STATUTORY RULES.
1943. No. 262.
REGULATION 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 Regulation under the National Security Act 1939-1943.
Dated this sixteenth day of October, 1943.
GOWRIE
Governor-General.
By His Excellency’s Command,
R. V. KEANE
for and on behalf of the Minister of State for Defence.
Amendment OF the National Security (Landlord and Tenant) Regulations.†
Restriction on eviction of lessee.
Regulation 15 of the National Security (Landlord and Tenant) Regulations is amended by adding at the end of paragraphs (f) and (g) of sub-regulation (2.) the words “or for the occupation of some person who ordinarily resides with, and is wholly or partly dependent upon, him;”.
* Notified in the Commonwealth Gazette on 18th October, 1943.
† Statutory Rules 1941, Nos. 275, as amended by Statutory Rules 1941. Nos. 286 and 321: 1942, Nos. 14, 15, 74, 112, 412, 456 and 551; and 1943, Nos. 12, 88, 91, 163 and 185.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6058.—Price 3d.
Overview
The Statutory Rules 1943 No. 262 is a legislative instrument made under the National Security Act 1939-1943, aiming to address issues related to evictions during wartime by providing further protection to tenants. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, this regulation specifically amends the National Security (Landlord and Tenant) Regulations to restrict the eviction of lessees, particularly those who have dependents residing with them. The policy objective behind these amendments was to stabilise the housing market and ensure that vulnerable individuals, who were wholly or partly dependent upon the lessee, were not left homeless due to evictions during the challenging times of the Second World War.
The regulation reflects a deliberate effort to mitigate the impact of wartime disruptions on civilian life, by preventing landlords from evicting tenants for reasons related to the occupation of a dependent family member. This legislative action was part of a broader series of measures under the National Security Act to manage and control various aspects of civilian life to support the war effort. The amendments were notified in the Commonwealth Gazette on 18th October 1943 and were made to align with the existing National Security (Landlord and Tenant) Regulations that had been progressively amended since 1941.
Scope and Application
This statutory rule made under the National Security Act 1939-1943 pertains to amendments to the National Security (Landlord and Tenant) Regulations, specifically focusing on the restriction of eviction of lessees. The regulation applies to landlords and tenants within the Commonwealth of Australia, governing the terms under which a tenant can be evicted, particularly in cases where the tenant has a person residing with them who is wholly or partly dependent on them. The amendment extends the protection to include dependents of the tenant, thereby affecting the conduct of landlords in relation to their tenants. This rule serves to ensure that evictions do not unduly harm individuals who are reliant on the tenant for their support. While the regulation primarily concerns the landlord-tenant relationship, its application is limited to the specific context of national security measures during the period covered by the National Security Act 1939-1943. The regulation does not explicitly state any exclusions or exemptions, but its application is implicitly restricted to the wartime context as defined by the overarching act.
Key Provisions
The key provision of this legislation is the amendment to Regulation 15 of the National Security (Landlord and Tenant) Regulations, which modifies the restrictions on the eviction of lessees during the period covered by the National Security Act 1939-1943. Specifically, Regulation 15(2) is amended to include the words “or for the occupation of some person who ordinarily resides with, and is wholly or partly dependent upon, him.” This means that the landlord cannot evict a tenant if there is someone who lives with them and depends on the tenant for support, without a valid reason (Regulation 15(2)(f) and (g)). This provision aims to protect tenants who have dependents living with them from being unfairly evicted.
This regulation imposes obligations on both landlords and tenants. Landlords are required to ensure that any eviction notices or actions they take comply with the amended Regulation 15. They must not evict tenants who have dependents living with them without a valid reason. Tenants, on the other hand, must ensure that any person who resides with them and depends on them for support is included in the tenancy agreement and is aware of the legal protections afforded by the amended regulation. Both parties must understand and adhere to the new conditions set forth in Regulation 15(2).
Failure to comply with the amended Regulation 15 can result in legal consequences. While the specific penalties are not detailed in the legislation, breaches of regulations under the National Security Act 1939-1943 generally attract civil or criminal penalties, including fines and imprisonment. The exact penalties would be determined by the courts based on the circumstances of each case. It is important for both landlords and tenants to understand their rights and obligations under this regulation to avoid any legal repercussions.