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

Legislation au C1942L00017 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 17.

 

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 twenty-eighth day of January, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of State for Defence Co-ordination.

 

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

Definitions.

1.—(1.) Regulation 4 of the National Security (Housing of War Workers) Regulations is amended by inserting in the definition of “prescribed area”, after the word “which” the words “Part II. of”.

(2.) Each order made by the Minister prior to the date of the commencement of this regulation and in force on that date specifying an area to be an area in relation to which the National Security (Housing of War Workers) Regulations shall apply shall have effect as if the order had specified the area to be an area in relation to which Part II. of those Regulations shall apply.

2. Regulation 6 of the National Security (Housing of War Workers) Regulations is repealed and the following regulation inserted in its stead:—

Application of certain provisions of National Security (Landlord and Tenant) Regulation.

“6. The provisions of the National Security (Landlord and Tenant) Regulations relating to the termination of tenancies, the recovery of the possession of premises and the ejectment of tenants from premises, and any provisions incidental to those provisions, shall extend to every dwelling-house in a prescribed area of which a war worker is the tenant.”.

 

* Notified in the Commonwealth Gazette on 28th January, 1942.

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

437.—Price 3d.


Rent of dwelling houses let to war workers.

3. Regulation 8 of the National Security (Housing of War Workers) Regulations is amended—

(a) by inserting in sub-regulation (1.) after the words “in pursuance of” the words “this Part of”; and

(b) by inserting after sub-regulation (3.) the following sub-regulation:—

“(4.) The first determination of the fair rent of any such dwelling-house made after the date on which a war worker becomes a tenant thereof may be expressed to have effect as from that date, and, if so expressed, shall have effect accordingly.”.

Provisions with respect to lodgers.

4. Regulation 8a of the National Security (Housing of War Workers) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where the occupier of premises in a prescribed area refuses, without reasonable cause (proof whereof shall lie upon him), to continue to provide lodging for a war worker, or the wife or child of a war worker, in those premises, the occupier of the premises shall not thereafter accept as a lodger any person (not being a person already provided with lodgings in those premises) unless that person is a war worker who is the holder of a certificate under regulation 5 of these Regulations, or is the wife or child of such a war worker, and then only on terms and conditions not less favorable to the lodger than the terms and conditions, whether as to remuneration for the lodging or otherwise, on which lodging was provided to the lodger whose lodging has been discontinued.”; and

(b) by omitting from paragraph (a) of sub-regulation (2.) the word “the” and inserting in its stead the word “reasonable”.

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

Premises occupied by war workers not to be sold without consent.

“8b.—(1.) The owner of premises to which this regulation applies shall not enter into a contract or agreement to sell the premises by which the purchaser is entitled to vacant possession thereof unless he has first given notice to a person specified in sub-regulation (1.) of regulation 5 of these Regulations of his intention to do so and has received the consent in writing of such a person to the contract or agreement.

“(2.) A contract or agreement entered into in contravention of these Regulations shall not thereby be invalidated but nothing in this sub-regulation shall affect the liability of any person to any penalty in respect of any contravention of this regulation.

“(3.) In this regulation ‘premises to which this regulation applies’ means premises in a prescribed area in which a war worker or the wife or child of a war worker, was resident (whether as a tenant or as a lodger) on the first day of January, 1942.”


Membership of Trust.

6. Regulation 11 of the National Security (Housing of War Workers) Regulations is amended by omitting from paragraph (b) of sub-regulation (1.) the word “four” and inserting in its stead the word “six”.

7. After regulation 24 of the National Security (Housing of War Workers) Regulations the following regulation is inserted:—

Letting of dwelling houses to war workers by South Australian Housing Trust.

