National Security (Landlord and Tenant) Regulations (Amendment)

Legislation au C1948L00022 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1948. No. 22.

 

REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*

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 Defence (Transitional Provisions) Act 1946-1947.

Dated this twenty-fifth day of February, 1948.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

NELSON LEMMON

for and on behalf of the Minister of State for Post-war Reconstruction.

 

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

1. After regulation 5a of the National Security (Landlord and Tenant) Regulations the following regulation is inserted :—

Validation of Certain determinations.

“5b.—(1.) Subject to this regulation, every determination or variation of a determination made, or purporting to have been made, before the commencement of this regulation, by the Controller, or by a person acting or purporting to act as a delegate of the Controller, shall, from the commencement of this regulation, be as valid and effectual as if the amendments made by the Regulations by which this regulation was inserted had been in force at the time when the determination or variation was, or purported to be, made and at the time when any act or proceeding preliminary to the making, or purported making, of the determination or variation was done or taken by any person.

“(2.) Where, before the commencement of this regulation, any act or proceeding preliminary to the making by the Controller of a determination or variation of a determination has been, or has purported to be, done or taken by any person, the Controller may proceed to make a determination or variation as if the amendments made by the Regulations by which this regulation was inserted had been in force at the time when that act or proceeding was, or purported to be, done or taken.

“(3.) Nothing in this regulation shall give any force or effect to any purported determination or variation which has, before the commencement of this regulation, been adjudged by a competent court to be invalid.”.

 

*Notified in the Commonwealth Gazette on 26th February, 1948.

† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1945, No. 97, as amended by Statutory Rules 1945, No. 155; and 1946, Nos. 4, 48, 98, 185 and 186. These Regulations were further amended by Statutory Rules 1947, No, 31.

331.—Price 3d.


Effect of determination.

2. Regulation 21 of the National Security (Landlord and Tenant) Regulations is amended by omitting the word “Division” and inserting in its stead the word “Part”.

Repeal of reg. 22.

3. Regulation 22 of the National Security (Landlord and Tenant) Regulations is repealed.

4. Regulation 30 of the National Security (Landlord and Tenant) Regulations is repealed and the following regulation inserted in its stead:—

Variation of determination.

“30.—(1.) A determination may be varied—

(a) on application made in the same manner as an application to the Controller for a determination; or

(b) by the Controller of his own motion,

and the provisions of this Part relating to determinations shall, so far as applicable and mutatis mutandis, apply to and in relation to variations of determinations.

“(2.) During such period as is specified in the determination, or, if no period is so specified, during the period commencing with the date of the determination and ending twelve months after that date, an application shall not be made to vary a determination, or to determine the fair rent of prescribed premises, or of prescribed premises together with goods leased therewith, in respect of which a determination has been made, nor shall the Controller vary a determination of his own motion, except on the ground that—

(a) by an error or omission an injustice has been occasioned by the determination;

(b) increased outgoings or losses have been or will be incurred by the lessor by reason of the use made by the lessee of the premises since the date of the determination;

(c) the determination has been based on an incorrect estimate of the value of the premises or of goods leased therewith or of the services supplied by the lessor, or of premises of which the premises form part, or on an incorrect calculation, and by reason thereof an injustice has been occasioned by the determination;

(d) there has been a substantial alteration in the terms and conditions upon which the premises are leased;

(e) substantial alterations or additions have been made to the premises, to the goods leased therewith, or to the services supplied by the lessor, since the determination was made; or

(f) the value of the premises, of the goods leased therewith or of the services supplied by the lessor has materially decreased or increased since the determination was made.

“(3.) For the purposes of this regulation, any reference in regulation 17, 23 or 25 of these Regulations to notice of intention to make a determination shall be read as a reference to notice of intention to consider the making of a variation of a determination.”.

Effect of determination.

5. Regulation 31 of the National Security (Landlord and Tenant) Regulations is amended by omitting sub-regulation (2.).


6. After regulation 39 of the National Security (Landlord and Tenant) Regulations the following regulation is inserted:—

Controller not bound to conduct oral hearing.

“39a.—(1.) Before making a determination, or a variation of a determination, the Controller shall make a thorough investigation without regard to legal forms or solemnities, and may proceed to make the determination or variation without a formal or oral hearing of the persons interested or their representatives.

“(2.) This regulation shall not affect the right of any person to make representations to the Controller in writing, or the duty of the Controller to consider any such representations.”.

Restrictions on eviction

7. Regulation 58 of the National Security (Landlord and Tenant) Regulations is amended by inserting in sub-regulation (5.), after paragraph (i), the following paragraph :—

“(ia) that the lessor is a person, body or authority carrying on a hospital, or a trustee for such a person, body or authority, and the use of the premises is reasonably required for the purposes of the hospital (including the accommodation of the staff of the hospital);”.

Notice to quit not to be given within six months after determination.

8. Regulation 60 of the National Security (Landlord and Tenant) Regulations is amended by inserting after the letter and symbols “(i)” the letters and symbols “, (ia)”.

