War Service Homes Regulations (Amendment)

Legislation au C1924L00036 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1924. No. 36.

 

REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1923.

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 War Service Homes Act 1918-1923, to come into operation forthwith.

Dated this fifth day of March, 1924.

FORSTER,

Governor-General.

By His Excellency’s Command,

P. G. STEWART,

Minister of State for Works and Railways.

 

Amendment of War Service Homes Regulations 1919.

(Statutory Rules 1919, No. 177, as amended to this date.)

1. After regulation 25a of the War Service Homes Regulations the following regulation is inserted:—

Procedure under section 30a.

“25b. (1) Notice of the intention of the Commissioner to make an application for a warrant pursuant to sub-section (3) of section 30a of the Act shall be served upon the tenant not less than seven days before the time stated in the notice as the time at which the application will be made (Form B).

(2) Service of the notice shall be deemed to have been duly effected if the notice or a true copy thereof is—

(a) delivered to the tenant personally; or

(b) delivered to a person apparently over the age of sixteen years at and apparently an inmate of the dwelling house and land the subject of the tenancy; or

(c) affixed in a prominent position on the front or other door of the dwelling-house and land the subject of the tenancy; or

(d) posted by prepaid registered post addressed to the tenant at the dwelling-house and land the subject of the tenancy.

(3) Service of the notice may be proved by affidavit indorsed upon the notice or a copy thereof (Form C). The affidavit may be sworn before a justice of the peace, or a commissioner for affidavits.

(4) The notice or a copy thereof with an affidavit of service duly completed indorsed thereon shall be left with the Clerk of the Court before the day upon which the application is to be made and the application shall be included in the list of matters to be dealt with by the Court upon that day.

C.3624.—Price 3d.


(5) Forms B, C and D in the Schedule to these Regulations or forms to the like effect shall suffice as forms of notice, affidavit and warrant respectively under section 30a of the Act and this regulation.”

2. Regulation 52 of the War Service Homes Regulations is amended by omitting from sub-regulation (1) thereof the words “the form” and inserting in their stead the words “Form A”.

3. The Schedule to the War Service Homes Regulations is amended—

(a) by inserting before the words “Commonwealth of Australia” in the heading to the form therein, the words “Form A”; and

(b) by adding at the end thereof the following forms:—

Form B.

War Service Homes Act 1918-1923.

NOTICE OF APPLICATION TO A COURT OF SUMMARY JURISDICTION FOR A WARRANT UNDER SECTION 30a (3).

To

of

Take notice that your tenancy under the War Service Homes Act 1918-1923 of the dwelling-house and land situate at              has been determined by the War Service Homes Commissioner under the powers conferred upon him by section 3ja of the said Act. And that you are hereby required to forthwith quit and deliver up the said dwelling-house and land to the said Commissioner.

And take further notice that if possession of the said dwelling-house and land is not delivered up to the said Commissioner before the              day of 19              , application will be made to the                            Court, at              , a Court of summary jurisdiction at the hour of                                           in the              noon on the said day or so soon thereafter as the Commissioner may be heard for the issue of a warrant under the said section authorizing entry to be made upon the said dwelling-house and land and possession thereof to be given to the said Commissioner.

Dated this day of 19 .

Acting War Service Homes Commissioner.

 

Form C.

In the Court

at

in the State of

AFFIDAVIT OF SERVICE.

I,     of   in the State of   make oath and say that I served the within-named tenant with a true copy of the within notice by—

(a) delivering the said copy to the tenant personally at     ;

Note.—Strike out the clauses which are not applicable.

(b) delivering the said copy to a person apparently over the age of sixteen years at, and apparently an inmate of, the dwelling-house and land the subject of the tenancy;

(c) affixing the said copy in a prominent position on the  door of the dwelling-house and land the subject of the tenancy;

(d) enclosing the said copy in an envelope addressed as follows:—

and by affixing all necessary postage stamps to such envelope and paying all necessary fees for registration thereof and by posting such envelope at the Post Office at              ;

on the   day of   192 , at the hour of   o’clock in the                                          noon.

Signed and sworn at in the said State the day of 192

Before me—

A Justice of the Peace.

Form D.

In the Court,

at

in the State of

War Service Homes Act 1918-1923, Section 30a (3).

WARRANT TO ENTER AND GIVE POSSESSION TO THE WAR SERVICE HOMES COMMISSIONER.

Whereas (hereinafter called the tenant) was deemed to be the tenant of the War Service Homes Commissioner within the meaning of the War Service Homes Act 1918-1923 of the dwelling-house and land situate at                            ,in the State of

And whereas the said tenant failed to comply with the terms and conditions of the tenancy and the said Commissioner in pursuance of section 30a (2) of the said Act determined the said tenancy.