“24a. Notwithstanding anything contained in the South Australian Housing Trust Act, 1936–1940 of the State of South Australia, or in any Act amending or in substitution for that Act—

(a) the power of the South Australian Housing Trust (in this regulation referred to as ‘the Trust’) to let any house to a war worker shall not be affected—

(i) by the income of the war worker; or

(ii) by the fact that the war worker owns a dwelling house or can, in the opinion of the Trust, otherwise obtain a house;

(b) subject to the provisions of the National Security (Landlord and Tenant) Regulations, the Trust may let any house to a war worker at such rent as the Trust thinks fit; and

(c) in the application of the proviso to paragraph (c) of sub-section (1.) of section 27 of that Act, houses let to war workers by virtue of this regulation shall not be taken into account,”.

 

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

Overview

The Statutory Rules 1942 No. 17, titled "Regulations under the National Security Act 1939–1940," was enacted by the Governor-General in Council to address the housing needs of war workers during World War II. This legislative instrument amends the National Security (Housing of War Workers) Regulations to ensure that the housing provisions are effectively managed and enforced. The policy objective of these regulations is to safeguard the housing rights and living conditions of war workers, their spouses, and children, ensuring they are not subjected to unfair housing practices during a time of national emergency. The Regulations provide for the control of rent, the prohibition of the sale of premises without consent, and the management of lodging situations, among other provisions, to support the war effort by maintaining the stability and well-being of war workers.

Scope and Application

The Statutory Rules 1942, No. 17 made under the National Security Act 1939–1940, pertains specifically to regulations concerning the housing of war workers during World War II. These regulations apply to war workers, their families, and landlords within designated prescribed areas in Australia, with the aim of ensuring stable housing for those involved in war efforts. The geographic reach of these regulations is nationwide, as they apply across different states, including South Australia, where the South Australian Housing Trust is specifically mentioned. The regulations provide detailed provisions on the terms of tenancy, fair rent determination, and the prohibition of certain actions such as the sale of premises without consent when occupied by war workers or their families. Additionally, the regulations extend their application through subordinate instruments, modifying existing regulations and introducing new ones to address specific issues pertinent to the war effort, such as the South Australian Housing Trust's ability to let houses to war workers irrespective of their income or housing ownership status. These provisions collectively aim to support war workers by providing them with stable and accessible housing.

Key Provisions

The primary operative sections of this Statutory Rules document amend the National Security (Housing of War Workers) Regulations. These amendments are significant in the context of regulating housing for war workers during wartime. For instance, Section 1 amends the definition of "prescribed area" to ensure that specific orders made by the Minister apply to Part II of the Regulations. Section 2 replaces Regulation 6 to extend certain provisions from the National Security (Landlord and Tenant) Regulations to dwelling houses in prescribed areas where war workers are tenants. Section 3 modifies Regulation 8 to allow the fair rent determination for a dwelling house to be backdated to the date a war worker becomes a tenant. Section 4 amends Regulation 8a to prohibit occupiers from refusing to provide lodging to war workers without reasonable cause and to require any new lodgers to be on terms not less favourable than those previously provided. Section 5 introduces Regulation 8b, which mandates that owners of premises in prescribed areas must obtain written consent before selling if a war worker or their family resided there as of January 1, 1942. Section 6 increases the membership of the Trust from four to six, while Section 7 adds Regulation 24a to allow the South Australian Housing Trust to let houses to war workers without regard to their income or ownership of other housing. These regulations impose various obligations on parties involved in housing war workers. For example, occupiers of premises in prescribed areas must provide lodging to war workers or their families and cannot refuse to do so without reasonable cause. Owners of premises in prescribed areas must obtain consent before selling if a war worker or their family resided there as of January 1, 1942. The South Australian Housing Trust is permitted to let houses to war workers irrespective of their income or ownership of other housing. Additionally, the Trust's power to let houses to war workers is not affected by state legislation. Failure to comply with these regulations can result in various consequences. While Section 2(2) states that a contract or agreement entered into in contravention of Regulation 8b is not invalidated, it does not affect the liability of any person to any penalty for the contravention. The document does not specify the exact nature or extent of these penalties, but it is clear that breaches of these regulations can lead to legal repercussions. The precise penalties would likely be detailed in the parent act or other relevant legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.