Court to consider hardship.

9. Regulation 63 of the National Security (Landlord and Tenant) Regulations is amended by inserting in paragraph (c) of sub-regulation (1.), after the letter and symbols “(i)”, the letters and symbols “, (ia)”.

Premises not to be sold or re-let in certain cases.

10. Regulation 68 of the National Security (Landlord and Tenant) Regulations is amended by inserting in sub-regulation (1.), after the letter and symbols “(i)”, the letters and symbols “, (ia)”.

11. After regulation 82 of the National Security (Landlord and Tenant) Regulations the following regulation is inserted:—

Transactions not invalidated.

“82a.—(1.) Where any transaction is entered into in contravention of these Regulations, the transaction shall not thereby be invalidated, and the rights, powers and remedies of any person thereunder shall, except where otherwise expressly provided in these Regulations, be the same as if these Regulations had not been made.

“(2.) Nothing in this regulation shall affect the operation of regulation 81 of these Regulations or the liability of any person to any penalty in respect of any contravention of these Regulations.”.

12. After regulation 84 of the National Security (Landlord and Tenant) Regulations the following regulation is added:—

Proof of instruments.

“85. Every document purporting to be a certificate or other instrument made or issued by the Controller in pursuance, or for the purposes, of any provision of these Regulations and to be signed by the Controller shall be received in evidence and shall, until the contrary is proved, be deemed to be a certificate or other instrument (as the case may be) made or issued by the Controller.”.

 

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

Overview

The Statutory Rules of 1948, No. 22, made under the Defence (Transitional Provisions) Act 1946-1947, were enacted by the Governor-General in Council to address transitional issues related to defence provisions following World War II. This legislative instrument aims to ensure continuity and validity of certain determinations made before the regulation's commencement while providing amendments to the National Security (Landlord and Tenant) Regulations. The regulations aim to streamline processes such as the variation of determinations, allowing for thorough investigations without formal hearings, and ensure that certain transactions are not invalidated despite regulatory contraventions. The enactment body was the Parliament of Australia, with the objective of maintaining national security and orderly transitions in post-war arrangements.

Scope and Application

The Statutory Rules 1948, No. 22 made under the Defence (Transitional Provisions) Act 1946-1947, concern amendments to the National Security (Landlord and Tenant) Regulations, affecting the validity of certain determinations made by the Controller before the commencement of the regulations, as well as the process and conditions for varying those determinations. These regulations apply to landlords and tenants in relation to their agreements and transactions, particularly those involving prescribed premises and goods leased therewith. The amendments provide for the validation of certain determinations made before the regulations took effect, clarify the procedure for varying determinations, and specify the grounds and conditions under which determinations may be varied. Additionally, the regulations outline the process for the Controller to make determinations, including the ability to conduct investigations without formal hearings and the consideration of written representations. The regulations are applicable across the Commonwealth of Australia and are intended to provide stability and clarity in the transitional period following the end of wartime measures, ensuring that certain landlord-tenant determinations remain valid and enforceable. Exclusions and exemptions are limited, with specific conditions outlined for varying determinations and certain circumstances under which evictions are restricted.

Key Provisions

The Regulations under the Defence (Transitional Provisions) Act 1946-1947 amend the National Security (Landlord and Tenant) Regulations. The main operative sections include the validation of certain determinations made before the commencement of the regulation (regulation 5b), the effect of determinations (regulation 2), the variation of determinations (regulation 30), and the Controller’s discretion to conduct investigations without formal hearings (regulation 39a). Regulation 5b ensures that any determinations or variations made before the commencement of the regulation are valid as if the amendments had been in force at the time of the determination. Regulation 2 clarifies the effect of a determination, while regulation 30 outlines the conditions under which a determination can be varied. Regulation 39a allows the Controller to make a determination without a formal or oral hearing but still considers written representations from interested parties. The Regulations impose obligations on the Controller to thoroughly investigate matters before making determinations or variations, ensuring that any such actions are based on accurate and relevant information. They also require the Controller to consider written representations from interested parties, even without conducting formal hearings. Additionally, the Regulations impose restrictions on evictions, particularly in cases where the premises are required for hospital purposes (regulation 58). They also mandate that notices to quit cannot be given within six months after a determination is made (regulation 60), and they require the court to consider hardship when deciding on evictions (regulation 63). Furthermore, the Regulations prohibit the sale or re-letting of premises in certain cases (regulation 68). The Regulations do not explicitly outline offences, penalties, or consequences for breach. However, the rights, powers, and remedies of any person under a transaction entered into in contravention of these Regulations remain unaffected, except where otherwise expressly provided (regulation 82a). This implies that while transactions not invalidated by the contravention of these Regulations (regulation 82a), any existing penalties or liabilities under the National Security (Landlord and Tenant) Regulations would still apply. Additionally, any document purporting to be a certificate or other instrument made or issued by the Controller and signed by the Controller is deemed valid until proven otherwise (regulation 85).

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Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Validation of Certain determinations
Regulatory Standards

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