REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 National Security Act 1939-1943.
Dated this fifteenth day of June, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
R. V. KEANE
for and on behalf of the Minister of State for Defence.
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NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS.
Part I.—Preliminary.
Citation.
1. These Regulations may be cited as the National Security (Landlord and Tenant) Regulations.
Commencement.
2. These Regulations shall come into operation on the second day of July, 1945.
Administration.
3. These Regulations shall be administered by the Minister of State for Trade and Customs.
Parts.
4. These Regulations are divided into Parts, as follows:—
Part I.—Preliminary.
Part II. —Fair Rents.
Division 1.— Administration.
Division 2.—Rent of Prescribed Premises.
Division 3.—Rent of Prescribed Premises other than Shared Accommodation.
Division 4.—Rent of Shared Accommodation.
Division 5.— General.
Part III. —Recovery of Possession of Prescribed Premises.
* Notified in the Commonwealth Gazette on 15th June, 1945.
6031.—Price 1s. 3d.
Repeal and saving.
5.—(1.) The National Security (Landlord and Tenant) Regulations (being Statutory Rules, 1941, No. 275, as amended by Statutory Rules 1941, Nos. 286 and 321; 1942, Nos. 14, 74, 112, 412, 456 and 551; 1943, Nos. 12, 88, 91, 163, 185, 262 and 273; and 1944, Nos. 44, 137 and 166) are repealed.
(2.) Every Fair Rents Board constituted or continued in existence under the repealed Regulations and in existence at the commencement of these Regulations shall continue in existence as if constituted under these Regulations, but may be abolished in accordance with these Regulations.
(3.) All rules for regulating the procedure of Fair Rents Boards made or continued in force under the repealed Regulations and in force at the commencement of these Regulations shall continue in force as if made under these Regulations, but may be varied or revoked by rules made under these Regulations.
Section 1 - National Security (Landlord and Tenant) Regulations - National Security (Landlord and Tenant) Regulations | Zoe
(4.) All determinations of fair rents made or continued in force under the repealed Regulations and in force at the commencement of these Regulations shall continue in force as if made under these Regulations, but may be varied in accordance with these Regulations.
(5.) All pending applications to, and other pending proceedings before, a Fair Rents Board under the repealed Regulations may be continued before, and may be determined by, that Board in accordance with these Regulations, and any pending application for a determination shall be deemed to be an application for a determination under these Regulations.
States to be bound.
6. These Regulations shall bind the Crown in right of a State.
Application of Regulations.
7.—(1.) These Regulations shall not apply in any Territory not forming part of the Commonwealth.
(2.) Parts I., III. and IV. of these Regulations shall apply in each State and in each Territory forming part of the Commonwealth.
(3.) Part II. of these Regulations shall apply in each State (other than the States of South Australia and Western Australia) and in each Territory forming part of the Commonwealth, but where the Minister is satisfied with respect to the State of South Australia or the State of Western Australia that the law in force in that State does not sufficiently carry out the objects of Part II. of these Regulations, the Minister may, by order published in the Gazette, declare that that Part, or such of the provisions of that Part as are specified in the order, shall apply in that State, and thereupon that Part, or the provisions so specified, shall, so long as the order continues in force, apply accordingly, but shall not otherwise so apply.
(4.) The Minister may, by order published in the Gazette, declare that the application of these Regulations shall extend to premises, or the premises included in any class of premises, specified in the order, and thereupon the application of these Regulations shall, notwithstanding anything contained in paragraph (b) of sub-regulation (1.) of regulation 12, sub-regulation (3.) of regulation 15 or regulation 69 of these Regulations, extend to these premises (including goods leased with these premises) or to the premises included in that class of premises (including goods leased with these premises).
Definitions.
8.—(1.) In these Regulations, unless the contrary intention appears—
“appeal” means appeal to a Fair Rents Board from a determination of the Controller;
“application” means an application to a Fair Rents Board or to the Controller under these Regulations;
“authorized officer” means any person appointed by the Controller in writing to be an authorized officer for the purpose of these Regulations;
“determination” means the determination of the fair rent of any premises, or of any goods leased therewith, made or continued in force under these Regulations;
“dwelling-house” means any prescribed premises (including shared accommodation) leased for the purposes of residence, and includes—
(a) the premises of any lodging-house or boarding-house;
(b) any part of premises which is leased separately for the purposes of residence,
but does not include premises licensed for the sale of spirituous or fermented liquors;
“Fair Rents Board” or “Board” means a Fair Rents Board constituted or continued in existence under these Regulations;
“lease” includes every contract for the letting of any prescribed premises, whether the contract is express or implied or is made orally, in writing or by deed, and includes a contract for the letting of prescribed premises together with goods, but does not include any lease arising under an attornment clause in a mortgage or in an agreement for the sale and purchase of land;
“lessor” and “lessee” mean the parties to a lease, or their respective successors in title, and include—
(a) a mesne lessor and a mesne lessee;
(b) a sub-lessor and sub-lessee; and
(c) in respect of premises which are subject to a mortgage, a mortgagee who enters or has entered into possession of the premises under the mortgage and a person who was the lessee of the premises under the mortgage or immediately prior to the mortgagee entering into possession,
respectively;
“prescribed premises” means any premises, other than—
(a) premises which are for the time being used, or which are ordinarily used, as a grazing area, farm, orchard, market garden, dairy farm, poultry farm, pig farm or bee farm; and
(b) any premises, or the premises included in any class of premises, declared by the Minister, by order published in the Gazette, to be excluded from the operation of these Regulations,
and includes any part of any premises and any land or appurtenances leased with any premises;
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“rates” includes any rates or charges made or levied by any local authority or other local governing body, including any municipal or city council and water or sewerage authority;
“rent” means the actual rent payable under a lease, and includes—
(a) the value to the lessor of any covenants, conditions or other provisions of, or relating to, the lease to be performed by the lessee, other than covenants, conditions and provisions usually entered into by a lessee; and
(b) any rates or taxes payable by a lessee in respect of any prescribed premises, other than excess water rates,
and where, in any lease—
(c) it is provided that a reduced amount, as rent, shall be accepted by the lessor upon any condition to be performed by the lessee, that reduced amount shall be deemed to be the rent payable under the lease; and
(d) any rebate, discount, allowance or other reduction is provided for, the amount payable after each such reduction is made shall be deemed to be the rent payable under the lease;
“shared accommodation” means any prescribed premises leased, or intended to be leased, for the purpose of residence and forming part of other prescribed premises, but does not include any prescribed premises forming a complete residence in themselves;
“tax” includes any tax, whether on land or on income derived from land, imposed by any law of the Commonwealth or of a State or Territory;
“Territory” means Territory of the Commonwealth;
“the Controller” means the Commonwealth Rent Controller appointed under these Regulations, and includes any person exercising any powers or functions delegated to him by the Controller;
“the prescribed date”, in relation to any prescribed premises, means such date as the Minister, by order published in the Gazette, fixes as the prescribed date in respect of the State or Territory in which the prescribed premises are situated;
“the repealed Regulations” means the Regulations repealed by these Regulations.
(2.) For the purposes of these Regulations, “lessee” includes a person who remains in possession of premises after the termination of his lease of the premises, and “lessor” has a corresponding meaning.
(3.) Where the lessor of prescribed premises supplies or provides any service in connexion with the premises and a separate charge is made for those services, the amount charged shall, for the purposes of these Regulations, be deemed to form part of the rent payable under the lease.
Part II.—Fair Rents.
Division 1.—Administration.
Constitution and abolition of Fair Rents Boards.
