National Security (War Service Moratorium) Regulations (Amendment)

Legislation au C1943L00026 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 26.

 

REGULATION 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 Regulation under the National Security Act 1939–1940.

Dated this first day of February, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

for and on behalf of the Minister of State

for Defence.

 

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

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

Regulation 30 of the National Security (War Service Moratorium) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(6.) Notwithstanding the provisions of the National Security (Landlord and Tenant) Regulations, an order shall not be made for the recovery of possession of any premises 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 or a female dependant of a member), on the ground specified in paragraph (f) of sub-regulation (2.) of regulation 15 of the National Security (Landlord and Tenant) Regulations, unless the Fair Rents Board or court making the order is satisfied that suitable accommodation (in this regulation referred to as ‘the alternative accommodation’) is immediately available for the occupation of the member of the Forces, parent of a member or female dependant of a member in lieu of the premises in respect of which the order is sought (in this regulation referred to as ‘the premises at present occupied’).

 

* Notified in the Commonwealth Gazette on 1st February, 1943.

† Statutory Rules 1941, No. 61, as amended by Statutory Rules 1941, Nos. 85, 134, 263; 1942, Nos. 73, 208, 319, 437 and 498; and 1943, Nos. 6 and 10.


“(7.) Where, prior to the commencement of this sub-regulation, an order has been made for the recovery of possession of any premises 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 female dependant of a member), on the ground specified in paragraph (f) of sub-regulation (2.) of regulation 15 of the National Security (Landlord and Tenant) Regulations, and the order has not, prior to the commencement of this sub-regulation, been executed, it shall not be executed unless the Fair Rents Board or court which made the order is satisfied that suitable accommodation (in this regulation referred to as ‘the alternative accommodation’) is immediately available for the occupation of the member of the Forces, parent of a member or female dependant of a member in lieu of the premises in respect of which the order was made (in this regulation referred to as ‘the premises at present occupied’) and gives leave to execute the order.

“(8.) Where any tenancy has been lawfully determined and any person claiming under the tenant and actually in possession of the premises or any part thereof is a member of the Forces, a parent of a member or a female dependant of a member, no order for the ejectment of persons from those premises or for the recovery of possession of those premises shall be enforced against the member of the Forces, parent of a member or female dependant of a member, unless the court which made the order is satisfied—

(a) that the member of the Forces, parent of a member or female dependant of a member has failed to pay the rent in respect of a period of not less than fifty-six days or to perform any other term of condition of his tenancy and the performance of that term or condition has not been waived or excused by his landlord;

(b) that the member of the Forces, parent of a member or female dependant of a member has failed to take reasonable care of the premises or of any goods the property of his landlord or has committed waste;

(c) that the member of the Forces, parent of a member or female dependant has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers;

(d) that the member of the Forces, parent of a member or female dependant of a member has been convicted of any offence arising out of the use of the premises for some immoral or illegal purpose; or

(e) that the premises are reasonably required by the person in whose favour the order was made for his personal occupation and that suitable accommodation (in this regulation referred to as ‘the alternative accommodation’) is immediately available for the occupation of the member of the Forces, parent of a member or female dependant of a member in lieu of the premises occupied by him (in this regulation referred to as ‘the premises at present occupied’),

and gives leave to enforce the order against the member of the Forces, parent of a member or female dependant of a member.


“(9.) For the purposes of the last three preceding sub-regulations, accommodation shall not be deemed to be suitable unless—

(a) the rent of the alternative accommodation does not exceed the rent of the premises at present occupied;

(b) the floor area of the alternative accommodation is not less than the floor area of the premises at present occupied;

(c) the alternative accommodation is not less congenial than the premises at present occupied; and

(d) the conditions generally appertaining to the alternative accommodation are not inferior to the conditions appertaining to the premises at present occupied.”.

