STATUTORY RULES.
1943. No. 185.
regulation under the national security act 1939-1943.*
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 1939-1943.
Dated this twenty-third day of July, 1943.
GOWRIE
Governor-General.
By His Excellency’s Command,
R. V. KEANE
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Landlord and Tenant) Regulations.†
After regulation 19 of the National Security (Landlord and Tenant) Regulations the following regulation is inserted:—
Lessor not to interfere with use or enjoyment of premises.
“19a.—(1.) The lessor of any prescribed premises shall not, without the consent of the lessee or without reasonable cause (proof whereof shall lie upon the lessor), do, or cause to be done, any act which interferes with or restricts the ordinary use or enjoyment by the lessee of the premises, or of any conveniences usually available to the lessee, or of any service supplied to, or provided in connexion with, the premises.
“(2.) For the purposes of this regulation, conveniences shall be deemed to be usually available to the lessee where, prior to the use of the conveniences having been interfered with or restricted without his consent, he has been allowed, at all times during the tenancy to use those conveniences as he desired or he has been allowed to use those conveniences at times agreed to by the lessor and lessee or at times equivalent to those times.
“(3.) This regulation shall apply in each State and in each Territory forming part of the Commonwealth.”.
* Notified in the Commonwealth Gazette on 24th July, 1943.
† Statutory Rules 1941, No. 275, as amended by Statutory Rules 1941, Nos. 286 and 321; 1942, Nos. 14, 15, 74, 112, 412, 456 and 551; and 1943, Nos. 12, 88, 91 and 163.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4301.—Price 3d.
Overview
Statutory Rules 1943 No. 185, made under the National Security Act 1939-1943, was enacted to address the need for stringent measures during wartime to protect the rights of tenants during times of national emergency. This legislative instrument was introduced by the Governor-General in Council, acting on the advice of the Federal Executive Council, and aimed to provide specific protections for tenants in prescribed premises. The policy objective was to ensure that lessors could not unreasonably interfere with the tenants' use or enjoyment of the premises or any related conveniences and services, thereby maintaining stability and security for those affected by the exigencies of war. This regulation was inserted to enhance the existing National Security (Landlord and Tenant) Regulations, thereby reinforcing the legislative framework to safeguard tenant rights during a critical period in Australia's history.
Scope and Application
This statutory rule, made under the National Security Act 1939-1943, introduces a regulation aimed at protecting the rights of lessees in prescribed premises by restricting the actions of lessors. Specifically, it prohibits lessors from interfering with or restricting the ordinary use or enjoyment of the premises, or any conveniences and services usually available to the lessee, unless there is consent from the lessee or reasonable cause. The regulation applies across each state and territory in Australia, ensuring a uniform approach to this aspect of landlord and tenant law. It is important to note that the regulation extends to any prescribed premises, which are likely defined in the parent Act or in other subordinate legislation, and does not specify exclusions or exemptions within the text itself, though these may be defined elsewhere. The regulation is an amendment to the National Security (Landlord and Tenant) Regulations, indicating that the scope and detail of its application may be further defined through subordinate instruments.
Key Provisions
The main operative section of this regulation (19a) mandates that a lessor of any prescribed premises must not interfere with or restrict the ordinary use or enjoyment by the lessee of the premises or any conveniences or services typically provided in connection with the premises, unless the lessee consents or there is reasonable cause, which must be proven by the lessor. This provision aims to safeguard the lessee's rights to enjoy the premises and any associated services without undue interference from the lessor. The definition of "conveniences" in subsection (2) further clarifies that these are typically available to the lessee if they have been used or agreed upon at specific times during the tenancy.
The Act imposes specific obligations on lessors to ensure that they do not interfere with the lessee's use and enjoyment of the premises. They must avoid any actions that could restrict the ordinary use of the property or any services connected to it, unless they have the lessee's consent or a justifiable reason. Additionally, the onus is on the lessor to prove any reasonable cause if they need to interfere with the lessee's rights. This requirement ensures that lessors act responsibly and respect the agreed terms of the tenancy, maintaining a balance between their rights and the lessee's rights.
Failure to comply with the provisions outlined in regulation 19a may result in legal consequences. Although the specific penalties for breach are not detailed in the provided text, breaches of tenancy regulations under the National Security Act 1939-1943 could potentially lead to civil or criminal actions. The lessee may seek remedies through the courts, which could include injunctions, damages, or other appropriate relief. The precise penalties would depend on the nature and severity of the breach, as well as the specific provisions of the broader legislative framework governing the tenancy agreement.