9.—(1.) The Minister may, for the purposes of these Regulations, constitute Fair Rents Boards at such places as he thinks fit.
(2.) The Minister may abolish any Fair Rents Board.
(3.) Where a Fair Rents Board is abolished, the Minister may, by order, make provision for the transfer of pending applications to and other proceeding's before, the Board to some other Fair Rents Board and pending applications and other proceedings so transferred may be determined by the Board to which they are transferred.
Procedure of Fair Rents Boards.
10. The Governor-in-Council of a State may make rules for regulating the procedure of Fair Rents Boards in that State, and the Minister may make rules for regulating the procedure of Fair Rents Boards in any Territory.
Commonwealth Rent Controller.
11.—(1.) For the purposes of these Regulations, there shall be a Commonwealth Rent Controller, who shall be appointed by the Minister and hold office on such terms and conditions as the Minister, on the recommendation of the Public Service Board, determines.
(2.) The Controller may, by writing under his hand, delegate all or any of his powers and functions under these Regulations or under any order made thereunder (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate.
(3.) Any delegation by the Controller under this regulation shall be revocable in writing at will and no such delegation shall prevent the exercise of any power or function by the Controller.
Powers of Controller and Fair Rents Boards.
12.—(1.) The Controller and each Fair Rents Board shall have and may exercise such powers and functions as are conferred upon him or it respectively by these Regulations, and may exercise these powers and functions—
(a) in relation to all prescribed premises (including goods leased therewith); or
(b) where the Minister, by order published in the Gazette, declares that it is desirable that the powers and functions of the Controller and of Boards shall be exercisable with respect to certain prescribed premises only, or with respect to a limited class of prescribed premises only—in relation to these prescribed premises (including goods leased therewith) only or to that limited class of prescribed premises (including goods leased therewith) only.
(2.) Any order under the last preceding sub-regulation may be expressed to apply only in relation to a State or Territory specified therein.
(3.) The powers and functions of a Fair Rents Board may be exercised by any Police, Stipendiary or Special Magistrate of the State or Territory in which the Board is constituted or, if the Minister so determines, by any such Magistrate and two other persons.
(4.) Where the Minister determines that the powers and functions of a Fair Rents Board shall be exercised by a Magistrate and two other persons, these other persons shall be appointed by the Minister and shall hold office during his pleasure.
Exercise of powers of Fair Rents Boards.
13. Where a Fair Rents Board consists of three persons—
(a) the Magistrate shall be the chairman of the Board;
(b) for the purpose of the exercise of its powers and functions, the chairman and one other member of the Board shall form a quorum; and
(c) subject to the last preceding paragraph, the powers and functions of the Board may be exercised notwithstanding any vacancy in the membership of the Board.
Clerks of Fair Rents Boards.
14. A Fair Rents Board shall appoint some person to be the Clerk of the Board.
Division 2.—Rent of Prescribed Premises.
Rent of prescribed premises.
15.—(1.) Except in the case of premises which were not in existence or were not leased on the prescribed date—
(a) the rent payable by the lessee of any prescribed premises (or of prescribed premises together with goods) in any part of the Commonwealth other than the State of South Australia or the State of Western Australia shall not, in respect of any period after the commencement of these Regulations and notwithstanding any term or covenant in any lease in force at any time after the commencement of these Regulations, exceed the rent payable in respect of the prescribed premises at the prescribed date; and
(b) the rent payable by the lessee of any prescribed premises (or of prescribed premises together with goods) in the State of South Australia or the State of Western Australia shall not, in respect of any period after the date of publication in the Gazette of any order under sub-regulation (3.) of regulation 7 of these Regulations in respect of the State in which the prescribed premises are situated and notwithstanding any term or covenant in any lease in force at any time after that date, exceed the rent payable in respect of the prescribed premises at the prescribed date.
(2.) The rent payable by the lessee of any prescribed premises in any part of the Commonwealth other than the State of South Australia or the State of Western Australia which were not in existence, or were not leased, on the prescribed date but were leased on the first day of March, 1945, or by the lessee of any such premises together with goods leased therewith, shall not, in respect of any period after the commencement of these Regulations, and notwithstanding any term or covenant in any lease in force at any time after the commencement of these Regulations, exceed the rent actually paid in respect of the prescribed premises at the first day of March, 1945.
(3.) Where in any State or Territory the powers conferred by these Regulations on the Controller or Fair Rents Board may be exercised in relation to certain prescribed premises (including goods leased therewith) only, or to a limited class of prescribed premises (including goods leased therewith) only, the provisions of this regulation shall apply, in that State or Territory, in relation to these prescribed premises (including goods leased therewith) only, or to that limited class of prescribed premises (including goods leased therewith) only.
(4.) Nothing in this regulation shall affect the operation of any determination.
(5.) Until any rent fixed by virtue of sub-regulation (1.) or (2.) of this regulation is increased or decreased by a determination, the rent so fixed shall be the fair rent of the prescribed premises (or of the prescribed premises together with goods) in respect of which it is so fixed, notwithstanding any change of ownership or tenancy or in the nature or value of the services supplied by the lessor or in the goods leased with the premises.
Division 3.—Rent of Prescribed Premises other than Shared Accommodation.
Application to have fair rent fixed by Board.
16.—(1.) The lessor, or a lessee who has paid, or has offered (either to the lessor personally or to the person to whom the rent is ordinarily paid) the money payable for, all rent due and payable under the lease up to a date not earlier then twenty-eight days before the date of the application, of any prescribed premises other than shared accommodation (not being prescribed premises in relation to which a Fair Rents Board is not authorized to exercise the powers conferred by this Part), or the owner of any such premises which are vacant, may apply to the Fair Rents Board nearest to the prescribed premises, or to any other Fair Rents Board if that other Board is satisfied that hardship will not be occasioned thereby to any party to the application, to have the fair rent of the prescribed premises determined by the Board.
(2.) An application shall be made by being lodged with the Clerk of the Board.
Notice of application.
17.—(1.) The applicant shall give at least seven days’ notice in writing of the time, date and place of hearing of the application to the lessor or lessee (if any), as the case may be.
(2) A notice required to be given to a lessor under the last preceding sub-regulation shall be deemed to have been duly given if it is served upon the person to whom the rent of the prescribed premises in respect of which the application is made is ordinarily paid.
(3.) Where an application is made by a mesne lessor or mesne lessee, or by a sub-lessor or a sub-lessee, the mesne lessor or sub-lessor shall forthwith give notice in writing of the time, place and date of the hearing of the application to his superior lessor, who shall be entitled to be a party to the application.
(4.) Where any superior lessor to whom notice is given under the last preceding sub-regulation or under this sub-regulation is himself a mesne lessee or sub-lessee, he shall forthwith give notice in writing of the time, date and place of the hearing of the application to his superior lessor who shall be entitled to be a party to the application.
(5.) Where any prescribed premises in respect of which an application is made are the subject of a mortgage, the lessor shall forthwith give notice in writing of the time, date and place of the hearing of the application to the mortgagee, who shall be entitled to be a party to the application.
Hearing of application.
18.—(1.) The Board shall hear the application and determine the fair rent of the prescribed premises.
(2.) On the hearing of the application, the Board shall make a thorough investigation without regard to legal forms or solemnities,
and shall not be bound by any rules of evidence, but may inform itself in such manner as it thinks fit.
