STATUTORY RULES.
1924. No. 86.
REGULATION 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, do hereby make the following Regulation under the War Service Homes Act 1918–1923, to come into operation forthwith.
Dated this eleventh day of June, 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.)
Regulation 19 C of the War Service Homes Regulations 1919, is repealed, and the following regulation inserted in its stead:—
“19 C. Except in cases where a condition has been inserted in the contract of sale, mortgage or other security in pursuance of section 37 of the Act, upon a failure by a purchaser or borrower to pay as it falls due any sum payable for rates, taxes, charges, assessments or outgoings in respect of the land or dwelling-house which is subject to a contract of sale or mortgage, the Commissioner may, if he thinks fit, pay the sum due, and may recover the amount paid, or any portion thereof, together with interest at the rate payable under the contract or mortgage, by action against the purchaser or borrower in any Court of competent jurisdiction.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.8730.—Price 3d.
Overview
The Statutory Rules 1924 No. 86, titled "Regulation Under the War Service Homes Act 1918–1923," was enacted by the Governor-General in Council, to provide amendments to the existing War Service Homes Regulations 1919. This regulation was established to address the issue of ensuring that rates, taxes, charges, assessments, or outgoings for land or dwelling houses under a contract of sale or mortgage were paid. The War Service Homes Act 1918–1923 was initially enacted to provide housing for returning soldiers and their families, and this regulation aimed to ensure that these properties remained properly managed and maintained by addressing financial responsibilities associated with ownership. The policy objective was to maintain the integrity of the housing scheme by ensuring that financial obligations were met, thereby supporting the ongoing provision of housing to war service personnel.
The regulation was issued by the Commonwealth Government, with the Minister of State for Works and Railways, P. G. Stewart, playing a key role in its drafting and implementation. It sought to provide a mechanism for the Commissioner to step in and pay outstanding sums due for rates, taxes, and other charges in cases where the purchaser or borrower failed to do so, thereby protecting the interests of all parties involved in the housing scheme. This intervention aimed to prevent the deterioration of properties and ensure the sustainability of the housing provision for war service personnel.
Scope and Application
The War Service Homes Regulations 1924, issued under the authority of the War Service Homes Act 1918-1923, pertain specifically to the administration and management of war service homes within the Commonwealth of Australia. These regulations apply to entities and individuals involved in the sale, mortgage, or other security transactions of land and dwelling-houses associated with war service homes, particularly where a purchaser or borrower fails to meet their obligations concerning rates, taxes, charges, assessments, or outgoings. The Commissioner, as empowered by these regulations, has the discretion to pay any sums due in such cases and subsequently recover the paid amount, including interest, through legal action against the defaulting purchaser or borrower. This regulation ensures that the financial responsibilities connected to the properties are upheld, thereby maintaining the integrity of the transactions. The regulations extend nationally, impacting all relevant parties across Australia, and do not specify exclusions or thresholds but rather rely on the conditions outlined within the original contracts and the broader Act.
Key Provisions
The main operative section of the Regulation under the War Service Homes Act 1918-1923 is Regulation 19 C, which replaces the previous Regulation 19 C of the War Service Homes Regulations 1919. This regulation permits the Commissioner to pay any sums due for rates, taxes, charges, assessments, or outgoings in respect of the land or dwelling-house, which is subject to a contract of sale or mortgage, if the purchaser or borrower fails to pay as it falls due (Regulation 19 C). The Commissioner can then recover the amount paid, or any portion thereof, together with interest at the rate payable under the contract or mortgage, by action against the purchaser or borrower in any Court of competent jurisdiction.
The obligations and requirements imposed by this Act on the parties or entities it governs include the responsibility of the purchaser or borrower to pay as it falls due any sums for rates, taxes, charges, assessments, or outgoings in respect of the land or dwelling-house that is subject to a contract of sale or mortgage. If the purchaser or borrower fails to meet this obligation, the Commissioner may intervene and pay the sum due on their behalf. The Commissioner is then entitled to recover the amount paid, or any portion thereof, together with interest, from the purchaser or borrower.
There are no explicit offences, penalties, or civil/criminal consequences mentioned for breach of this regulation. However, the consequences of non-payment by the purchaser or borrower would be the Commissioner's intervention to pay the sum due, followed by the entitlement to recover the amount paid, or any portion thereof, together with interest, from the purchaser or borrower in any Court of competent jurisdiction. The specific penalties for such breaches would depend on the outcome of any legal proceedings initiated by the Commissioner.