War Service Homes Regulations (Amendment)

Administered by Department of Veterans' Affairs

Legislation au F1997B01869 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1972 No. 172

————

REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1971.*

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 War Service Homes Act 1918-1971.

Dated this twelfth day of October, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Sgd. KEVIN M. CAIRNS

Minister of State for Housing.

—————

Amendments of the War Service Homes Regulations†

Determination of tenancy.

1. Regulation 74c of the War Service Homes Regulations is amended by omitting the words “sub-section (2.) or (2a)” (wherever occurring) and inserting in their stead the words “sub-section (2.), (2a.) or (3.)”.

Notice of intention to apply for a warrant.

2. Regulation 74d of the War Service Homes Regulations is amended—

(a) by omitting the words “sub-section (2.) or (2a.)” and inserting in their stead the words “sub-section (2.), (2a.) or (3.)”; and

(b) by omitting the words “under sub-section (3.)” and inserting in their stead the words “under sub-section (5.)”.

3. After regulation 74d of the War Service Homes Regulations the following regulation is inserted:—

Determination of tenancy by death.

“74da. Where a tenancy of a dwelling house has been determined by the death of the tenant, the Director, if he intends to make an application to the Court for a warrant under sub-section (5.) of section 30a of the Act, shall cause to be served on the occupier of the dwelling house a notice of intention to apply for a warrant, in accordance with Form C, not less than seven days before the day stated in the notice as the day on which the application is to be made.”.

Initiation of court proceedings.

4. Regulation 74g of the War Service Homes Regulations is amended by omitting the words “under sub-section (3.)” and inserting in their stead the words “under sub-section (5.)”.

Form of warrant.

5. Regulation 74h of the War Service Homes Regulations is amended by omitting the words “under sub-section (3.)” and inserting in their stead the words “under sub-section (5.)”.

6. After regulation 74j of the War Service Homes Regulations the following regulation is inserted:—

Form of notice.

“75. A notice to be published under sub-section (2.) of section 30b of the Act shall be in accordance with Form E.”.

 

* Notified in the Commonwealth Gazette on 1972.

† Statutory Rules; 1936, No. 74 as amended by Statutory Rules 1945, No. 202; 1946, No. 66; 1947, No. 93; 1943, Nos. 13 and 29; 1931, No. 16; 1956, No. 17; 1957, Nos. 18 and 54; 1962, No. 42; 1964, No. 55; and 1969, No. 164.

16775/72—Price 8c 8/21.9.1972

The Schedule—Form C.

7. The Schedule to the War Service Homes Regulations is amended by omitting from Form C the words “under sub-section (3.)” and inserting in their stead the words “under sub-section (5.)”,

The Schedule—Form D.

8. The Schedule to the War Service Homes Regulations is amended by omitting Form D and inserting in its stead the following forms:—

——————

Form D Regulation 74h.

In the Court

at

in

War Service Homes Act 1918-19  .

WARRANT TO ENTER AND GIVE POSSESSION TO THE DIRECTOR OF WAR SERVICE HOMES

Whereas

(hereinafter called the tenant) was, by virtue of sub-section (1.) of section 30a of the War Service Homes Act 1918-19  , to be deemed to be the tenant of the Director of War Service Homes of the dwelling-house and land situated at               :

*Strike out if inapplicable.

*And whereas the said Director has determined the tenancy under section 30a of the said Act:

* And whereas the tenancy has been determined under section 30a of the said Act by the death of the tenant and there is no new tenant under that section:

And whereas possession of the said dwelling-house and land has not been delivered up to the said Director:

And whereas the said Director has this day made application to the   Court, a court of summary jurisdiction, at                            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 said dwelling-house and land to the said Director:

And whereas the above recited grounds for the said application have been duly proved lo the satisfaction of the said Court:

Now therefore this Court of summary jurisdiction, in pursuance of the powers conferred by section 30a of the said Act, hereby authorizes and commands you on any day (except on Sunday) between the hours of nine o’clock in the morning 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 said dwelling-house and land to the said Director, and for so doing this shall be your warrant.

Given under my hand this day of  , 19 .

To   .

of

Magistrate

——————

Form E Regulation 75.