(3.) Subject to the next two succeeding sub-regulations, the determination shall not increase the fair rent of any dwelling-house by such an amount that the annual rental thereof would be increased by more than six per centum of the sum which the Board is satisfied was necessarily expended by the lessor since the prescribed date or since the date of the last determination of the fair rent of the dwelling-house, whichever is the later, upon the improvement or structural alteration of the dwelling-house (but not including decoration, maintenance or repairs).
(4.) Where the Board is of opinion, having regard to the matters specified in the next succeeding regulation, that the rent as at the prescribed date is insufficient, the determination may increase the fair rent (in addition to any other amount by which it is increased under this sub-regulation) by an amount not exceeding the amount which, in the opinion of the Board, is the amount of the insufficiency:
(5.) The determination may increase the fair rent if the Board is satisfied that, by reason of an error or omission, an injustice has been occasioned by the last determination.
Matters to be considered by the Board.
19.— (1.) Subject to the last preceding regulation, in determining the fair rent the Board shall have regard to—
(a) the capital value of the premises at the prescribed date, or, if the premises were not in existence on that date, on the date on which the erection of the premises was completed;
(b) the annual rates and insurance premiums paid in respect of the premises;
(c) the estimated annual cost of repairs, maintenance and renewals of the premises and fixtures thereon;
(d) the estimated amount of annual depreciation in the value of the premises and the estimated time per annum during which the premises may be vacant;
(e) the rents of comparable premises in the locality of the premises the subject of the application;
(f) the rate of interest charged upon overdrafts by the Commonwealth Bank of Australia;
(g) any services provided by the lessor or lessee in connexion with the lease;
(h) any obligation on the part of the lessee to effect any improvements, alterations or repairs to the premises at his own expense;
(i) the justice and merits of the case and the circumstances and conduct of the parties; and
(j) any hardship which would be caused to the lessor or lessee or any other person by the making of an order increasing or reducing the rent of the premises including (but with-out limiting the generality of the word “hardship”) any loss which might be imposed upon the lessor by an order fixing the rent of the premises at an amount less than the lessor’s liability under a mortgage of, or contract of sale in respect of, the premises, or under a hire purchase agreement or contract of sale in respect of any goods leased with the premises.
Date of operation of determination
20. Every determination made by a Board shall come into force at a date fixed by the Board, but the date so fixed shall not be earlier then the date of the application.
Effect of determination.
21. Where any fair rent has been determined by a Board it shall, as from the date fixed under the last preceding regulation and until varied in pursuance of this Division, be the rent of the premises in respect of which it is fixed and, where any determination is made in respect of goods leased therewith, of the goods so leased.
Premises occupied by two or more lessees, &c.
22. Where separate portions of any prescribed premises are occupied by two or more lessees, or by a lessee or lessees and the lessor, and an application is made to determine the fair rent of any such portion, the Board shall ascertain an amount which would, if an application were made to determine the fair rent of the whole of the premises, be the fair rent of the whole, and the proportion thereof which it deems to be a fair rent of the portion of the prescribed premises the subject of the application, and shall determine the fair rent of that portion accordingly.
Boards shall fix rent on request of Controller.
23.—(1.) The Fair Rents Board nearest to any prescribed premises (not being shared accommodation or prescribed premises in relation to which a Fair Rents Board is not authorized to exercise the powers conferred by this Part) may of its own motion, and shall on receipt of a request from the Controller, after inquiry, determine the fair rent of the premises.
(2.) The Board shall give to the lessor and to the lessee of the premises notice of its intention to hold an inquiry as to the fair rent of the premises, and the notice shall, for the purposes of this Division, be deemed to be an application.
(3.) The notice to the lessor may be given in the manner provided by sub-regulation (2.) of regulation 17 of these Regulations and, if the premises are the subject of a mortgage, the lessor shall give notice as prescribed by sub-regulation (5.) of that regulation.
(4.) Where any lessor to whom notice is given is a mesne lessor or sub-lessor he shall give notice as required by sub-regulation (3.) of regulation 17 of these Regulations and where any superior lessor to whom notice under this sub-regulation is given is himself a mesne lessee or sub-lessee he shall give notice as required by sub-regulation (4.) of regulation 17 of these Regulations.
(5.) At the inquiry, the Board shall have the same powers as the Board has on the hearing of an application and any determination made by the Board shall have the same effect for all purposes as a determination made upon an application.
Lease of prescribed premises together with goods.
24.—(1.) The application of this Division shall extend in relation to prescribed premises together with goods leased therewith and any reference in this Division to premises shall, so far as applicable, include a reference to goods leased therewith.
(2.) On the hearing of an application to determine the fair rent of prescribed premises together with goods leased therewith, the Board shall fix the fair rent of the prescribed premises irrespective of the goods and may also, in its discretion, fix the fair rent of the goods.
Division 4.—Rent of Shared Accommodation.
Determination of rent of shared accommodation.
25.—(1.) The lessor, or the lessee who has paid, or has offered (either to the lessor personally or to the person to whom the rent is ordinarily paid) the money payable for, all rent due and payable under the lease up to a date not earlier than seven days before the date of the application, under a lease of shared accommodation (not being shared accommodation in relation to which the Controller is not authorized to exercise the powers conferred by this Part), or the owner of any such shared accommodation which is vacant, may make application in writing to the Controller to determine the fair rent thereof.
(2.) The Controller shall thereupon cause the shared accommodation to be inspected for the purpose of determining the fair rent thereof.
(3.) The Controller may of his own motion, from time to time, cause any shared accommodation to be inspected for the purpose of determining the fair rent thereof.
(4.) At least seven days prior to determining the fair rent of any shared accommodation, the Controller shall give notice of his intention to determine the fair rent to the lessor and lessee of the shared accommodation, or, in the case of shared accommodation which is vacant, to the intending lessor of that shared accommodation.
(5.) After an inspection of any shared accommodation has been made under sub-regulation (2.) or (3.) of this regulation, after making such inquiries and obtaining such reports (if any) as the Controller considers necessary, and after considering any representations made by the lessor (or intending lessor), and any representations made by the lessee (if any), of the shared accommodation, the Controller may determine the fair rent of the shared accommodation.
(6.) Every such determination shall come into force on a date fixed by the Controller, but the date so fixed shall not be earlier than seven days after the date of the determination.
(7.) In determining the fair rent of any shared accommodation the Controller shall have regard to the matters specified in regulation 19 of these Regulations.
(8.) After making any such determination, the Controller shall give notice in writing thereof, and of the date fixed as the date on which the determination shall come into force, to the lessor and the lessee concerned.
(9.) Where any fair rent has been determined in pursuance of this regulation, it shall, as from the date on which the determination comes into force and until varied by a Fair Rents Board on appeal or by a subsequent determination of the Controller, be the rent of the shared accommodation in respect of which it is fixed.
Appeal from determination.
26.—(1.) The lessor or lessee of any shared accommodation, in respect of which a determination has been made under the last preceding regulation may, within seven days after the giving of the notice referred to in sub-regulation (8.) of that regulation, by notice in writing lodged with the Clerk of the Fair Rents Board nearest to the shared accommodation (or of any other Fair Rents Board if that other Board is satisfied that hardship will not be occasioned thereby to any party to the appeal), appeal to that Board from the determination of the Controller.
(2.) Every notice of appeal given under the last preceding sub-regulation shall be deemed an application and the provisions of Division 3 of this Part relating to the giving of notice of, and the hearing of, an application to a Fair Rents Board to have the fair rent of any prescribed premises fixed by the Board shall apply thereto.
(3.) While any such appeal is pending, the determination of the Controller shall continue to have full force and effect.
Procedure on appeal.
