National Security (War Service Moratorium) Regulations (Amendment)

Legislation au C1946L00125 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1946. No. 125.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1946.*

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 1939-1946.

Dated this twenty-fifth day of July, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

E. J. HOLLOWAY

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

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Amendments of the National Security (War Service Moratorium) Regulations.†

Definitions

1. Regulation 28a of the National Security (War Service Moratorium) Regulations is amended—

(a) by omitting the definition of “female dependant of a member” and inserting in its stead the following definitions:—

“ ‘female dependant of a member’ means a female who is wholly or partly dependent for her support upon a member of the Forces;

‘female dependant of a discharged member’ means—

(a) a female who is wholly or partly dependent for her support upon a person who, having been a member of the Defence Force engaged on war service during the present war, has been discharged from the Defence Force, or has ceased to be engaged on war service, for a period not exceeding two years;

(b) a female who is wholly or partly dependent for her support upon a pension payable in consequence of the incapacity or the death of a person who has been a member of the Forces;

* Notified in the Commonwealth Gazette on 20th July, 1946.

† Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134 and 283; 1942. Nos. 73, 208, 319, 437 and 498; 1943, Nos. 6, 10, 26, 88, 90, 124, 129, 187, 312 and 313; 1944, Nos. 18, 31, 83 and 176; 1945, Nos. 32, 99 and 101; and 1946. Nos. 86 and 87.

3613.—Price 3d.

(i) has been discharged from the Defence Force; or

(ii) has ceased to be engaged on war service,

and, although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him, either wholly or partly, from engaging in his occupation; and

(d) the widow of a member of the Forces who died while engaged on war service during the present war;”;

(b) by omitting the definition of “parent of a member” and inserting in its stead the following definitions:—

“ ‘parent of a member’ means a person who is a parent of, and is wholly or partly dependent for his support upon, a member of the Forces;

“parent of a discharged member’ means—

(a) a person who is a parent of, and is wholly or partly dependent for his support upon, a person who, having been a member of the Defence Force engaged on war service during the present war, has been discharged from the Defence Force, or has ceased to be engaged on war service, for a period not exceeding two years;

(b) a person who is a parent of, and is wholly or partly dependent for his support upon a pension payable in consequence of the incapacity or death of, a person who has been a member of the Forces;

(i) has been discharged from the Defence Force; or

(ii) has ceased to be engaged on war service,

and, although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him, either wholly or partly, from engaging in his occupation and upon whom that parent was, immediately prior to the discharge of that person, or immediately prior to that person ceasing to be engaged on war service, wholly or partly dependent for his support;”; and

“ ‘protected person’ means a member of the Forces, discharged member of the Forces, female dependant of a member, female dependant of a discharged member, parent of a member or parent of a discharged member;”.

Application of certain provisions of National Security (Landlord and Tenant) Regulations.

2. Regulation 30 of the National Security (War Service Moratorium) Regulations is amended by omitting sub-regulation (9.) and inserting in its stead the following sub-regulation:—

“(9.) For the purposes of this regulation, a person shall not be deemed to be a protected person unless he is—

(a) a member of the Forces who—

(i) is; or

(ii) was, for a total period of not less than twelve months during his period of war service,

required, by reason of his war service, to live in premises other than premises occupied by him, or by a member of the household to which he belongs, as a home;

(b) a discharged member of the Forces who was—

(i) immediately prior to his discharge;

(ii) for a continuous period of not less than three months during the period of six months immediately prior to his discharge; or

(iii) for a total period of not less than twelve months during his period of war service,

so required;

(i) is; or

(ii) was, for a total period of not less than twelve months during his period of war services,

so required; or

(d) a female dependant of a discharged member or a parent of a discharged member and that member was—

(i) immediately prior to his discharge, ceasing to be engaged on war service or death, as the case may be;

(ii) for a continuous period of not less than three months during the period of six months immediately prior to his discharge, ceasing to be engaged on war service or death, as the case may be; or

(iii) for a total period of not less than twelve months during his period of war service,

so required.”.

Letting of unoccupied houses to protected persons.

3. Regulation 30a of the National Security (War Service Moratorium) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “authorizing”, the words “and requiring”;

(b) by inserting in sub-regulation (4.), after the word “determined,” the words “or, if the court grants a warrant, until the warrant has been executed,”.

Hearing of application.

4. Regulation 30ab of the National Security (War Service Moratorium) Regulations is amended by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“(5.) An application shall not be granted under this regulation—

(a) if the owner of the dwelling-house is a protected person and reasonably requires the dwelling-house for his own occupation or for the occupation of some person who resides with him or is wholly or partly dependent on him for his support;

(b) if the dwelling-house was erected or acquired for the accommodation of a particular person or class of persons and the dwelling-house is reasonably required for the occupation of that person or a person of that class;

(c) if the dwelling-house has not previously been occupied and is reasonably required for the occupation of the owner of the dwelling-house; or

(d) if the dwelling-house is a newly erected dwelling-house which—

(i) was erected by the owner for the purposes of sale; and

(ii) has been unoccupied for a period not exceeding two months.”.

5. After regulation 30ac of the National Security (War Service Moratorium) Regulations the following regulation is inserted:—

Enforcement of warrants.

“30aca. A warrant granted by a court under regulation 30ab of these Regulations (including a warrant so granted before the commencement of this regulation) may be enforced in the same manner as a warrant of possession granted by that court may be enforced.”.

