National Security (War Service Moratorium) Regulations (Amendment)

Overview

The Statutory Rules 1940, No. 286, Regulations under the National Security Act 1939-1940, were enacted to address the need for safeguarding the housing and rental rights of Australian citizens serving in the military during World War II. These regulations, promulgated by the Governor-General in accordance with the advice of the Federal Executive Council, were designed to ensure that members of the armed forces and their families would not be evicted from their homes or shops if they kept up with their rent. This legislative instrument amended the existing National Security (War Service Moratorium) Regulations to extend protections and provide clarity regarding the definition of "member of the Forces" to include Australians serving in the Naval, Military, or Air Forces of any part of the King's dominions, and to extend the period for which such protections apply. The policy objective was to support and protect Australian citizens who were contributing to national defence during a time of significant national crisis.

Scope and Application

The Statutory Rules 1940, No. 286, Regulations under the National Security Act 1939-1940, pertain to amendments of the National Security (War Service Moratorium) Regulations. These regulations apply to members of the Naval, Military, or Air Forces who are called up for active service during wartime, provided they were born in Australia or were domiciled in Australia prior to their enlistment. The regulations also extend to their dependants and parents. The scope of these regulations is national, covering all members of the Forces who meet the specified criteria and operate throughout the Commonwealth of Australia. The regulations aim to provide protections to these individuals by preventing their eviction from dwelling houses or shops if rent is paid and by extending the notice period for eviction from six weeks to fourteen days. Sub-regulations also provide a defence for owners if the property was intended for specific persons or classes, and if the owner proves the necessity of the property for such individuals. Additionally, the regulations include provisions for obtaining a certificate that exempts certain actions if the respondent cannot be located or if it is evident that they are not members of the Forces or their dependants.

Key Provisions

The Statutory Rules 1940, No. 286, made under the National Security Act 1939-1940, bring about amendments to the National Security (War Service Moratorium) Regulations. Section 1 amends the definition of "member of the Forces" (Regulation 4) to include individuals who are called up for or are serving on active service with the Naval, Military, or Air Forces of any part of the King's dominions (other than the Commonwealth) and who were either born in Australia or domiciled in Australia before being called up or enlisting. This definition also deems such individuals to be engaged on war service while they are on active service. Section 2 inserts a new sub-regulation (2a) into Regulation 20, providing a defence in prosecutions for contraventions if the owner of the dwelling-house can prove it was erected or acquired for a specific person or class of persons and is required for that person or a person of that class. Section 3 amends Regulation 25 by extending the notice period from fourteen days to six weeks and adding sub-regulations (3) and (4). Sub-regulation (3) allows an officer authorised by the Attorney-General to issue a certificate if the claimant provides evidence that the respondent has abandoned the property or cannot be found despite reasonable efforts to locate them, and if the claimant is not aware that the respondent is a member of the Forces, a parent of a member, or a female dependant of a member. Sub-regulation (4) deems a certificate issued under sub-regulation (3) to be duly issued unless proven otherwise. These amendments impose several obligations on parties governed by the Regulations. Firstly, they mandate that certain individuals, specifically those who have been called up for or are serving on active service in the Naval, Military, or Air Forces of any part of the King's dominions (other than the Commonwealth) and who were born in Australia or domiciled there before their service, be included in the definition of "member of the Forces". This definition is critical for determining who is protected by the moratorium on evictions and rent increases. Secondly, property owners must prove that their property was specifically acquired for a particular person or class of persons if they seek to defend against a prosecution for eviction. Thirdly, claimants who wish to take certain actions regarding properties must provide evidence to an authorised officer if the respondent has abandoned the property, cannot be found, or if the claimant is unaware that the respondent falls under the protected categories. Failure to comply with these Regulations may result in legal consequences. While specific offences and penalties are not explicitly detailed in the text, the Regulations imply that contraventions could lead to prosecution. The defences provided in the Regulations suggest that there could be criminal or civil penalties for those who fail to adhere to the specified conditions, particularly in cases involving evictions and rent increases. However, the precise nature and extent of these penalties are not explicitly stated within the provided excerpt, and further reference to the National Security Act 1939-1940 or other relevant legislation would be necessary to determine the full scope of the legal consequences for non-compliance.