27.—(1.) The Board shall hear the appeal and, having regard to the matters specified in regulation 19 of these Regulations, may confirm the determination of the Controller and dismiss the appeal or may determine the fair rent at such amount as, in the opinion of the Board, is the correct fair rent of the shared accommodation.
(2.) On the hearing of the appeal, the Board shall make a thorough investigation without regard to legal forms or solemnities, and shall not be bound by any rules of evidence, but may inform itself in such manner as it thinks fit.
(3.) The determination of the Board shall have effect from and including the date fixed by the Controller under sub-regulation (6.) of regulation 25 of these Regulations.
(4.) Where any fair rent has been determined in pursuance of this regulation it shall, until varied in pursuance of this Part, be the rent of the shared accommodation in respect of which it is determined.
(5.) The Board shall transmit a copy of its determination to the Controller.
Controller may refer application to Board.
28.— (1.) The Controller may, in his discretion, refer to a Fair Rents Board any application to the Controller to determine the fair rent of any shared accommodation and the Fair Rents Board shall thereupon determine the fair rent of the shared accommodation as if an appeal in relation thereto had been made to the Fair Rents Board from a determination of the Controller.
(2.) Any reference to a Board by the Controller under the last preceding sub-regulation shall be deemed an application to the Board and the provisions of Division 3 of this Part relating to the hearing of an application to a Fair Rents Board to have the fair rent of any prescribed premises fixed by the Board shall apply thereto.
(3.) A Fair Rents Board shall, on receipt of a request from the Controller, after inquiry, determine the fair rent of any shared accommodation specified in the request, and the provisions of regulation 23 of these Regulations shall apply in relation thereto as if the request had been made under that regulation.
(4.) Every determination under this regulation shall come into force on a date fixed by the Board, but so that the date so fixed shall not be earlier then the date of the reference or request.
Rent of shared accommodation and goods leased therewith.
29.— (1.) The application of this Division shall extend in relation to shared accommodation together with goods leased therewith and any reference in this Division to shared accommodation shall, so far as applicable, include a reference to goods leased therewith.
(2.) In any such case, the Controller or Fair Rents Board shall determine the fair rent of the shared accommodation irrespective of the goods and may also, in his or its discretion, determine the fair rent of the goods.
Division 5.—General.
Variation of order or determination.
30. A determination may be varied, on application made in the same manner as an application to the Controller or Board for a determination, and the provisions of this Part relating to determinations shall, so far as applicable, apply to variations of determinations.
Effect of determination.
31.—(1.) A determination shall apply to any lease of the prescribed premises or, where a determination is made in respect of prescribed premises and of goods leased therewith, to any lease of these premises together with the goods, for the time being subsisting, and to the lessor and lessee thereof, notwithstanding any change of ownership or tenancy or in the nature or value of the services supplied by the lessor or in the goods leased with the premises.
(2.) During such period as is specified in the determination, or, if no period is so specified, during the period commencing with the date of the determination and ending twelve months after that date, an application shall not be made to vary the determination, or to determine the fair rent of the prescribed premises or of the prescribed premises together with goods leased therewith, except on the ground that—
(a) by an error or omission, an injustice has been occasioned by the determination;
(b) substantial alterations or additions have been made to the premises, to the goods leased therewith or to the services supplied by the lessor since the determination was made; or
(c) the value of the premises, of the goods leased therewith or of the services supplied by the lessor has materially decreased since the determination was made.
(3.) The rent payable by the lessee of any prescribed premises shall not exceed the fair rent thereof determined by the Board or by the Controller, as the case may be, notwithstanding any term or covenant in any lease in force at the time of the application or at any time thereafter.
Premises not to be let at rent exceeding fair rent.
32.—(1.) Where the fair rent of any prescribed premises (including the fair rent of any goods leased therewith) is fixed by or under this Part—
(a) a person shall not—
(i) let the premises, or goods leased therewith, at a rent exceeding the fair rent thereof; or
(ii) demand, receive or pay any sum as rent exceeding the fair rent thereof;
(b) the legal remedies for the enforcement of any covenant or agreement—
(i) to pay rent for the premises, or goods leased therewith, exceeding the fair rent thereof; or
(ii) which, directly or indirectly, would secure to any person the payment of rent or of money in respect of the occupation of the premises, or of the use of the goods leased therewith, so that the amount received by the person would exceed the fair rent thereof,
shall be limited to the enforcement of payment of the fair rent thereof; and
(c) any sum paid as rent for, or in respect of the occupation of, the premises, or for the use of goods leased therewith, exceeding the fair rent thereof, shall be recoverable in an action for debt in any court of competent jurisdiction by the lessee from the lessor to whom it was paid.
(2.) In any prosecution for an offence arising under this regulation, the averment of the prosecutor—
(a) that the prescribed premises were let to a specified person on the prescribed date; and
(b) as to the rent payable in respect of the prescribed premises at the prescribed date,
shall be prima facie evidence of the matter or matters averred.
(3.) Any evidence given by a witness in support or rebuttal of a matter so averred shall be considered on its merits and the credibility and probative value of the evidence shall not be increased or diminished by reason of this regulation.
(4.) An averment shall not be made under this regulation unless the Crown Solicitor, the Assistant Crown Solicitor or a Deputy Crown Solicitor is satisfied that the averment is reasonably necessary for the due administration of justice and will not impose hardship upon, or occasion injustice to, the defendant and certifies in writing accordingly on the paper containing the averment.
(5.) An averment shall not be evidence for the purposes of this regulation unless a copy of the paper containing the averment has been served on the defendant in the same manner as the process requiring his attendance before the court.
(6.) Service of the copy of the paper containing the averment may be proved in the same manner as service of the process requiring the defendant's attendance before the court may be proved.
(7.) Upon the hearing of an information or complaint for an offence arising under this regulation, the court may, if the amendments can be made without hardship or injustice to the defendant, allow such amendments to be made in the writing containing an averment as appear to it to be desirable or to be necessary to enable the real question in dispute to be determined.
(8.) If in any such case the court considers the defendant has been misled by the form of the averment, it may refuse to allow the amendments or may, as a condition of allowing the amendments, adjourn the hearing of the case for such period as it thinks fit and may make such order as to the cost of the adjournment as it thinks proper.
Certain payments prohibited.
33.—(1.) A person shall not, whether as principal or agent, or in any other capacity—
(a) require, give or receive, or offer, promise or agree to give or receive, any bonus, premium or sum of money (other than rent) in consideration of, or in association with—
(i) the grant, acceptance, assignment or transfer of any lease of;
(ii) the renewal or extension of a lease or the continuance of a letting of:
(iii) any agreement for a lease or for the renewal, extension, assignment or transfer of a lease of;
(iv) his consenting to a sub-lease of; or
(v) his vacating,
a dwelling-house or, except with the consent of a Fair Rents Board, any other prescribed premises;
(b) pay, give or receive, or offer, promise or agree to pay, give or receive, any sum of money or other consideration—
(i) for obtaining or making available a key of a dwelling-house; or
(ii) for information as to a tenancy, or as to the possibility or likelihood of obtaining a tenancy, of a dwelling-house; or
(c) make it a condition of the granting of any lease of a dwelling-house that the lessee shall effect any improvements, alterations or repairs at his own expense.
(2.) Any sum paid in contravention of this regulation may be recovered by the person who paid it from the person to whom it was paid in an action for debt in any court of competent jurisdiction, or, if the person to whom it was paid is the lessor, may, without prejudice to any other method of recovery, be deducted by the lessee from any rent payable by him to the lessor within six months after the date of the payment.
Certain representations, &c., prohibited.
