National Security (Landlord and Tenant) Regulations (Amendment)

Legislation au C1945L00155 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1945. No. 155.

 

REGULATIONS 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 Regulations under the National Security Act 1939–1943.

Dated this twelfth day of October, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

H. P. LAZZARINI

for and on behalf of the Minister of State for Defence.

 

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

Administration.

1. Regulation 3 of the National Security (Landlord and Tenant) Regulations is amended by omitting the words “Trade and Customs” and inserting in their stead the words “Works and Housing”.

States to be bound.

2. Regulation 6 of the National Security (Landlord and Tenant) Regulations is repealed.

Application of Regulations.

3. Regulation 7 of the National Security (Landlord and Tenant) Regulations is amended by omitting from sub-regulation (4.) the words and figures “sub-regulation (3.) of regulation 15” and inserting in their stead the word, figures and letter “regulation 15b”.

4. Regulation 15 of the National Security (Landlord and Tenant) Regulations is repealed and the following regulations inserted in its stead:—

Rent of prescribed premises.

“15.—(1.) Except in the case of premises which were not in existence or were not leased on the prescribed date—

(a) the rent payable in respect of any prescribed premises (or in respect of goods leased with prescribed premises) in any part of the Commonwealth other than the State of

* Notified in the Commonwealth Gazette on 16th October, 1945.

† Statutory Rules 1945, No. 97.

5495.—Price 3d.


South Australia or the State of Western Australia shall not, in respect of any period after the commencement of this regulation and notwithstanding any term or covenant in any lease in force at any time after the commencement of this regulation, exceed the rent payable in respect of the prescribed premises (or in respect of the goods leased with the prescribed premises) at the prescribed date; and

(b) the rent payable in respect of any prescribed premises (or in respect of goods leased with prescribed premises) in the State of South Australia or the State of Western Australia shall not, in respect of any period after the date of publication in the Gazette of any order under sub-regulation (3.) of regulation 7 of these Regulations in respect of the State in which the prescribed premises are situated and notwithstanding any term or covenant in any lease in force at any time after that date, exceed the rent payable in respect of the prescribed premises (or in respect of the goods leased with the prescribed premises) at the prescribed date.

“(2.) The rent payable in respect of any prescribed premises in any part of the Commonwealth other than the State of South Australia or the State of Western Australia which were not in existence, or were not leased, on the prescribed date but were leased on the first day of March, 1945, (or in respect of goods leased with any such premises) shall not, in respect of any period after the commencement of this regulation, and notwithstanding any term or covenant in any lease in force at any time after the commencement of this regulation, exceed the rent actually paid in respect of the prescribed premises (or in respect of the goods leased with the prescribed premises) at the first day of March, 1945.

“(3.) Nothing in this regulation shall affect the operation of any determination.

“(4.) Until any rent fixed by virtue of sub-regulation (1.) or (2.) of this regulation is increased or decreased by a determination, the rent so fixed shall be the fair rent of the prescribed premises (or of the goods leased with the prescribed premises) in respect of which it is so fixed, notwithstanding any change of ownership or tenancy or in the nature or value of the services supplied by the lessor or in the goods leased with the premises.

Lessors may be required to furnish Statutory Declarations as to rent.

“15a.—(1.) Where the rent of any prescribed premises (or of any goods, leased with the prescribed premises) is fixed by virtue of sub-regulation (1.) or (2.) of the last preceding regulation, the lessee may, if the lessor of the premises was the lessor on the prescribed date, or on the first day of March, 1945, as the case may be, by notice require the lessor to furnish him with a statutory declaration as to the rent of the prescribed premises (or of the goods leased with the prescribed premises) on that date, and the lessor shall furnish a statutory declaration accordingly within seven days after the receipt by him of the notice.


“(2.) Notice to the agent of the lessor shall be sufficient notice to the lessor.

“(3.) Where any lessor is a body (whether corporate or unincorporate), any declaration which that lessor is required to furnish under sub-regulation (1.) of this regulation shall be made by some officer or member of the body having knowledge of the facts.

