National Security (Landlord and Tenant) Regulations (Amendment)

Legislation au C1946L00098 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1946. No. 98.

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REGULATIONS UNDER THE NATIONAL SECURI\TY ACT 1939-1946.*

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 1939-1946.

Dated this twelfth day of June, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

H. P. LAZZARINI

for and on behalf of the Minister of

State for Defence.

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Amendments of the National Security (Landlord and Tenant) Regulations.†

Application of Regulations.

1. Regulation 7 of the National Security (Landlord and Tenant) Regulations is amended—

(a) by inserting in sub-regulation (2.), after the figures “IV.”, the—words “and regulation 11,”;

(b) by inserting in sub-regulation (3.), after the word “Regulations” (first occurring), the words “(other than regulation 11)”; and

(c) by adding at the end thereof the following sub-regulation:—

“(5.) The Minister may, by order published in the Gazette, declare that any premises, or the premises included in any class of premises, shall be excluded from the operation of these Regulations or of such of the provisions of these Regulations as are specified in the order, and thereupon those premises, or premises of that class, shall be excluded accordingly”.

Rent of prescribed premises.

2. Regulation 15 of the National Security (Landlord and Tenant) Regulations is amended by inserting in sub-regulation (4.), after the word “notwithstanding”, the words “any alterations, additions, repairs or renovations to the prescribed promises (whether structural or otherwise) or”.

 

* Notified in the Commonwealth Gazette on 18th June, 1946.

† Statutory Rules 1945, No. 97, as amended by Statutory Rules 1945, No. 155; and 1946, Nos. 4 and 48.

2832.—Price 3d.


Appeal from determination.

3. Regulation 26 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-regulation (1.) the word “seven” and inserting in its stead the word “fourteen”.

Effect of determination.

4. Regulation 31 of the National Security (Landlord and Tenant) Regulations is amended by inserting in sub-regulation (1.), after the word “notwithstanding”, the words “any alterations, additions, repairs or renovations to the prescribed premises (whether structural or otherwise) or”.

Certain payments prohibited.

5. Regulation 33 of the National Security (Landlord and Tenant) Regulations is amended by omitting from paragraph (a) of sub-regulation (1.) the words “a dwelling-house or, except with the consent of a Fair Rents Board, any other prescribed premises” and inserting in their stead the words “any prescribed premises (including any dwelling house), except with the consent of a Fair Rents Board or in pursuance of a term of a transaction which has been consented to by the Treasurer or his delegate in pursuance of the National Security (Economic Organization) Regulations”.

Records of rent.

6. Regulation 51 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-regulation (2.) all the words commencing with the words “make the record” to the end of the sub-regulation and inserting in their stead the words “, when requested by any tenant of the prescribed premises or by an authorized officer so to do, make the record available, within fourteen days after such request, for inspection by that tenant or authorized officer, as the case may be.”.

Period of notice to quit.

7. Regulation 59 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (2.) the word, symbols and letter “or (c)” and inserting in their stead the symbols, letters and word “(e ) or (f)”.

Power to stay proceedings or orders.

8. Regulation 64 of the National Security (Landlord and Tenant) Regulations is amended by adding at the end thereof the following paragraph:—

“or (c) where a warrant of execution has been issued, and whether the warrant has expired or not, from time to time extend the period stated in the warrant for the execution thereof—

(i) if the court is satisfied that, because of the illness of the lessee or for other sufficient cause, it is or has been impracticable for the officer to whom the warrant is directed to execute the warrant within the period stated therein—for such period as it thinks fit; or

(ii) if the court is not so satisfied—for a period not exceeding seven days from the date on which the extension is granted”.


9. After regulation 64 of the National Security (Landlord and Tenant) Regulations the following regulation is inserted:—

Certain applications to operate as stay of execution.

“64a.—(1.) An application to stay or suspend the execution of, or to vary, discharge or rescind, any judgment or order referred to in the last preceding regulation, or to postpone the date for recovery of possession or for ejectment specified in any such judgment or order, shall, when filed with the proper officer of the court, stay the execution of any warrant and operate to postpone the date for recovery of possession of the prescribed premises or for the ejectment of the lessee until the court has heard the application.

“(2.) Notwithstanding anything contained in paragraph (c) of the last preceding regulation, the court may, on the hearing of any such application, extend for such period as it thinks fit the period stated in any warrant for the execution thereof (whether the warrant has expired or not).

“(3.) Where, in respect of any proceedings referred to in regulation 63 of these Regulations, the court has refused to grant an application of any of the kinds referred to in sub-regulation (1.) of this regulation, no further application of any of those kinds shall be made in respect of those proceedings except with the leave of the court.”

Protection of sub-tenants.