34. A person shall not make any representation, or do any other act, whereby a person is informed that, upon the purchase or exchange of any goods, he will receive or obtain, or be entitled to receive or obtain, the grant, transfer or assignment, renewal or extension of a lease, or consent to a sub-lease, of a dwelling-house.
Refusal to let dwelling-house to applicant with family prohibited.
35.—(1.) A person shall not refuse, or procure any person to refuse, to let a dwelling-house to any person on the ground that it is intended that a child shall live in the dwelling-house.
(2.) In any prosecution for an offence arising under the last preceding sub-regulation, where all the facts and circumstances constituting the contravention, other than the ground of the refusal, are proved, it shall lie upon the defendant to prove that the ground of refusal was not the ground alleged in the charge.
(3.) A person shall not—
(a) instruct any other person not to let; or
(b) state his intention, whether by advertisement or otherwise, not to let,
a dwelling-house to any person if it is intended that a child shall live in the dwelling-house.
(4.) A person shall not, for the purpose of determining whether or not he will let a dwelling-house, inquire from any prospective tenant of the dwelling-house whether—
(a) the prospective tenant has any children; or
(b) it is intended that a child shall live in the dwelling-house if it is let to that prospective tenant.
(5.) In any prosecution for an offence arising under the last preceding sub-regulation, where all the facts and circumstances constituting the contravention, ether then the purpose of the inquiry, are proved, it shall lie upon the defendant to prove that the purpose of the inquiry was not the purpose alleged in the charge.
Dwelling-house not to be let unless in good repair.
36. A person shall not let a dwelling-house which is not, at the date of the letting, in fair and tenantable repair.
Abolition of distress for rent of dwelling-houses
37. A person shall not levy or make any distress for rent of a dwelling-house.
No appeal from order of Board.
38. Every determination of a Fair Rents Board or of the Controller shall, except as provided by this Part, be final and without appeal, and no writ of prohibition or certiorari shall lie in respect thereof.
Costs not to be allowed.
39. No costs shall be allowed in any proceedings under this Part, not being proceedings in respect of an offence arising under this Part.
Summoning of witnesses and production of documents.
40.— (1.) The Controller, the Chairman of a Fair Rents Board, or where a Board consists of a Magistrate only, that Magistrate, may by summons in writing under his hand or under the hand of the Clerk of the Board, summon any person to attend the Controller or Board at the time and place mentioned in the summons, and then and there to give evidence and to produce books, documents or writings in his custody or control which he is required by the summons to produce.
(2.) The Controller or a Board may administer an oath or affirmation to any person appearing as a witness before the Controller or Board, whether the witness has been summoned or appears without being summoned, and may examine the witness upon oath or affirmation.
Failure to attend or produce documents.
41.—(1.) A person who has been served with a summons to attend the Controller or a Fair Rents Board shall not, without reasonable excuse, refuse or fail to attend the Controller or Board or to produce any documents, books, or writings in his custody or control which he was required by the summons to produce.
(2.) It shall be a defence to a prosecution for failing, without reasonable excuse, to produce any documents, books or writings if the defendant proves that the documents, books or writings were not relevant to the subject-matter of the proceedings before the Controller or Board.
Refusal to be sworn or give evidence.
42. A person appearing as a witness before the Controller or a Fair Rents Board shall not refuse to be sworn or make an affirmation or to answer any question relevant to any proceedings before the Controller or Board put to him by the Controller or any member of the Board or by any counsel, solicitor or agent appearing before the Controller or Board.
False testimony.
43. A witness before the Controller or a Fair Rents Board shall not knowingly give false testimony in any evidence given by him to the Controller or Board.
Protection to and liability of witness.
44. A witness before the Controller or a Fair Rents Board shall have the same protection and shall, in addition to the penalties provided by the National Security Act 1939-1943, be subject to the same liabilities in any civil or criminal proceedings, as a witness in any case tried in the Supreme Court of the State or Territory in which the proceedings before the Controller or Board take place.
Protection of reports and proceedings.
45.—(1.) No action or proceeding, whether civil or criminal, shall lie against any person for publishing in good faith for the information of the public—
(a) a copy of or a fair extract from, or a fair abstract of, any determination made by the Controller or a Fair Rents Board; or
(b) a fair and accurate report of any proceedings before the Controller or a Board.
(2.) A publication shall be deemed to be made in good faith for the information of the public if the person by whom it is made was not actuated by ill-will against the person defamed or by any other improper motive.
Contempt of Board.
46.—(1.) A person shall not wilfully insult or disturb a Fair Rents Board, or interrupt the proceedings of a Board, or use any insulting language to a Board, or by writing or speech use words which are false or defamatory of a Board, or otherwise commit any wilful contempt of a Board.
(2.) The Chairman of a Board, or, where a Board consists of a Magistrate only, that Magistrate, shall, in relation to any offence under sub-regulation (1.) of this regulation committed in the face of the Board, have all powers of a court of summary jurisdiction sitting in open court in relation to a contempt committed in the face of the court.
Protection of Board.
47. Every member of a Fair Rents Board shall, in the exercise of his functions as a member of the Board, have the same protection and immunity as a Justice of the High Court.
Information as to fair rent.
48. A Clerk of a Board, or the Controller, as the case may be, shall, on application, furnish to any person information as to the fair rent of any prescribed premises, or of any goods leased therewith, fixed by the Board or by the Controller.
Intervention by Attorney-General.
49. The Attorney-General may, at any stage of any proceedings under this Part before a Fair Rents Board, intervene by counsel, solicitor or agent on behalf of the Commonwealth and may examine witnesses and address the Board.
50.—(1.) Any person who is a party to proceedings under this Part or who may be affected by the result of any such proceedings may be represented by an agent, who may examine witnesses and address the Board or Controller on that person's behalf.
(2.).The agent shall not be—
(a) a barrister or solicitor, or a clerk of a barrister or solicitor, unless—
(i) all parties or persons affected consent thereto;
(ii) the Attorney General has intervened by counsel or solicitor; or
(iii) one of the parties or persons affected is a barrister or solicitor; or
(b) a person who—
(i) having been entitled to practice as a solicitor, is no longer entitled to practice as a barrister or solicitor; or
(ii) having been entitled to practice as a barrister, is no longer entitled to practice as a barrister or solicitor.
(3.) An agent shall not charge or receive any fee or other remuneration for or in respect of any matter or thing done by him in relation to any such proceedings unless the fee or other remuneration has been fixed by the Board or the Controller.
Records of rent.
51.— (1.) A lessor shall, by himself or his agent, keep or cause to be kept, a record showing the rent received in respect of prescribed premises (and of prescribed premises together with goods) leased by him.
(2.) The person having the custody of the record or of any previous like record, relating to a period not earlier then the prescribed date, in respect of the prescribed premises shall make the record available for inspection by any tenant of the prescribed premises or by an authorized officer.
(3.) The lessor shall, by himself or his agent, produce the records at the hearing of any proceedings under this Part in respect of the prescribed premises and the records shall at the hearing be evidence of the contents thereof.
(4.) A lessor or agent shall not knowingly make, or allow to be retained, in any such record any entry false in a material particular.
Receipts to be given.
52. The person receiving any payment of rent of prescribed premises (or of any prescribed premises together with goods) shall, at the time of receiving the payment give or cause to be given, to the person making the payment, a receipt for the payment, specifying the date of the payment, the amount paid, the period in respect of which the payment is made and the premises in respect of which the payment is made.
Lessor to ascertain fair rent.
