STATUTORY RULES.
1943. No. 91.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*
I, THE DEPUTY OF 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 eighth day of April, 1943.
WINSTON DUGAN
Deputy of the Governor-General.
By His Excellency’s Command,
R. V. KEANE
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (Landlord and Tenant) Regulations.†
Application of Regulations.
1. Regulation 3 of the National Security (Landlord and Tenant) Regulations is amended by omitting sub-regulation (3.).
2. After regulation 14 of the National Security (Landlord and Tenant) Regulations the following regulation is inserted:—
Representation by agent, &c.
“14a.—(1.) Any person who is a party to an application, or may be affected by the result of an application, may be represented by an agent, who may examine witnesses and address the Board on that person’s behalf.
“(2.) 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 solicitor; or
(c) one of the parties or persons affected is a barrister or solicitor.”.
* Notified in the Commonwealth Gazette on 8th April, 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, No. 12.
3. Regulation 15 of the National Security (Landlord and Tenant) Regulations is repealed and the following regulation inserted in its stead:—
Restrictions on eviction of lessee.
“15.—(1.) Subject to this regulation, the lessor of any prescribed premises shall not give any notice or take or continue any proceedings to terminate the tenancy or to recover possession of the premises or for the ejectment of the tenant therefrom.
“(2.) Subject to the succeeding sub-regulations of this regulation, a lessor may take proceedings in any court of competent jurisdiction for an order for the recovery by him of any prescribed premises (or of any goods leased therewith) or for the ejectment of the tenant therefrom if the lessor, before taking such proceedings, has given to the lessee notice to quit for a period not less than a period calculated by allowing seven days for each completed period of six months of occupation and adding thereto seven days, and that period of notice has expired, upon one or more of the following grounds but upon no other ground:—
(a) That the lessee has failed to pay the rent in respect of a period—
(i) where the lessee’s period of occupation does not exceed six months—of not less than seven days;
(ii) where the lessee’s period of occupation exceeds six months but does not exceed twelve months—of not less than fourteen days; and
(iii) in any other case—of not less than twenty-eight days;
(b) That the lessee has failed to perform some other term or condition of the lease and the performance of that other term or condition has not been waived or excused by the lessor;
(c) That the lessee has failed to take reasonable care of the premises, or of any goods leased therewith, or has committed waste;
(d) That the lessee has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers;
(e) That the lessee has given notice of his intention to vacate the premises and in consequence of that notice the lessor has agreed to sell or let the premises or has taken any other steps as a result of which he would, in the opinion of the Court, be seriously prejudiced if he could not obtain possession;
(f) That the premises are reasonably required by the lessor for his personal occupation;
(g) That the lessor has agreed to sell the premises by an agreement which requires the purchaser to pay not less than one-fourth of the whole purchase money within twelve months from the date thereof and by which the purchaser is entitled to vacant possession of the premises and the premises are reasonably required by the purchaser for his personal occupation;
(h) That the premises are reasonably required by the lessor for reconstruction or demolition; or
(i) That the lessee has been convicted of any offence arising out of the use of the premises for any immoral or illegal purpose.
“(3.) Nothing in the last preceding sub-regulation shall require the giving of notice to quit for a period exceeding ninety-one days.
“(4.) A notice to quit upon any ground specified in paragraph (e), (f) or (g) of sub-regulation (2.) of this regulation shall not be given, after the lessee has made an application for a determination, until after the expiration of a period of six months after the making of a determination thereon, but if a determination has not been made within a period of six months after the date of the application, the notice may be given after the expiration of that period.
“(5.) A notice to quit shall specify the ground relied upon and shall give the particulars thereof and, in the proceedings, the lessor shall not be entitled to rely upon any ground not so specified.
“(6.) 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 tenant therefrom (whether the proceedings were commenced before or after the commencement of these Regulations) the court shall take into consideration, in addition to all other relevant matters—
(a) any hardship which would be caused to the lessee or any other person by the making of the order; or
(b) any hardship which would be caused to the lessor or any other person by the refusal of the court to make the order,
and may, in its discretion, make the order or may, on such conditions (if any) as it thinks fit refuse to make the order notwithstanding that one or more of the grounds specified in sub-regulation (2.) of this regulation has been established.
“(7.) In respect of any proceedings referred to in the last preceding sub-regulation, the court may—
(a) subject to such conditions (if any) and for such period as it thinks fit—
(i) adjourn the proceedings;
(ii) stay or suspend the execution of any judgment or order which has been made or given in the proceedings; or
(iii) postpone the date for recovery or possession or for ejectment specified in any such judgment or order; or
(b) subject to such conditions (if any) as it thinks fit, discharge or rescind any such judgment or order.