Regulation 30A-30AD inapplicable in certain cases

6. Regulation 30ae of the National Security (War Service Moratorium) Regulations is amended by adding at the end thereof the words “, and shall not apply in relation to any dwelling-house of which a housing authority constituted under the law of any State is the owner.”.

7. After regulation 30ae of the National Security (War Service Moratorium) Regulations the following regulation is inserted:—

Interpretation.

“30 af. For the purposes of regulations 30a to 30ae (inclusive) of these Regulations, the expression ‘owner’ in relation to a dwelling-house which is the subject of a lease or sub-lease, means—

(a) where the dwelling-house is unoccupied—the lessee or sub-lessee immediately entitled to possession of the dwelling-house; and

(b) where the dwelling-house is about to become unoccupied—the person immediately entitled to possession of the dwelling-house upon its becoming unoccupied.”.

This Part not to apply in certain cases.

8. Regulation 30d of the National Security (War Service Moratorium) Regulations is amended by omitting the words “member of the Forces, a discharged member of the Forces, a female dependant of a member or a parent of a member” (wherever occurring) and inserting in (their stead the words “protected person”.

Commencement.

9. These Regulations shall come into operation on the first day of August, 1946.

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

Overview

The Statutory Rules 1946 No. 125, enacted on 25 July 1946, constitutes regulations under the National Security Act 1939-1946. These regulations aim to address the specific housing needs of war service personnel and their dependants by amending the National Security (War Service Moratorium) Regulations. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, the primary policy objective of these regulations is to provide protections and rights to "protected persons" — including members of the forces, discharged members, their female dependants, and their parents — ensuring they have access to suitable housing. The regulations were designed to ensure that these individuals, who have served or are currently serving in the Defence Forces, receive appropriate accommodation, especially when they are unable to secure housing through normal means due to their service obligations or conditions. These regulations clarify and expand the definitions of key terms such as "female dependant of a member," "parent of a member," and "protected person," while also modifying provisions to better enforce the letting of unoccupied houses to protected persons. Furthermore, they outline specific conditions under which applications for housing can be refused, and detail how warrants can be enforced to ensure compliance. The regulations aim to streamline the process by which protected persons can access housing and provide clarity on the enforcement mechanisms available to both landlords and tenants.

Scope and Application

The Regulations under the National Security Act 1939-1946 apply to individuals and entities involved in the war service moratorium, specifically targeting members of the Forces, discharged members, their female dependants, and their parents. These provisions also extend to landlords and tenants, particularly those who may be subject to certain controls under the National Security (Landlord and Tenant) Regulations. The geographic reach of these regulations is national, applying across the Commonwealth of Australia. Certain exclusions apply, notably that the provisions do not apply to dwelling-houses owned by housing authorities constituted under state laws. The Act is implemented through subordinate instruments which may further refine the application of the regulations, such as through the issuance of warrants and enforcement mechanisms. These Regulations amend the definitions of key terms like "protected person" and clarify the circumstances under which certain provisions apply, such as the letting of unoccupied houses to protected persons. The Regulations also specify conditions under which an application for relief may be denied and provide for the enforcement of court warrants. Additionally, the Regulations clarify the definition of "owner" in the context of leased or sub-leased dwelling-houses, ensuring that the correct party is held accountable under the legislation. The Regulations came into effect on the first day of August 1946, ensuring that the provisions are applied in a timely manner in response to the national security needs of the period.

Key Provisions

The main operative sections of the Statutory Rules 1946, No. 125, under the National Security Act 1939-1946, focus on amending the National Security (War Service Moratorium) Regulations. Section 1 amends the definitions of key terms such as "female dependant of a member," "female dependant of a discharged member," "parent of a member," "parent of a discharged member," and "protected person." These definitions clarify who qualifies as dependents of members or discharged members of the Defence Force, which in turn determines their eligibility for certain protections under the moratorium. Section 2 modifies regulation 30 to specify the conditions under which a person can be deemed a "protected person," which is crucial for determining their eligibility for certain protections under the moratorium. Section 3 amends regulation 30a to emphasize the requirement for landlords to let unoccupied houses to protected persons, ensuring that these individuals have access to housing. Section 4 revises regulation 30ab to detail the criteria under which an application for letting a house to a protected person can be denied. Finally, Section 5 inserts a new regulation 30aca, which ensures that warrants granted under the moratorium can be enforced in the same manner as other possession warrants. The obligations imposed by these regulations on the parties involved include ensuring that landlords provide housing to protected persons where feasible, while also considering the needs of other potential tenants. Owners and tenants must adhere to the conditions set out in the regulations regarding who qualifies as a protected person and under what circumstances a house can or cannot be let to such a person. Furthermore, the regulations require that applications for letting houses to protected persons are processed in a manner that balances the needs of protected persons with the rights of other potential occupants. Breach of these regulations can lead to various consequences. The enforcement of warrants under regulation 30aca ensures that any failure to comply with a court order to let a house to a protected person can be addressed. While the specific penalties for non-compliance are not detailed in the regulations, they could potentially include fines, imprisonment, or other civil remedies as prescribed by relevant laws. Additionally, failure to adhere to the defined terms and conditions for protected persons and the letting of houses may result in legal action from aggrieved parties seeking enforcement of their rights under the moratorium.

Area of Law: National Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Enforcement Powers; Regulatory Standards; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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