53.— (1.) It shall be the duty of the lessor of any prescribed premises (or of any prescribed premises together with goods) to take all reasonable steps to ascertain whether the fair rent thereof is fixed by or under this Part and, if so, the amount of the fair rent.
(2.) Where any prescribed premises (or prescribed premises together with goods) were leased at the prescribed date, the lessor at the prescribed date shall, on demand in writing by the lessor at the time the demand is made, furnish to him, within twenty-eight days after receipt of the demand, a statutory declaration as to the rent of the premises (or of the premises together with goods) at the prescribed date.
(3.) Where any prescribed premises were not in existence, or were not leased, on the prescribed date, but were leased on the first day of March, 1945, the lessor at the first day of March, 1945, shall, on demand in writing by the lessor at the time the demand is made, furnish to him, within twenty-eight days after the receipt of the demand, a statutory declaration as to the rent of the premises (or of the premises together with goods) at the first day of March, 1945.
Certificate as to fair rent.
54.—(1.) In any proceedings before any court, a certificate by the Controller or by the Clerk of a Fair Rents Board that, in respect of a period specified in the certificate, the fair rent of any prescribed premises was fixed by a determination, and specifying the amount thereof, shall be evidence of the matters certified to.
(2.) Judicial notice shall be taken of the signature of the person signing any such certificate and of the fact that he is, or has been, the Controller or the Clerk of a Board.
Service of notices.
55.—(1.) Any notice required by this Part to be given to, or served upon, any, person may be given or served—
(a) by delivering the notice to him personally; or
(b) by forwarding the same by post in a prepaid letter addressed to him at his usual or last known place of abode or business or at any address notified to the Board or Controller as the address at which notices may be given to or served upon him.
(2.) Any notice required by this Part to be given to or served upon the Controller may be given by leaving the same at the office of the Controller with some person apparently employed thereat or by sending the same by post in a prepaid letter addressed to the Controller.
(3.) Where any notice is required by this Part to be given to, or served upon, a person whose address is unknown, it may be given or served by publishing it in the Gazette and in a daily newspaper circulating in the district in which the prescribed premises concerned are situated.
Service upon agent sufficient.
58.—(1.) Any notice required under this Part to be given to, or served upon, a lessor under the lease of any prescribed premises shall be deemed to have been duly given if it is given to, or served upon, the person to whom the rent payable under the lease is customarily paid.
(2.) Any notice required under this Part to be given to, or served upon, a lessee under the lease of any prescribed premises shall be deemed to have been duly given if it is given to, or served upon, the person by whom the rent payable under the lease is customarily paid.
(3.) If two or more persons are lessors or lessees under any lease of any prescribed premises, it shall be a sufficient compliance with any provision of this Part requiring any notice to be given to, or served upon, the lessors or lessees, if the notice is given to, or served upon, any one of the lessors or lessees.
Courts may order refund of amounts overpaid.
57. Upon conviction of any person for any offence arising under this Part the court may, in addition to any penalty, order that any amount which has been received by or paid to that person in contravention of this Part be refunded to the person by whom the payment was made, and the like proceedings may be taken upon the order as if the order had been a judgment of the court in favour of the last-mentioned person.
Part III.—Recovery of Possession of Prescribed Premises.
Restriction on eviction.
58.—(1.) Except as provided by this Part, the lessor of any prescribed premises shall not give any notice to terminate the tenancy or take or continue any proceedings to recover possession of the premises from the lessee or for the ejectment of the lessee therefrom.
(2.) A notice to quit given in contravention of this regulation shall not operate so as to terminate the tenancy in respect of which the notice was given.
(3.) Subject to this Part, a lessor may take proceedings in any court of competent jurisdiction for an order for the recovery by him of any prescribed premises (or of any goods leased therewith) or for the ejectment of the tenant therefrom if the lessor, before taking the proceedings, has given to the lessee, upon one or more of the prescribed grounds but upon no other ground, notice to quit in writing for a period determined in accordance with the next succeeding regulation, and that period of notice has expired.
(4.) Service of the notice to quit may, without prejudice to any other mode of service, be effected by delivering the notice to—
(a) some person apparently over the age of sixteen years and apparently residing in or in occupation of the premises: or
(b) the person by whom the rent of the premises is customarily paid.
(5.) The prescribed grounds shall be—
(a) that the lessee has failed to pay the rent in respect of a period—
(i) where the lessee’s period of occupation does not exceed six months—of not less than seven days;
(ii) where the lessee’s period of occupation exceeds six months but does not exceed twelve months—of not less than fourteen days; and
(iii) in any other case—of not less than twenty-eight days;
(b) that the lessee has failed to perform or observe some other term or condition of the lease and the performance or observance of that other term or condition has not been waived or excused by the lessor;
(c) that the lessee has failed to take reasonable care of the premises, or of any goods leased therewith, or has committed waste;
(d) that the lessee has been guilty of conduct which is a nuisance or annoyance to adjoining or neighboring occupiers;
(e) that the lessee or any other person has been convicted, during the currency of the lease, of any offence arising out of the use of the premises for any illegal purpose or that a court has found or declared that the premises have, during the currency of the lease, been used for some illegal purpose;
(f) that the lessee has given notice of his intention to vacate the premises and, in consequence of that notice, the lessor has agreed to sell or let the premises or has taken any other steps as a result of which he would be seriously prejudiced if he could not obtain possession;
(g) that the premises—
(i) being a dwelling-house—are reasonably required by the lessor for occupation by himself or by some person who ordinarily resides with, and is wholly or partly dependent upon, him; or
(ii) not being a dwelling-house—are reasonably required for occupation by the lessor or by a person associated or connected with the lessor in his trade, profession, calling or occupation;
(h) that the premises are used as, or have been acquired for use as, a parsonage, vicarage, presbytery or other like premises and are reasonably required for the personal occupation of a minister of religion (including a person who, although not ordained, is performing all the duties of a minister of religion);
(i) that the lessor is a trustee and the premises are reasonably required by a beneficiary under the trust for his personal occupation or for the occupation of some person who ordinarily resides with, and is wholly or partly dependent upon, him;
(j) that the premises have been occupied, or are occupied, in consequence of his employment by some person in the employ of the lessor and are reasonably required for the personal occupation in consequence of that employment of some other person employed by, or about to become employed by, the lessor;
(k) that the lessor has agreed to sell the premises by an agreement which requires the purchaser to pay not less than one-fourth of the whole purchase money within twelve months from the date thereof and by which the purchaser is entitled to vacant possession of the premises and the premises—
(i) being a dwelling-house—are reasonably required by the purchaser for occupation by himself or by some person who ordinarily resides with, and is wholly or partly dependent upon, him; or
(ii) not being a dwelling-house—are reasonably required for occupation by the purchaser or by a person associated or connected with the purchaser in his trade, profession, calling or occupation; or
(l) that the premises are reasonably required by the lessor for reconstruction or demolition.
Period of notice to quit.
59.—(1.) The period for which notice to quit shall be given shall be not less than a period of seven days, together with an additional seven days for each completed period of six months of occupation.
(2.) Nothing in the last preceding sub-regulation shall—
(a) require the giving of notice to quit for—
(i) a period exceeding fourteen days if the notice is given on any ground specified in paragraph (c), (d) or (e) of sub-regulation (5.) of the last preceding regulation and not on any other ground;
(ii) a period exceeding sixty days if the notice is given on any other ground; or
(iii) in the case of shared accommodation—a period exceeding fourteen days; or
(b) allow the giving of notice to quit for a period shorter than the period which, but for this regulation, would be required.
Notice to quit not to be given within six months of determination.