Application of Division.

“15b. Where in any State or Territory the powers conferred by these Regulations on the Controller or Fair Rents Board may be exercised in relation to certain prescribed premises (including goods leased therewith) only, or to a limited class of prescribed premises (including goods leased therewith) only, the provisions of this Division shall apply, in that State or Territory, to those prescribed premises, and to goods leased therewith, only or to that limited class of prescribed premises, and to goods leased therewith, only.”.

 

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

Overview

The Statutory Rules 1945 No. 155, Regulations under the National Security Act 1939–1943, were introduced to address the need for stricter rent control measures in Australia during the post-World War II period. The regulations were made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and were intended to stabilise the rental market and prevent excessive rent increases. These regulations amended and repealed previous provisions under the National Security (Landlord and Tenant) Regulations, updating the administration and application of rent control measures to reflect the changing circumstances of the time. The primary policy objective of these regulations was to ensure that rents for certain prescribed premises and goods leased with those premises did not exceed the rates set on specific dates, namely the prescribed date or 1 March 1945, depending on the circumstances. This aimed to provide security and stability for tenants while also addressing the economic conditions of the period. The regulations also introduced provisions for lessors to furnish statutory declarations regarding the rent of prescribed premises to provide transparency and accountability in the rent-setting process.

Scope and Application

The Statutory Rules of 1945, No. 155, made under the National Security Act 1939–1943, pertain to the regulation of rent for prescribed premises within the Commonwealth of Australia. These regulations are particularly concerned with limiting rent increases for certain properties that were either in existence or leased on a specific prescribed date. The application of these regulations varies by state, with distinct rules for properties in South Australia and Western Australia compared to other parts of the Commonwealth. For properties not in existence or leased on the prescribed date but subsequently leased by 1 March 1945, the rent is fixed at the rate paid on that date. Furthermore, lessors are obligated to provide statutory declarations regarding the rent paid on the prescribed date if required by the lessee, with such declarations to be made by an authorised officer or member of a corporate body. These regulations apply nationally but are subject to specific conditions and limitations within each state and territory as outlined in the provisions.

Key Provisions

The Statutory Rules 1945, No. 155 amends the National Security (Landlord and Tenant) Regulations under the National Security Act 1939–1943. Regulation 3 of the existing regulations is amended to change the department responsible for enforcement from Trade and Customs to Works and Housing (section 1). Regulation 6 is repealed (section 2). Regulation 7 is amended to update a reference within sub-regulation (4) from "sub-regulation (3.) of regulation 15" to "regulation 15b" (section 3). Regulation 15 is repealed and replaced with new regulations (section 4). The new regulations establish a cap on rent for "prescribed premises" (premises leased for certain purposes) throughout the Commonwealth, except for South Australia and Western Australia. For these states, the cap on rent takes effect after a published order. For premises not in existence or leased on the "prescribed date," the rent cap applies after the commencement of the regulations, with a specific date noted for South Australia and Western Australia (section 4(1)). The new rent cap regulations also apply to premises leased after 1 March 1945 in states other than South Australia and Western Australia (section 4(2)). These new rent caps apply regardless of any terms or covenants in existing leases (section 4(1)(b) and (2)(b)). The rent caps remain in effect until changed by a determination, and during this time they are considered the "fair rent" of the premises (section 4(4)). Lessors must provide a statutory declaration of the rent on the prescribed date if requested by the lessee (section 4(15a)). The regulations apply to prescribed premises and goods leased with those premises in states or territories where the powers of the Controller or Fair Rents Board are limited to certain premises or classes of premises (section 4(15b)). This means that the rent controls and other provisions of the regulations apply only to the specified premises and goods in those states or territories. Breach of the regulations may result in civil or criminal consequences, although the specific penalties are not detailed in the provided text. The regulations are designed to control rent increases during a period of national security, likely to prevent inflation and maintain affordability for tenants during a time of economic strain.

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