National Security (War Service Moratorium) Regulations (Amendment)

Legislation au C1944L00176 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1944. No. 176.

––––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.

Dated this thirtieth day of November, 1944.

W. DUGAN

Administrator.

By His Excellency’s Command,

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

–––––––

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

Definitions.

1. Regulation 5 of the National Security (War Service Moratorium) Regulations is amended by inserting after the definition of “mortgage” in sub-regulation (1.) the following definition:—

“‘pension’ means a pension (including a service pension) under the Australian Soldiers’ Repatriation Act 1920-1943, and includes a pension payable under any law of a country outside the Commonwealth providing for payment of pensions to members, or former members, of the Naval, Military or Air Forces of that country;”.

Postponement of certain payments.

2. Regulation 7 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulations (2.), (3.), (3a.) and (4.) the word “six” and inserting in its stead the word “twelve”.

 

* Notified in the Commonwealth Gazette on       , 1944.

† Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134 and 263; 1942, Nos. 73, 208, 319, 437 and 498; 1943, Nos. 6, 10, 26, 88, 90, 124, 129, 187, 312 and 313; and 1944, Nos. 18, 31 and 83.

1182.—Price 3d.         10/29.11.1944.


Restriction on execution and other remedies.

3. Regulation 15 of the National Security (War Service Moratorium) Regulations is amended by omitting from paragraph (a) of the definition of “legal remedy” in sub-regulation (10.) the words “the next succeeding regulation” and inserting in their stead the words “regulation 16 of these Regulations”.

Continuation of protection afforded.

4. Regulation 17 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulations (1.), (2.), (2a.) and (3.) the word “six” and inserting in its stead the word “twelve”.

Part IV. not to apply in certain cases.

5. Regulation 26 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (5.) the words “place of abode” and inserting in their stead the words “last place of abode known to the insurer”.

Interpretation.

6. Regulation 27 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (1.) the word “six” (wherever occurring) and inserting in its stead the word “twelve”.

Definitions.

7. Regulation 28a of the National Security (War Service Moratorium) Regulations is amended by omitting from the definition of “discharged member of the Forces” the word “six” (wherever occurring) and inserting in its stead the word “twelve”.

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

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

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The provisions of the National Security (Landlord and Tenant) Regulations relating to the termination of tenancies, the recovery of the possession of premises and the ejectment of lessees from premises, and any provisions incidental to those provisions, shall extend to all premises of which a protected person is the lessee, whether prescribed premises within the meaning of those Regulations or not, but not including—

(a) premises licensed for the sale of spirituous or fermented liquors; or

(b) premises which are ordinarily occupied by the lessor as a permanent residence but are for the time being occupied by a lessee to whom the premises were leased for a specified term for holiday purposes only, which term has expired.”;

(b) by omitting from sub-regulation (6.) all the words from and including the word “satisfied” and inserting in their stead the following words:—

“satisfied—

(a) that suitable accommodation (in this regulation referred to as ‘the alternative accommodation’) is immediately available for the occupation of the protected person in lieu of the premises in respect of which the order is sought (in this regulation referred to as ‘the premises at present occupied’); or


(b) that the protected person has sublet the premises in respect of which the order is sought and is permanently residing elsewhere.”;

(c) by omitting from sub-regulation (7.) all the words from and including the word “satisfied” and inserting in their stead the following words:—

“satisfied—

(a) that suitable accommodation (in this regulation referred to as ‘the alternative accommodation’) is immediately available for the occupation of the protected person in lieu of the premises in respect of which the order was made (in this regulation referred to as ‘the premises at present occupied’); or

(b) that the protected person has sublet the premises in respect of which the order was made and is permanently residing elsewhere,

and gives leave to execute the order,”; and

(d) by omitting sub-regulation (11.) and inserting in its stead the following sub-regulation:—

“(11.) The provisions of sub-regulations (6.), (7.) and (8.) of this regulation shall apply only to or in relation to—

(a) a member of the Forces who is required; or

(b) a discharged member of the Forces who was, immediately prior to his discharge or for a continuous period of not less than three months during the period of six months immediately prior to his discharge, required,

by reason of his being engaged on 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, and to or in relation to a protected person who is a parent or female dependant of any such member or discharged member”.

Part to a certs

9. Regulation 30d of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (2.) the words “place of abode” and inserting in their stead the words “last place of abode known to the claimant”.