60. A lessor shall not, after the lessee has made an application for a determination, except with the consent of the Board to which application was made (or of the Controller, if application was made to the Controller), give a notice to quit on any ground specified in paragraph (f), (g), (h), (i), (j) or (k) of sub-regulation (5.) of regulation 58 of these Regulations until after the expiration of six months after the making of a determination thereon, but if a determination has not been made within a period of six months after the date of the application, the notice may be given after the expiration of that period.
Notice to specify grounds
61. A notice to quit shall specify the ground relied upon and shall give the particulars thereof and, in the proceedings, the lessor shall not be entitled to rely upon any ground not so specified.
Notice to quit to terminate lease.
62. A notice to quit given in accordance with the provisions of regulation 58 of these Regulations or of regulation 15 of the repealed Regulations shall, if the tenancy in respect of which the notice was given has not otherwise terminated, operate so as to terminate the tenancy of the premises at the expiration of the period specified in the notice, but nothing in this regulation shall operate so as to determine any tenancy before the date on which it would have terminated if this regulation had not been made.
Court to consider hardship.
63. On the hearing of any proceedings by a lessor for an order for the recovery of possession of any prescribed premises or for the ejectment of the lessee therefrom (whether the proceedings were commenced before or after the commencement of these Regulations), the court shall take into consideration, in addition to all other relevant matters—
(a) any hardship which would be caused to the lessee or any other person by the making of the order;
(b) any hardship which would be caused to the lessor or any other person by the refusal of the court to make the order; and
(c) where the application is made on any one or more of the grounds specified in paragraphs (g), (h), (i), (j), (k) and (l) of sub-regulation (5.) of regulation 58 of these Regulations—whether reasonably suitable alternative accommodation in lieu of the prescribed premises is, or has been since the date upon which notice to quit was given, available for the occupation of the person occupying the prescribed premises or for the occupation of the lessor or other person by whom the prescribed premises would be occupied if the order were made,
and may, in its discretion, make the order or may, on such conditions (if any) as it thinks fit, refuse to make the order notwithstanding that one or more of the prescribed grounds has been established.
Power to stay proceedings or orders.
64. In respect of any proceedings referred to in the last preceding regulation, the court may—
(a) from time to time, subject to such conditions (if any), and for such period as it thinks fit—
(i) adjourn the proceedings;
(ii) stay or suspend the execution of any judgment or order which has been made or given in the proceedings; or
(iii) postpone the date for recovery of possession or for ejectment specified in any such judgment or order; or
(b) subject to such conditions (if any) as it thinks fit, vary discharge or rescind any such judgment or order.
Hearing in chambers.
65. Proceedings for the recovery of possession of prescribed premises or for the ejectment of a lessee therefrom may, with the consent of all parties, be disposed of in chambers but nothing in this regulation shall affect the power of any court to dispose of any such proceedings in chambers otherwise then under this regulation.
Ejectment orders not enforceable unless made under Regulations.
66. Notwithstanding any provision of the law of any State or Territory of the Commonwealth, no order (other than an order made under these Regulations or under the repealed Regulations) made by any court for the recovery by the lessor of possession of any prescribed premises (or of any goods leased therewith) or for the ejectment of the lessee shall be enforceable.
Court may order compensation for misrepresentation.
67. Where a lessor has obtained an order for the recovery of possession of any prescribed premises or for the ejectment therefrom of a lessee and it is subsequently proved that the order was obtained by a fraudulent representation or the concealment of material facts, the court which made the order may order the lessor to pay to the former lessee such sum as appears to the court to be sufficient as compensation for damage or loss sustained by the lessee as the result of the order, and the like proceedings may be taken upon the order as if the order had been a judgment of the court in favour of the former lessee.
Premises not to be sold or re-letin certain cases.
68.—(1.) If a notice to quit is given on the ground specified in paragraph (g), (h), (i) or (j) of sub-regulation (5.) of regulation 58 of these Regulations and the premises in respect of which the notice is given are vacated in accordance with the notice or if an order for the recovery of possession of the premises or for the ejectment therefrom of the lessee is made on any such ground, the premises shall not, without the consent of the appropriate court, be again leased or sold or agreed to be leased or sold, until after the expiration of the period of twelve months immediately succeeding the date on which the premises were vacated, possession of the premises was recovered, or the ejectment effected.
(2.) Nothing in the last preceding sub-regulation shall prevent—
(a) the letting of any portion of the prescribed premises which is not reasonably required by the lessor or purchaser, as the case may be, provided that the total rent obtained is not greater than a reasonable rent for the whole of the premises less a reasonable deduction for the portion of the premises not so let; or
(b) where notice to quit has been given on the ground specified in paragraph (h), (i) or (j), the letting of the premises—
(i) to a minister of religion;
(ii) to a beneficiary under the trust; or
(iii) to some person in the employ of, or about to become an employee of, the lessor in consequence of his employment,
respectively.
(3.) A transaction entered into in contravention of sub-regulation (1.) of this regulation shall not thereby be invalidated, but nothing in this sub-regulation shall affect the liability of any person to any penalty in respect of any contravention of that sub-regulation.
(4.) In this regulation, “the appropriate court” means—
(a) where an order has been made by a court for the recovery of possession of the premises or for the ejectment therefrom of the lessee—that court; and
(b) in any other case—a court of summary jurisdiction constituted by a Police, Stipendiary or Special Magistrate.
Application to limited class of premises.
69. Where in relation to any State or Territory, an order is in force declaring that it is desirable that the powers and functions of the Controller and of Fair Rents Boards in that State or Territory shall be exercisable with respect to certain prescribed premises only, or with respect to a limited class of prescribed premises only, the provisions of this Part shall, in that State or Territory, apply only with respect to the prescribed premises, or limited class of prescribed premises, referred to in the order.
Enforcement of orders.
70. An order for the recovery of possession of any prescribed premises (or of any goods leased therewith) or for the ejectment of a lessee therefrom made by a court under these Regulations may be enforced in the same manner as a like order if made by that court otherwise then under these Regulations might be enforced.
Acceptance of rent not to waive notice to quit.
71. Where notice to quit any prescribed premises has been given, whether before or after the commencement of these Regulations—
(a) any demand by the lessor for payment of rent, or of any sum of money as rent, in respect of any period within six months after the giving of the notice;
(b) the commencement of proceedings by the lessor to recover rent, or any sum of money as rent, in respect of any such period; or
(c) the acceptance of rent, or of any sum of money as rent, by the lessor in respect of any such period,
shall not of itself constitute evidence of a new tenancy or operate as a waiver of the notice.
Persons not to interfere with use or enjoyment of premises.
72.— (1.) A person shall not, without the consent of the lessee of prescribed premises, or without reasonable cause (proof whereof shall lie upon the defendant), do, or cause to be done, any act, or omit, or cause to be omitted, any act whereby the ordinary use or enjoyment by the lessee of the premises or of any goods leased therewith, or of any conveniences usually available to the lessee, or of any service supplied to, or provided in connexion with, the premises is interfered with or restricted.
(2.) Where the lessor, or any agent or servant of the lessor, has been convicted of an offence arising under the last preceding sub-regulation, the court may order the lessor to do such things as are necessary to enable the lessee to resume the ordinary use or enjoyment of the premises, goods, conveniences or service, and the lessor shall comply with the provisions of the order.
(3.) For the purposes of this regulation, conveniences shall be deemed to be usually available to the lessee where, prior to the use of the conveniences having been interfered with or restricted without his consent, he has been allowed, at all times during the tenancy to use these conveniences as he desired or he has been allowed to use these conveniences at times agreed to by the lessor and lessee or at times equivalent to these times.
