STATUTORY RULES
1941. No. 324.
REGULATION 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 Regulation under the National Security Act 1939-1940.
Dated this twenty-ninth day of December, 1941.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. V. EVATT
for and on behalf of the Minister of State for Defence Co-ordination.
Amendment of the National Security (Housing of War Workers) Regulations.†
Provisions with respect to ledgers.
After regulation 8 of the National Security (Housing of War Workers) Regulations the following regulation is inserted:—
“8a.—(1.) Where any person, being a war worker who is the holder of a certificate under regulation 5 of those Regulations, or the wife or child of any such war worker, is a lodger at any premises in a prescribed area, the occupier of the premises shall not, without reasonable cause (proof whereof shall lie upon him), refuse to continue to provide lodging for that person on the existing terms and conditions, whether as to remuneration for the lodging or otherwise.
“(2.) An occupier shall be deemed to have reasonable cause for refusing to continue to provide lodging for any such person where that person—
(a) fails to pay the remuneration therefor;
(b) wilfully causes damage to the property of the occupier or of any other person residing in the premises; or
(c) behaves on the premises in an offensive manner.”.
* Notified in the Commonwealth Gazette on 20th December, 1041.
† Statutory Rules 1941, No. 169, as amended by Statutory Rules 1941, No. 207.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
8462.—Price 3d.
Overview
The Statutory Rules 1941, No. 324, are Regulations made under the National Security Act 1939-1940, designed to address the logistical and housing challenges arising from the war effort during World War II. Enacted by the Governor-General in Council under the authority granted by the Commonwealth Parliament, these Regulations seek to ensure that war workers and their immediate families, who have been certified under the National Security (Housing of War Workers) Regulations, are not unjustly denied housing in prescribed areas. This measure aims to maintain stability and continuity in the workforce critical to the national security effort by preventing disruptions in the housing of essential workers. The policy objective is to provide a safeguard for war workers and their families, ensuring they are not left homeless due to arbitrary actions by occupiers, while also protecting the rights of property owners and other residents.
Scope and Application
The Statutory Rules 1941, No. 324, made under the National Security Act 1939-1940, specifically amend the National Security (Housing of War Workers) Regulations to address the housing of war workers and their families in prescribed areas. This regulation applies to war workers holding a certificate under regulation 5 of the aforementioned Regulations and their immediate family members, such as wives and children. The regulation mandates that an occupier of premises in a prescribed area must continue to provide lodging to these individuals under the existing terms and conditions, unless there is reasonable cause for refusal, which includes non-payment of rent, property damage, or offensive behaviour. This legislative instrument underscores the Commonwealth’s commitment to ensuring housing stability for war workers during a period of national emergency. The regulation's application is confined to the prescribed areas specified within the broader framework of the National Security Act 1939-1940, with any further delineation of these areas left to subsequent subordinate instruments or administrative decisions.
Key Provisions
The legislative instrument C1941L00324, issued under the National Security Act 1939-1940, introduces specific provisions to support war workers and their families during times of national emergency. One of the main operative sections, regulation 8a, stipulates that occupiers of premises in prescribed areas must not refuse to continue providing lodging to war workers, their spouses, or children without reasonable cause (section 8a(1)). This means that if a war worker or their immediate family is renting a room in a specified area, the landlord must continue to provide the lodging unless certain conditions are met. Reasonable cause for refusal includes failure to pay rent, wilful damage to property, or offensive behaviour (section 8a(2)).
This Act imposes several obligations on the parties involved. For instance, war workers, their spouses, and children have the protected right to continue residing in their current lodgings unless the conditions mentioned above apply. On the other hand, occupiers must provide continued lodging unless they have justifiable reasons to terminate the agreement. Furthermore, occupiers must be prepared to provide proof of any reasonable cause they assert for refusal (section 8a(1)).
Failure to comply with the provisions of regulation 8a may result in various consequences. While the specific penalties are not detailed in the provided text, breaches of regulations under the National Security Act 1939-1940 can typically lead to civil or criminal liability. In the context of this regulation, occupiers who unjustly refuse to provide lodging might face legal action from the affected war workers or their families. Additionally, the act could encompass broader penalties as stipulated in the overarching legislation, which might include fines or other civil remedies. It is important to note that the exact nature and extent of penalties would depend on further provisions and interpretations under the National Security Act 1939-1940.