“(8.) Notwithstanding any provision of the law of any State or Territory of the Commonwealth, no order (other than an order made under this regulation) made by any court for the recovery by the lessor of possession of any prescribed premises (or of any goods leased therewith) or for the ejectment of the tenant shall be enforceable.
“(9.) Where a lessor has obtained an order for the recovery of possession of any prescribed premises or for the ejectment therefrom of a tenant which is subsequently proved to have been obtained by misrepresentation or the concealment of material facts, the court which made the order may order the lessor to pay to the former lessee such sum as appears to the court to be sufficient as compensation for damage or loss sustained by the lessee as the result of the order.
“(10.) If an order for the recovery of possession of any prescribed premises or for the ejectment therefrom of a tenant is made on any ground specified in paragraphs (f) and (g) of sub-regulation (2.) of this regulation, the premises shall not be again leased or sold or agreed to be sold until after the expiration of the period of twelve months immediately succeeding the date on which possession was obtained or the ejectment effected or such shorter period (not less than six months) as the court which made the order determines.
“(11.) Nothing in the last preceding, sub-regulation shall prevent the letting of any room in the prescribed premises which is not reasonably required by the lessor or purchaser, as the case may be, provided that the total rent obtained is not greater than a reasonable rent for the whole of the premises less a reasonable deduction for the portion of the premises not so let.
“(12.) A transaction entered into in contravention of sub-regulation (10.) of this regulation shall not thereby be invalidated, but nothing in this sub-regulation shall affect the liability of any person to any penalty in respect of any contravention of that sub-regulation.
“(13.) Where, in relation to any State or Territory an order is in force declaring that it is desirable that the powers of Boards in that State or Territory shall be exercisable with respect to certain prescribed premises only, or with respect to a limited class of prescribed premises only, the provisions in this regulation shall, in that State or Territory, apply only with respect to the prescribed premises, or limited class of prescribed premises, referred to in the order.
“(14.) Notwithstanding anything contained in this regulation, an order shall not be made for the recovery of possession of any prescribed premises from, any person, or for the ejectment of any tenant from any prescribed premises, on the grounds specified in paragraph (f), (g) or (h) of sub-regulation (2.) of this regulation unless the court making the order is satisfied—
(a) that suitable alternative accommodation in lieu of the prescribed premises is immediately available for the accommodation of the person occupying the prescribed premises; or
(b) if such accommodation is not available that it would cause hardship to the lessor if the order were not made.’.
Enforcement of orders.
4. Regulation 16 of the National Security (Landlord and Tenant) Regulations is repealed.
5. Regulation 25 of the National Security (Landlord and Tenant) Regulations is repealed and the following regulation inserted in its stead:—
Intervention by Attorney-General.
“25. The Attorney-General may, at any stage of any application, or of any proceedings under these Regulations, intervene, by counsel, solicitor or agent, on behalf of the Commonwealth and may examine witnesses and address the Board or court.”.
Pending applications.
6.—(1.) Where, at the commencement of this regulation, any application under regulation 15 of the National Security (Landlord and Tenant) Regulations was pending before a Fair Rents Board, the applicant may, within one month after the commencement of this regulation, apply to a court of competent jurisdiction for an order that the application continue in that court and the court may, in its discretion, make an order accordingly or refuse to make an order.
(2.) Where any such order is made—
(a) the application shall continue in the court making the order in all respects, mutatis mutandis, as if it had been a proceeding commenced in that court; and
(b) such documents concerning the application as have been filed with the Fair Rents Board shall, at the request of the proper officer of the court making the order, be transmitted to that officer.
(3.) Where, prior to the commencement of this regulation, an order has been made under regulation 15 of the National Security (Landlord and Tenant) Regulations and has not been executed, the person in whose favour the order was made may, within one month after the commencement of this regulation, apply to a court which would have had jurisdiction to make the like order if those regulations had not been made, for an order that the order shall have effect as if it were an order of that court and the court may, in its discretion, make an order accordingly or refuse to make an order.
(4.) Where a court makes such an order—
(a) the order of the Fair Rents Board shall have effect in all respects, mutatis mutandis, as if it were an order of that court; and
(b) such documents concerning the application on which the order of the Fair Rents Board was made as have been filed with the Fair Rents Board shall, at the request of the proper officer of the court, be transmitted to that officer.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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