Protection of sub-tenants.
73. Where, prior to the lessee notifying the lessor that he intends to give up possession of any prescribed premises, or prior to the lessor of any prescribed premises giving notice to quit to the lessee, the lessee of the prescribed premises has sub-let the whole or any part thereof and—
(a) the lessee gives up possession of the prescribed premises; or
(b) an order is made for the recovery of possession of the prescribed premises or for the ejectment of the lessee therefrom on any of the grounds specified in paragraphs (a) to (f) of sub-regulation (5.) of regulation 58 of these Regulations,
the sub-lessee shall (if he is in possession of the whole or portion of the prescribed premises sub-let to him) be deemed to become the lessee thereof from the lessor upon the same terms and conditions as the terms and conditions of the sub-lease (as in force immediately prior to the lessee so notifying the lessor, or the lessor giving notice to quit to the lessee, as the case may be), and in a case to which paragraph (b) of this regulation applies, the order shall not be enforced against the sub-lessee.
Protection of certain persons is possession of premises.
74.—(1.) Where—
(a) the tenancy of any prescribed premises is terminated by virtue of the provisions of these Regulations or of the repealed Regulations;
(b) the person who was the lessee immediately prior to the termination of the tenancy (in this regulation referred to as “the former lessee”) dies after the termination of the tenancy; and
(c) a person (not being a lodger or boarder) resided with the former lessee immediately prior to his death and is actually in possession of the premises immediately after the death of the former lessee,
that person shall have the like right to continue in possession of the premises as the former lessee would have had if he had not died, but proceedings may be taken against that person for the ejectment of that person from the premises or for the recovery of possession of the premises from that person in accordance with the provisions of these Regulations as if he were a lessee of the premises.
(2.) Any order of a court made before the commencement of this regulation which could not have been made if this regulation had been in force when the order was made shall not be enforceable.
Costs not to be allowed.
75. No costs shall be allowed in any proceedings in relation to which this Part applies, not being proceedings in respect of an offence arising under this Part.
Intervention of Attorney-General.
76. The Attorney-General may, at any stage of any proceedings in relation to which this Part applies, intervene by counsel, solicitor or agent on behalf of the Commonwealth and may examine witnesses and address the court.
Jurisdiction of courts.
77. Where—
(a) the jurisdiction of any court of a State in proceedings for the recovery of possession of premises from a lessee or for the ejectment of a lessee therefrom is dependent upon the lessor having the right to possession of the premises; and
(b) that court cannot exercise jurisdiction in such proceedings, by reason that, under this Part, a lessor has not the right to possession of prescribed premises unless and until an order is made under this Part for the recovery of possession of the premises or for the ejectment of the lessee therefrom,
that court shall, by force of this regulation, be invested with jurisdiction in such proceedings with respect to prescribed premises.
Exclusion of premises let for a short term from operation of Part III.
78.—(1.) The lessor or former lessor under a lease, or the proposed lessor under a proposed lease, of any prescribed premises for a fixed term not exceeding six months may, at any time while the lessee or former lessee is in occupation of the premises, or prior to the commencement of the term of the proposed lease, make application in writing to the Controller to exclude the premises from the operation of this Part.
(2.) The applicant shall furnish such information in relation to the application as the Controller requires.
(3.) The Controller may, in his discretion, issue a certificate excluding the premises, for such period as is specified in the certificate, from the operation of the provisions of this Part and the premises shall be excluded accordingly.
(4.) The Controller may at any time revoke or vary any certificate issued under the last preceding sub-regulation.
Exclusion of certain subdivided premises, &c., from operation of Part III.
79.— (1.) The provisions of this Part shall not apply to or in relation to any prescribed premises in respect of which a certificate under this regulation is in force.
(2.) Where the owner of any prescribed premises is desirous of making the whole or any part of these premises available for accommodation, he may apply to the Controller for a certificate that the premises are premises to which this Part does not apply.
(3.) The Controller may—
(a) grant the application and issue the certificate, either unconditionally or subject to such conditions as he thinks-fit and for such period as he thinks fit; or
(b) refuse the application.
(4.) A certificate issued under this regulation in respect of prescribed premises being any part of a dwelling-house or of a residential unit in any building shall not have any force or effect in respect of any person who immediately prior to the issue of the certificate was the lessee of the dwelling-house or of any part of the dwelling-house or of the residential unit or of any other residential unit in the building.
(5.) The Controller may revoke or vary any certificate issued under this regulation.
(6.) This regulation shall apply only in relation to prescribed premises being—
(a) a dwelling-house which is not in whole or in part leased to any person;
(b) a dwelling-house which the owner or lessee has converted, or intends to convert, into two or three, but not more, residential units;
(c) a dwelling-house or part of a dwelling-house which is leased to any person and which is about to become vacant;
(d) a part of a dwelling-house which has been leased by the owner but is not for the time being leased to any person; or
(e) a residential unit in a building which the owner of the building proposes to lease or to permit to be leased for residential purposes separately from the remainder of the building and which has not previously been so separately leased,
but shall not apply in relation to any building containing more than three residential units or in relation to any residential unit in any such building.
(7.) In this regulation, “residential unit” means any part of a building which is or has been designed, whether originally or otherwise, for occupation as a residence independently of any other part of the building.
Part IV.—Miscellaneous.
Threats and boycotts prohibited.
80.—(1.) A person shall not, by any threat, or in any other manner, endeavor to dissuade or prevent a lessor or lessee from making or prosecuting any application under these Regulations, or taking or continuing any proceedings in relation to which these Regulations apply.
(2.) The owner of any prescribed premises, and the agent of any such owner, shall not refuse, or procure any person to refuse, to lease the premises to any other person who desires to lease the same if the reason for that refusal was the fact that that other person had made an application to a Board or the Controller under these Regulations or the repealed Regulations.
(3.) In any prosecution for an offence arising under the last preceding sub-regulation, where all the facts and circumstances constituting the contravention, other than the reason for the refusal, are proved, it shall lie upon the defendant to prove that the reason for the refusal was not the reason alleged in the charge.
(4.) A person shall not do, or procure to be done, any act or thing for the purpose of imposing any detriment or disadvantage upon a lessor or lessee because the lessor or lessee has made an application under these Regulations or the repealed Regulations or has taken any proceedings in relation to which these Regulations or the repealed Regulations apply.
Contracting out prohibited.
81. No covenant or agreement (whether entered into before or after the commencement of these Regulations) shall have any force or effect to deprive any lessee of any right, power, privilege or benefit provided for by these Regulations.
Contracts to evade Regulations prohibited.
82. A person shall not enter into or make any contract or arrangement, whether orally or in writing, for the purpose of, or which has the effect of, in any way, and whether directly or indirectly, defeating, evading, or preventing the operation of, these Regulations in any respect.
Information to be furnished on request.
83.— (1.) The Controller or an authorized officer may require a person—
(a) to furnish to the person making the requirement such information as that person requires; or
(b) to answer any question put to him by that person,
in relation to any matter arising under these Regulations.
(2.) A person shall not, when so required—
(a) refuse or fail to furnish the information or to answer the question; or
(b) give any information or make any answer which is false in any particular.
(3.) A person shall not be obliged to furnish any information or to answer any question under this regulation unless he has first been informed by the person making the requirement that he is required and is obliged, by virtue of this regulation, to furnish the information or to answer the question.
Powers of entry and inspection.
84. The Controller or an authorized officer may, for the purposes of these Regulations, enter on and inspect any land or premises.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.