STATUTORY RULES.
1941. No. 263.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*
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 1939-1940.
Dated this eighteenth day of November, 1941.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence Co-ordination.
Amendments of the National Security (War Service Moratorium) Regulations.†
Members of Forces, and dependants and parents of members, not to be ejected from dwelling-houses and shops if rent paid.
1. Regulation 29 of the National Security (War Service Moratorium) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—
“(1.) No order for the recovery of possession of any dwelling-house to which this regulation applies, or of any shop, from a member of the Forces, a parent of a member or a female dependant of a member, or for the ejectment therefrom of a tenant (being a member of the Forces, a parent of a member of a female dependant of a member) shall be made so long as the tenant continues to pay the rent thereof and performs the other conditions of the tenancy, unless—
(a) the tenant has committed waste, or has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers, or the premises are reasonably required by the landlord for the occupation of himself or some person in his employ or in the employ of some tenant from him, or on some other ground which is deemed satisfactory by the court making the order; and
(b) the court is satisfied that in all the circumstances of the case and in the interests of justice it is desirable that the order for recovery or ejectment should be made.”.
* Notified in the Commonwealth Gazette on , 1941.
† Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85 and 134.
7054.—18/30.10.1941.—Price 3d.
Rental of farms by members of the Forces, parents or female dependants.
2. Regulation 30 of the National Security (War Service Moratorium) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—
“(3.) No order for the recovery of possession of any such land from a member of the Forces, a parent of a member or female dependant of a member or for the ejectment therefrom of a tenant (being a member of the Forces, a parent of a member or female dependant of a member) shall be made so long as the tenant continues to pay rent at the agreed rate as modified by this regulation and performs the other conditions of the tenancy, unless—
(a) the tenant has committed waste, or has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers, or the premises are reasonably required by the landlord for the occupation of himself or some other person in his employ or in the employ of some tenant from him, or on some other ground which is deemed satisfactory by the court making the order; and
(b) the court is satisfied that in all the circumstances of the case and in the interests of justice it is desirable that the order for recovery or ejectment should be made.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1941 No. 263, Regulations Under the National Security Act 1939-1940, were introduced to provide protection to members of the military forces and their families during wartime. Enacted by the Governor-General in Council under the authority of the Commonwealth Parliament, these regulations sought to address the issue of evictions from rental properties during the Second World War. The primary objective of these regulations was to prevent the eviction of tenants who were members of the forces, their parents, or their female dependants, as long as they continued to pay rent and adhered to other tenancy conditions. This was intended to offer stability and support to those serving in the armed forces and their families during a time of national crisis.
Scope and Application
The Statutory Rules 1941, No. 263, made under the National Security Act 1939-1940, amend the National Security (War Service Moratorium) Regulations to provide protections for members of the Forces, their parents, and female dependants in relation to the recovery of possession of dwelling-houses and shops and the ejectment of tenants. These amendments apply to any member of the Forces, their parents, or female dependants who continue to pay rent and fulfil the other conditions of their tenancy, stipulating that no order for recovery of possession or ejectment shall be made unless specific conditions are met, such as committing waste, engaging in nuisance or annoyance to neighbours, or the landlord needing the premises for personal occupation or employment of others. Additionally, the regulations extend to the rental of farms by the same categories of individuals, providing similar protections against the recovery of possession or ejectment so long as rent is paid and tenancy conditions are fulfilled, subject to the same exceptions. These provisions are aimed at ensuring stability and protection for those directly impacted by war service during the specified period.
Key Provisions
The key provisions of these Regulations, under the National Security Act 1939-1940, primarily concern the protection of certain individuals from eviction during wartime. Specifically, Regulation 29(1) states that members of the Forces, their parents, or female dependants are not to be ejected from their dwelling-houses or shops if they continue to pay their rent and adhere to the other terms of their tenancy. An order for recovery of possession or ejectment can only be made if the tenant has committed waste, has caused nuisance or annoyance to others, or if the premises are required by the landlord for their own occupation or that of an employee. Even then, the court must be satisfied that it is desirable in the interests of justice to make such an order (Regulation 29(1)(a) and (b)). Similarly, Regulation 30(3) extends this protection to members of the Forces, their parents, or female dependants who are tenants of farmland, stipulating that they cannot be evicted so long as they pay the agreed rent and meet the conditions of their tenancy. Again, an order for recovery of possession or ejectment can only be made under certain conditions, including waste, nuisance, or the landlord's need for the land (Regulation 30(3)(a) and (b)).
These Regulations impose several obligations on the parties involved. Landlords are required to accept rent payments from members of the Forces, their parents, or female dependants, and cannot evict these tenants without a court order under most circumstances. Tenants, in turn, must continue to pay their rent and adhere to the conditions of their tenancy to maintain their right to occupy the property. Courts are tasked with ensuring that any orders for recovery of possession or ejectment are made only in the interests of justice, taking into account factors such as waste, nuisance, or the landlord's need for the premises.
Failure to comply with these Regulations can result in legal consequences. While the specific offences and penalties are not detailed in the text, breaches of tenancy laws can generally lead to civil or criminal proceedings. For civil matters, this might include actions for recovery of possession or damages. In criminal cases, penalties could range from fines to imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined by the relevant courts based on the circumstances of each case.