Regulations not to apply in certain cases.

10. Regulation 32 of the National Security (War Service Moratorium) Regulations is amended by omitting from sub-regulation (2.) the words “place of abode” and inserting in their stead the words “last place of abode known to the claimant”.

Preservation of rights possessed by members of the Forces.

11. Regulation 34a of the National Security (War Service Moratorium) Regulations is amended by omitting from paragraph (b) of sub-regulation (2.) the word “six” and inserting in its stead the word “twelve”.

––––––––––––––––––––

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

Overview

The National Security (War Service Moratorium) Regulations 1944, enacted by the Administrator of the Government of the Commonwealth of Australia, serve to amend existing regulations under the National Security Act 1939-1943. This legislative instrument aims to provide additional protections for members of the armed forces and their families during wartime, addressing issues related to financial stability and housing security. The Regulations extend the moratorium on certain financial actions, such as the postponement of specific payments and restrictions on legal remedies, from six to twelve months. These amendments ensure that members of the forces and their dependants have continued financial protection during and after their service, thus supporting the overarching policy objective of maintaining the welfare of service personnel and their families during times of conflict.

Scope and Application

The Statutory Rules of 1944, No. 176, under the National Security Act 1939-1943, amends the National Security (War Service Moratorium) Regulations to provide further protections to service members and their dependents. The Regulations apply to any member of the Australian Forces and their dependents who are affected by the moratorium on legal actions, specifically concerning mortgages and pensions, and the postponement of certain payments. These provisions are intended to shield individuals from financial and legal burdens while they are engaged in war service. The geographic scope of these Regulations is national, covering all states and territories of Australia. The Regulations do not apply to premises licensed for the sale of liquor or those occupied by the lessor for personal use, such as holiday homes. The amendments extend the period of protection from six to twelve months, reinforcing the government's commitment to support members of the Forces and their families during and immediately after active service. The changes are designed to offer a broader safety net, ensuring that those who have served in the military and their dependents are not unfairly disadvantaged due to legal and financial impediments during this period.

Key Provisions

The Regulations under the National Security Act 1939-1943 (C1944L00176) primarily focus on extending the protection period for certain members of the Armed Forces. Regulation 1 amends the definition of "pension" to include pensions under the Australian Soldiers’ Repatriation Act 1920-1943 and any pension payable by foreign governments to their military personnel (Reg. 1(1)). Regulation 2 extends the postponement of certain payments from six to twelve months (Reg. 2). Regulation 3 modifies the definition of "legal remedy" to clarify that specific provisions apply to regulation 16 (Reg. 3). Regulation 4 extends the duration of protection for certain individuals from six to twelve months (Reg. 4). Regulation 5 modifies the term "place of abode" to "last place of abode known to the insurer" in relation to insurance matters (Reg. 5). Regulation 6 changes the term "six" to "twelve" wherever it appears in regulation 27 (Reg. 6). Regulation 7 updates the definition of "discharged member of the Forces" to reflect the twelve-month period (Reg. 7). Regulation 8 expands the application of certain landlord and tenant provisions to all premises leased by a protected person, excluding specific types of premises (Reg. 8(1)). Regulation 9 specifies that certain provisions apply only to members of the Forces who were required to live in non-residential premises due to war service or to their parents or female dependants (Reg. 9(11)). Regulation 10 changes the term "place of abode" to "last place of abode known to the claimant" (Reg. 10). Regulation 11 extends the preservation of rights for members of the Forces from six to twelve months (Reg. 11). The Regulations impose several obligations on the parties and entities they govern. These include extending the period during which certain financial obligations are postponed (Reg. 2), updating definitions to ensure clarity and consistency (Regs. 1, 6, 7), and applying specific landlord and tenant provisions to protected individuals (Reg. 8). These changes aim to provide continued support and protection to members of the Armed Forces and their families during and after the war. The Regulations also ensure that certain rights and protections are preserved for a longer duration. Breach of these Regulations may lead to various consequences, though the specific offences, penalties, or consequences are not detailed in the provided text. Generally, under the National Security Act 1939-1943, breaches of regulations may result in civil or criminal penalties, including fines and imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined based on the specific provisions of the Act and the Regulations, as well as any relevant case law.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Postponement of certain payments
Regulation of legal remedies

Interactions

Authorises

All Versions

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.