STATUTORY RULES.
1948. No. .
––––––––––
REGULATION 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 eleventh day of August, 1948.
W. J. McKell
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Post-war Reconstruction.
–––––––
Amendment of the National Security (Landlord and Tenant) Regulations.†
After regulation 7 of the National Security (Landlord and Tenant) Regulations the following regulation is inserted :—
Cessation of Regulations.
“7aa.—(1.) The Minister may, by order published in the Gazette, declare that, from and including a date specified in the order, the recovery of possession of leased premises in the State or Territory specified in the order shall cease to be restricted under these Regulations and (except in the case of an order specifying the State of South Australia or Western Australia) that the fixing of fair rents in the State or Territory specified in the order shall cease to be controlled under these Regulations.
“(2.) From and including the date specified in such an order, these Regulations (or, in the case of an order specifying the State of South Australia or Western Australia, such of these Regulations as, immediately prior to that date, were applicable in the State specified), but not including this regulation and regulations 44, 45, 57, 67 and 70 of these Regulations, shall cease to have effect in the State or Territory specified in the order.
* Notified in the Commonwealth Gazette on August, 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 and 1948, No. 22.
4332.—Price 3d. 10/6.8.1948.
“(3.) The operation of the last preceding sub-regulation in relation to a State or Territory shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under these Regulations before the date specified in the order made under sub-regulation (1.) of this regulation in relation to that State or Territory or affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if the last preceding sub-regulation had not been made.”.
–––––––––––––––––––
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Defence (Transitional Provisions) Act 1946-1947 was enacted by the Commonwealth Parliament to manage the transition from wartime measures to peacetime conditions, particularly in relation to defence and national security. This Act provided a legal framework for the gradual cessation of wartime controls and regulations, including those concerning landlord and tenant relations. The policy objective was to restore normal economic and social conditions while ensuring a smooth transition out of the wartime economy. The Statutory Rules of 1948, made under this Act, aimed to amend the National Security (Landlord and Tenant) Regulations by allowing the Minister to declare the cessation of certain wartime restrictions on the recovery of possession of leased premises and the control of fair rents in specified states and territories. This was done to provide flexibility and responsiveness to changing post-war conditions, balancing the needs of landlords and tenants as the country moved towards a more stable peacetime environment.
Scope and Application
The Defence (Transitional Provisions) Act 1946-1947 and its subordinate instruments, such as the Regulations under the National Security (Landlord and Tenant) Act, apply to landlords and tenants within the states and territories of Australia. The primary aim of these regulations is to manage the recovery of possession of leased premises and the control of fair rents in specific areas, with the power to cease these restrictions granted to the Minister through orders published in the Commonwealth Gazette. The regulations specify that in cases involving South Australia or Western Australia, only the recovery of possession restrictions are lifted, whereas for other states and territories, both the recovery of possession and fair rent controls are ceased. The regulations are designed to cease having effect in the specified states or territories from the date mentioned in the Minister's order, with certain exceptions to maintain existing rights, privileges, obligations, or liabilities accrued prior to the order, as well as ongoing investigations, legal proceedings, or remedies related to these pre-existing matters. These regulations underscore a transitional approach in managing post-war housing and rental conditions, ensuring a structured and fair shift away from wartime controls.
Key Provisions
The Regulations under the Defence (Transitional Provisions) Act 1946-1947, specifically amending the National Security (Landlord and Tenant) Regulations, introduce provisions concerning the cessation of certain controls over leased premises and fair rents. Regulation 7aa(1) allows the Minister to declare via a Gazette order that, from a specified date, the recovery of possession of leased premises and the fixing of fair rents in a particular State or Territory will no longer be restricted or controlled under the Regulations. This cessation does not apply to South Australia and Western Australia, where only the recovery of possession is not restricted. Regulation 7aa(2) states that, from the date specified in such an order, the Regulations will cease to have effect in the specified State or Territory, except for certain regulations (44, 45, 57, 67, and 70). Regulation 7aa(3) ensures that any rights, privileges, obligations, or liabilities acquired, accrued, or incurred under the Regulations before the specified date will not be affected by this cessation, and any investigations, legal proceedings, or remedies may continue as if the cessation had not occurred.
These Regulations impose specific obligations on the Minister, requiring them to publish an order in the Gazette to declare the cessation of controls over leased premises and fair rents. The Minister must specify the date from which these controls will cease to apply in a particular State or Territory. The Regulations also impose obligations on landlords and tenants by limiting their rights to recover possession of leased premises and to fix fair rents in certain States or Territories from the specified date. These controls do not apply to South Australia and Western Australia for the recovery of possession.
Breach of these Regulations could result in civil consequences for the parties involved, particularly if rights or obligations under the Regulations are not honoured post-cessation. For example, if a landlord attempts to recover possession of leased premises after the specified date in a State or Territory where such recovery is no longer permitted, this could be considered a breach of the Regulations. Similarly, if a landlord attempts to fix a fair rent in a State or Territory after the cessation date, this could also be a breach. However, the Regulations do not specify criminal penalties for such breaches, indicating that any legal consequences would likely be civil in nature, potentially involving legal proceedings to enforce compliance with the Regulations.