about vacant dwellings and issuing warrants for possession in cases of non-compliance, aiming to streamline the process of housing war workers effectively.

Scope and Application

The Regulations under the National Security Act 1939–1940 pertain to the Commonwealth of Australia and are aimed at addressing housing needs during wartime, specifically for war workers. These regulations apply to real estate agents and owners of dwelling houses within prescribed areas, compelling them to notify relevant authorities of vacant or soon-to-be-vacant properties and to provide necessary information to ensure war workers are housed. The regulations extend to the entire Commonwealth, encompassing all states and territories, including Tasmania which uses a Court of Requests for such applications. There are no stated exclusions or exemptions in these regulations, and the authority granted under the regulation can be exercised through subordinate instruments, which may further define or expand the scope of the regulations. These regulations do not specify any thresholds but focus on ensuring that war workers have access to necessary housing in a timely manner, thereby supporting the war effort through practical measures.

Key Provisions

The main provisions of the Regulations under the National Security Act 1939–1940 (Regulations) (C1942L00256) involve amendments to the National Security (Housing of War Workers) Regulations. Regulation 5a (subsection 1) allows the Minister, the Secretary of the Department of Labour and National Service, or any authorised person to serve a notice on a real estate agent requiring them to provide information about vacant dwelling-houses in a prescribed area (sub-regulation 2). Regulation 8aa provides that a war worker may apply to a court for a warrant to obtain possession of a dwelling-house from an owner who has been required to let the dwelling-house to the war worker but has neglected or refused to do so, provided the dwelling-house is vacant and the court is not satisfied that the owner had reasonable cause for refusal (subsection 1). The court may grant the warrant, and upon delivery of possession, the war worker becomes a tenant of the owner (subsection 2). The rent is to be agreed upon by the landlord and tenant or, in default of agreement, fixed by the court (subsection 3). The Regulations impose obligations on real estate agents to provide information about vacant dwelling-houses to authorised persons (Regulation 5a(2)) and on war workers to obtain possession of dwelling-houses from owners who have neglected or refused to let them (Regulation 8aa). Failure to comply with these obligations may result in civil or criminal consequences. The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, it can be inferred that there may be consequences for non-compliance with the obligations imposed by the Regulations, as failure to comply with the requirement to provide information about vacant dwelling-houses may result in the inability to obtain possession of a dwelling-house, and failure to comply with the requirement to let a dwelling-house to a war worker may result in the war worker obtaining possession of the dwelling-house through a court warrant. The maximum penalties for breach are not specified in the Regulations.

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National Security Law
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Reporting & Disclosure Obligations
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