 

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

Overview

The Statutory Rules 1943 No. 26, which was enacted under the National Security Act 1939–1940, addresses the specific issue of providing tenant protection for members of the armed forces, their parents, and female dependants during wartime. This legislation was introduced by the Commonwealth Parliament to mitigate the adverse effects on these individuals who were serving or supporting the war effort. The overarching policy objective was to ensure that service members and their families could not be evicted from their homes without a fair and just process, particularly during a period when housing was scarce and finding suitable alternative accommodation was challenging. By mandating that alternative accommodation must be available and suitable, the regulation aimed to protect these vulnerable individuals from undue hardship and homelessness.

Scope and Application

The Statutory Rules 1943, No. 26, made under the National Security Act 1939–1940, amend the National Security (War Service Moratorium) Regulations to provide additional protections for certain individuals associated with members of the Forces during the war period. This legislative instrument specifically applies to members of the military forces, their parents, and female dependants, ensuring that their tenancy rights are safeguarded during wartime. The regulation restricts the recovery of possession or ejectment from these individuals unless suitable alternative accommodation is available, thereby preventing displacement without adequate alternatives. This legislation is applicable across the Commonwealth of Australia and extends to all relevant jurisdictions within the nation. While the primary focus is on protecting the rights of military-connected individuals, there are no explicit exclusions or exemptions outlined in the regulation itself, though the suitability criteria for alternative accommodation are stringently defined. The application of these regulations is further governed by the National Security (Landlord and Tenant) Regulations, which can be extended or modified through subsequent subordinate instruments.

Key Provisions

The Statutory Rules 1943, No. 26 amends the National Security (War Service Moratorium) Regulations by introducing provisions concerning the recovery of possession of premises occupied by members of the Forces, their parents, or female dependants. Regulation 30 (6) specifies that an order for the recovery of possession or ejectment from such persons cannot be made unless the Fair Rents Board or court is satisfied that suitable alternative accommodation is immediately available. This means that landlords cannot evict or seek to evict these individuals without first ensuring that they have a viable alternative place to live (National Security (War Service Moratorium) Regulations, Regulation 30(6)). Regulation 30(7) provides that if an eviction order was made before this amendment, it cannot be executed unless the court is satisfied that suitable alternative accommodation is available and consents to the execution of the order. This regulation ensures that any existing eviction orders against members of the Forces or their dependants remain unenforceable unless alternative accommodation is confirmed (National Security (War Service Moratorium) Regulations, Regulation 30(7)). Regulation 30(8) outlines circumstances under which an eviction order can be enforced against these individuals if their tenancy has already been lawfully terminated, but they remain in possession. The court must be satisfied that the individual has failed to pay rent, failed to care for the property, committed waste, engaged in nuisance or illegal activities, or that the premises are needed for personal use by the landlord, with suitable alternative accommodation available (National Security (War Service Moratorium) Regulations, Regulation 30(8)). Regulation 30(9) specifies the criteria for determining suitable alternative accommodation, which must not exceed the rent, be less than the floor area, be less congenial, or have inferior conditions compared to the current premises (National Security (War Service Moratorium) Regulations, Regulation 30(9)). The Act imposes specific obligations on landlords and courts to ensure that any eviction or recovery of possession orders against members of the Forces, their parents, or female dependants cannot proceed unless suitable alternative accommodation is available. Landlords must verify and provide evidence of such accommodation to the Fair Rents Board or court, while the court must assess the evidence and decide whether to allow the enforcement of the order. These obligations are intended to protect the housing stability of those serving in the Forces or their immediate family members during times of war. Failure to comply with the provisions outlined in this regulation may lead to legal consequences. While the specific penalties are not detailed in the regulation itself, breaches of tenancy and eviction laws generally can result in fines, legal action, or other civil penalties under relevant state or territory laws. Additionally, courts may impose penalties for non-compliance with their orders, which could include further fines or even imprisonment for contempt of court in severe cases. It is essential for all parties to adhere to these regulations to avoid any legal repercussions.

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