STATUTORY RULES.
1942. No. 412.
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-ninth day of September, 1942.
(Sgd.) GOWRIE
Governor-General.
By His Excellency’s Command,
R V Keane
for and behalf of the
Minister or State for Defence.
AMENDMENTS OF THE NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS.†
Definitions.
1. Regulation 4 of the National Security (Landlord and Tenant) Regulations is amended by inserting in the definition of “prescribed premises”, after the word “farm” (second occurring), the words “and any premises, or the premises included in any class of premises, declared by the Minister, by order published in the Gazette, to be excluded from the operation of these Regulations”.
Application for determination of fair rent.
2. Regulation 9 of the National Security (Landlord and Tenant) Regulations is amended by inserting before paragraph (a) of sub-regulation (8.) the following paragraphs:-
“(aa) the justice and merits of the case and the circumstances and conduct of the parties;
“(ab) any hardship which would be caused to the lessor or lessee or any other person by the making of a determination increasing or reducing the rent of the premises, or of the premises together with goods leased therewith, including (but without limiting the generality of the word ‘hardship’) any loss which might be imposed upon the lessor by a determination of the rent or the premises at amount less than the lessor’s liability under a mortgage of, or contract of sale respect of, the premises, or under a hire purchase agreement or contract of sale in respect of any goods leased with the premises;”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1941, No. 275 as amended by Statutory Rules 1941, Nos. 286 and 321; and 1942, Nos. 14, 74 and 112.
Effect of determination.
3. Regulation 13 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-regulation (2.) the word “three” and inserting in its stead the word “seven”.
Representation by agent etc.
4. Regulation 25 of the National Security (Landlord and Tenant) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:-
“(3.) The agent shall not be a barrister or solicitor, or a clerk of a barrister or solicitor, unless -
(a) all parties or persons affected consent thereto;
(b) the Attorney-General has intervened by counsel; or
(c) one of the parties to the proceedings is a barrister or solicitor.”.
Overview
The Statutory Rules 1942 No. 412, made under the National Security Act 1939-1940, were introduced to address the need for amendments to the National Security (Landlord and Tenant) Regulations, particularly in response to the exigencies of wartime conditions. Enacted by the Governor-General in Council, these regulations aimed to provide a more flexible and equitable approach to rent determinations for prescribed premises, which now included any premises declared by the Minister to be excluded from the operation of these Regulations. The policy objective was to consider the justice and merits of each case and to mitigate any potential hardship to either party involved in the lease, particularly in relation to financial obligations such as mortgages or contracts of sale. This legislative instrument sought to ensure that the determination of fair rent was not only fair but also took into account the broader implications on the involved parties.
Scope and Application
These regulations amend the National Security (Landlord and Tenant) Regulations under the National Security Act 1939-1940, applying to landlords, tenants, and agents involved in residential and commercial leases across the Commonwealth of Australia. They specifically target the determination of fair rent in rental disputes, allowing for a broader consideration of the justice and merits of the case, as well as the potential hardship on all parties involved. The changes also extend the period for which a determination of fair rent remains in effect from three to seven years. The regulations further stipulate that agents representing parties in such proceedings must not be barristers or solicitors unless all parties consent, the Attorney-General intervenes, or one of the parties is a legal practitioner. Certain premises may be excluded from these regulations by order of the Minister, published in the Gazette.
Key Provisions
The Regulations, made under the National Security Act 1939-1940, amend the National Security (Landlord and Tenant) Regulations by introducing changes to the definition of "prescribed premises" (Reg. 1), expanding the criteria for determining fair rent (Reg. 2), modifying the effect of rent determinations (Reg. 3), and altering the rules for representation by agents (Reg. 4). The primary purpose of these amendments is to address specific issues related to the regulation of rental agreements during a period of national security concerns.
These Regulations impose obligations on landlords and tenants to adhere to the newly established criteria when applying for rent determinations. For example, landlords and tenants must consider the justice and merits of the case, as well as any potential hardship caused by rent adjustments, when making their applications (Reg. 2(aa), (ab)). Additionally, agents representing either party in rent determination proceedings must not be barristers or solicitors, unless all affected parties consent, the Attorney-General has intervened by counsel, or one of the parties is a barrister or solicitor (Reg. 4(3)).
Breach of these Regulations may result in civil or criminal consequences, depending on the nature and severity of the offence. However, the specific penalties for non-compliance are not outlined in the Regulations themselves, and would likely be determined by the relevant courts or tribunals in the context of individual cases. The primary focus of these Regulations is to provide clarity and guidance to landlords and tenants in navigating the complexities of rental agreements during a time of national security concerns.