War Service Homes Act 1918-19

NOTICE OF REMOVAL AND STORAGE OF GOODS

Take notice that the Director of War Service Homes in pursuance of the powers conferred upon him by section 30b of the War Service Homes Act 1918-19               has caused certain goods found in the dwelling-house or on the land that is owned [or is being purchased] by              and is situated at to be removed and stored at              .

*To be inserted upon the first publication of the notice.

* And take notice that, after the expiration of the period prescribed by sub-section (4.) of that section, the said Director is empowered to cause the said goods to be sold by public auction or otherwise disposed of or to be destroyed.


†To be inserted upon the second publication of die notice.

*Insert the date of the day immediately following the expiration of three months after the second publication of the notice.

† And take notice that, on or after the ‡   day of   , 19 , the said Director is empowered to cause the said goods to be sold by public auction or otherwise disposed of or to be destroyed.

And take, notice that the said Director will, at any time before the said goods are so sold, disposed of or destroyed, deliver the goods to any person who satisfies the Director that he is entitled to possession of the goods and pays to the Director an amount fixed by the Director, being an amount not greater than the amount of the expenses incurred by the Director in relation to the goods.

Dated this day of , 19 .

Director of War Service Homes

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The War Service Homes Act 1918-1971, enacted by the Commonwealth Parliament, was designed to provide housing for war veterans and their families. The Act aimed to address the need for suitable housing for those who had served in the armed forces, particularly in the aftermath of World War I and subsequent conflicts. The War Service Homes Regulations 1972, made under the authority of the Act, provide detailed guidelines and procedures for the administration of war service homes, including the determination of tenancy, the process for issuing warrants for possession of properties, and the removal and storage of goods left behind by deceased tenants. The Regulations also establish the forms to be used in these processes, ensuring clarity and consistency in the execution of the Act's provisions. The policy objective is to ensure that veterans and their families have access to secure and suitable housing, while also managing the estates of deceased tenants in a fair and orderly manner.

Scope and Application

The War Service Homes Regulations 1972, made under the War Service Homes Act 1918-1971, govern the administration and management of war service homes in Australia. These regulations apply to the Director of War Service Homes, who is responsible for the implementation of the Act, and to any individuals or entities associated with the occupation or management of war service homes. The regulations cover various aspects, including the determination of tenancy, the process for initiating court proceedings to recover possession of a dwelling, and the forms required for notices and warrants. The regulations also specify the forms to be used for notices of intention to apply for a warrant and for notices of removal and storage of goods. The geographic reach of these regulations is national, as they apply across all jurisdictions in Australia. There are no stated exclusions or exemptions in these regulations, and they extend their application through the specified forms and procedures. Any amendments to these regulations are made through subsequent statutory rules, ensuring that the administration of war service homes remains current and effective.

Key Provisions

The primary sections of these Regulations under the War Service Homes Act 1918-1971 amend and introduce new procedures regarding the determination of tenancy, notice of intention to apply for a warrant, initiation of court proceedings, and the form of warrant and notice (Regulations 74c, 74d, 74g, 74h, 74da, and 75). These provisions address the circumstances under which a tenancy can be determined, particularly by the death of the tenant, and the procedures for the Director of War Service Homes to follow when seeking a warrant to reclaim possession of the dwelling house and land from the occupier. These Regulations impose several obligations on the Director of War Service Homes. For instance, Regulation 74da requires the Director to serve a notice of intention to apply for a warrant on the occupier of the dwelling house at least seven days before the application is made to the court. This notice must be in accordance with Form C, as specified in the Schedule. Regulation 74g mandates that the initiation of court proceedings must be under subsection (5) of section 30a of the Act, and Regulation 74h stipulates that the form of the warrant must also comply with subsection (5) of section 30a, with the warrant to be issued in accordance with Form D. Additionally, Regulation 75 specifies that a notice to be published under subsection (2) of section 30b of the Act must be in accordance with Form E. Failure to comply with these Regulations could lead to various consequences, though the specific penalties are not detailed in the text provided. However, given the nature of the legislation, non-compliance could potentially result in legal actions, fines, or other administrative penalties. The Regulations ensure that the Director follows due process when reclaiming possession of the dwelling house and managing the goods found within, thereby protecting both the rights of the tenant and the interests of the War Service Homes.

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