10. Regulation 73 of the National Security (Landlord and Tenant) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(2.) Where, prior to the lessor of any prescribed premises giving notice to quit to the lessee upon any of the grounds specified in sub-regulation (5.) of regulation 58 of these Regulations, the lessee of the prescribed premises has sub-let the whole or any part thereof—

(a) the lessee shall, upon service of the notice to quit, forthwith notify the lessor in writing of the name and address of each person to whom he has so sub-let and who is a sub-lessee of the prescribed premises or any part thereof at the date of service of the notice to quit;

(b) the lessor shall, upon taking proceedings for the recovery of possession of the prescribed premises or for the ejectment of the lessee therefrom, file the notice given to him under this regulation with the proper officer of the court in which the proceedings arc taken; and

(c) the proper officer of the court shall thereupon give notice by registered post to each person specified in the notice, at the address so specified, of the date of hearing of the proceedings by the court.

“(3.) On the hearing of any proceedings by a lessor for an order for the recovery of possession of any prescribed premises or for the ejectment of the lessee therefrom, every person who is a sub-lessee of such promises or any part thereof shall be entitled to be heard”.


Information to be furnished on request.

11. Regulation 83 of the National Security (Landlord and Tenant) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(4.) A person shall be deemed to have failed to furnish information required of him under this regulation if he does not furnish the information—

(a) in the case of a requirement in writing—within fourteen days after receipt by him of the requirement; or

(b) in the case of an oral requirement—within fourteen days after the day upon which the requirement is made.

“(5.) A requirement under this regulation may be served by post on the person on whom it is made at his last-known place of abode or business.”.

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

Overview

The Statutory Rules 1946, No. 98, titled "Regulations Under the National Security Act 1939-1946," was introduced by the Governor-General on behalf of the Federal Executive Council to address issues arising from the regulation of landlord and tenant relationships in the context of national security. The aim of these regulations is to amend the National Security (Landlord and Tenant) Regulations to provide greater flexibility and control over the enforcement of rent controls and evictions during a time of national crisis. These amendments reflect the policy objective of ensuring that the enforcement of these regulations does not unduly impede the execution of national security measures, while also providing adequate protections for tenants. The regulations allow for the exclusion of certain premises from the application of the rules, adjustments in the appeal period for tenants, and measures to protect sub-tenants from abrupt evictions.

Scope and Application

The National Security (Landlord and Tenant) Regulations, made under the National Security Act 1939-1946, primarily apply to landlords and tenants of prescribed premises within the Commonwealth of Australia. These regulations govern the conduct and transactions concerning rent, notice to quit, and other tenancy-related matters, particularly during times of national security. The amendments detailed in the Statutory Rules of 1946, No. 98, modify various regulations to enhance the control over the rental market and provide additional protections to tenants. Notably, the regulations allow for the exclusion of certain premises from their operation, the extension of time limits for appeals and execution of warrants, and the specification of conditions under which certain payments are prohibited. Furthermore, the Minister has the authority to issue orders that can exclude specific premises or classes of premises from the regulations' purview. These regulations extend their reach nationally, impacting all relevant persons and entities within the Commonwealth of Australia.

Key Provisions

The primary sections of these Regulations under the National Security Act 1939-1946 modify several provisions of the National Security (Landlord and Tenant) Regulations, which are central to the governance of tenancy agreements for prescribed premises during times of national security. Regulation 7 is amended to include Regulation 11 in its scope and to specify that certain provisions do not apply to Regulation 11, except as otherwise ordered by the Minister (Regulation 1(a)-(c)). Rent for prescribed premises is now capped, prohibiting any increases due to alterations, additions, repairs, or renovations (Regulation 2). The appeal period for certain determinations is extended from seven to fourteen days (Regulation 3). The effect of certain determinations is also altered to account for structural changes to the premises (Regulation 4). Certain payments are now strictly prohibited unless approved by a Fair Rents Board or the Treasurer (Regulation 5). Landlords must make rental records available for inspection by tenants or authorized officers upon request (Regulation 6). The notice period for tenants to vacate is adjusted (Regulation 7). Courts are granted extended powers to stay proceedings and orders, especially where a warrant of execution is involved (Regulations 8 and 8a). Sub-tenants are protected by requiring landlords to notify them of impending eviction proceedings and allowing them to be heard in court (Regulation 10). Tenants are mandated to furnish information to landlords or authorized officers within specified timeframes (Regulation 11). These Regulations impose several obligations on landlords and tenants of prescribed premises. Landlords must adhere to the amended rent regulations, provide rental records for inspection, and notify sub-tenants of impending eviction proceedings. Tenants must furnish required information to landlords or authorized officers within fourteen days of a written or oral request. Sub-tenants must be notified by landlords of impending eviction proceedings and have the right to be heard in court. Additionally, the Minister has the authority to exclude specific premises from the operation of these Regulations by order in the Gazette. Breaches of these Regulations can lead to various civil and criminal consequences. For instance, failure to comply with the rent cap, or making prohibited payments, could result in legal action or fines. Non-compliance with the information furnishing requirement could also attract penalties. Specific offences and their penalties are not detailed in the Regulations but would typically be addressed under the broader National Security Act 1939-1946, which could include fines or imprisonment depending on the severity of the breach.

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