And whereas the said tenant has failed to deliver up possession of the said dwelling-house and land to the said Commissioner and still retains the same.

And whereas the said Commissioner has this day made application to the Court, a Court of summary jurisdiction, at              , in the said State before me a              Magistrate for the issue of a warrant directed to such person as the Court thinks fit, requiring him, within a period to be specified in the warrant, to enter (if need be by force) into the said dwelling-house and land and to give possession of the same to the said Commissioner.

And whereas the above recited grounds for such application have been duly proved to the satisfaction of the said Court.

Now therefore this Court of summary jurisdiction doth hereby under the powers conferred by the said section 30a authorize and command you on any day (except on Sunday) between the hours of Nine o’clock in the forenoon and Four o’clock in the afternoon within a period of              days next after the date of this warrant to enter (if need be by force) into the said dwelling-house and land and to give possession of the same to the said War Service Homes Commissioner and for so doing this shall be your warrant.

Given under my hand this day of 192 .

To

of

Magistrate sitting as a Court of Summary Jurisdiction.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1924 No. 36, titled "Regulations under the War Service Homes Act 1918-1923," was enacted to provide further regulation under the War Service Homes Act 1918-1923. This Act was designed to address issues arising from the administration of war service homes, particularly in ensuring that former servicemen and their families were provided with suitable housing. The regulations were made by the Governor-General in Council, under the authority vested in him by the War Service Homes Act. The primary objective of these regulations is to clarify and enhance the procedural aspects of the Act, ensuring that the rights and obligations of tenants and the Commissioner are clearly defined and properly enforced. This includes establishing a formal procedure for the service of notices and the application for warrants, which are critical in the enforcement of tenancy agreements under the Act.

Scope and Application

The War Service Homes Regulations 1924, made under the War Service Homes Act 1918-1923, govern the conduct and procedures associated with the management of war service homes within the Commonwealth of Australia. These regulations apply to tenants of the War Service Homes Commissioner and provide detailed procedures for the Commissioner's application for a warrant to evict a tenant who has failed to comply with the terms of their tenancy. The regulations are applicable nationally, as they are established under the authority of the Commonwealth government. They do not specify any exclusions or exemptions within the text, although it is implied that they apply to all war service homes within the jurisdiction. The regulations extend their application through the use of forms, such as Form B for notice, Form C for affidavit of service, and Form D for the warrant, which are to be used in compliance with the outlined procedures.

Key Provisions

The War Service Homes Regulations 1924, as an amendment to the War Service Homes Regulations 1919, introduce specific procedures and forms related to the termination of tenancies under the War Service Homes Act 1918-1923. Firstly, regulation 25b outlines the requirements for serving a notice to tenants about an application for a warrant to enforce the termination of their tenancy. This notice must be served not less than seven days before the application is made, and it can be served personally, to an apparent occupant over sixteen years old, affixed to the dwelling, or posted by prepaid registered mail (section 25b(2)). The service of this notice must be proven by an affidavit, which can be sworn before a justice of the peace or a commissioner for affidavits (section 25b(3) and (4)). The notice, along with the completed affidavit, must be submitted to the Clerk of the Court before the application is made (section 25b(4)). Forms B, C, and D, detailed in the Schedule, are prescribed for this purpose (section 25b(5)). The Regulations impose specific obligations on the War Service Homes Commissioner and the affected tenants. The Commissioner must ensure that the prescribed notice is properly served on the tenant, and the tenant must vacate the premises by the specified date or risk facing legal action to enforce the termination of their tenancy. The Commissioner must also prepare and serve the required forms accurately and timely, ensuring compliance with the statutory requirements (section 25b). Additionally, tenants must be aware of the legal consequences of not complying with the notice, which could lead to court proceedings and the issuance of a warrant. Failure to comply with the provisions of these Regulations can result in serious consequences. The Act allows for the application to a Court of Summary Jurisdiction for a warrant to enforce the termination of a tenancy when a tenant does not vacate the premises as required. The Court has the authority to issue a warrant directing an individual to enter the premises and give possession to the Commissioner (section 30a(3)). Non-compliance with the terms of the tenancy can lead to legal action, and the failure to vacate the premises after the notice and warrant could result in the use of force to regain possession, as permitted by the warrant. The specific penalties for non-compliance are not detailed in the Regulations but may include fines or other legal sanctions as determined by the Court.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Procedure under section 30a
Service of Notice

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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.