STATUTORY RULES.

1921. No. 191.

REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1920.

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 1918-1920, to come into operation forthwith.

Dated this fifth day of October, 1921.

FORSTER,

Governor-General.

By His Excellency’s Command,

ARTHUR S. RODGERS,

For Minister of State for Repatriation.

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Amendment of War Service Homes Regulations 1919.

(Statutory Rules 1919, No. 177, as amended by Statutory Rules 1919, Nos. 191, 265, and 293, and by Statutory Rules 1920, Nos. 7, 80, and 196.)

1. Regulation 43 of the War Service Homes Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2) For the purposes of this Part—

(a) property shall only be deemed to be damaged by lightning if it is damaged by reason of the property or any adjoining premises being struck by lightning;

(b) property shall not be deemed to be damaged by flood or tempest where the damage so caused was due to the omission of the assured—

(i) in the case of building material, to take all reasonable precautions to safeguard the material from any such damage; or

(ii) in the case of a dwelling-house, to keep the dwelling-house, and in particular the roofs, drains and spouting thereof, in good order and repair; and

(c) a dwelling-house shall not be deemed to be damaged by tempest unless the damage is caused by reason of a breach being made in the dwelling house by the tempest.”

2. After regulation 48 of the War Service Homes Regulations the following regulation is inserted:—

Certain property not to be insured for benefit of purchaser or borrower.

“48a. (1) Water tanks shall not be insured for the benefit of a purchaser or borrower against flood or tempest.

“(2) Such outbuildings as the Commissioner specifies shall not be insured for the benefit of a purchaser or borrower against any prescribed risk.”

3. After regulation 55 of the War Service Homes Regulations the following regulation is inserted:—

Contribution by purchaser or borrower towards making good damage or loss.

“55a. (1) Where in the case of damage or loss from flood or tempest the damage to, or loss of, the property insured does not, in the opinion of the Commissioner, amount to Five pounds in value, the Commissioner may refuse to draw any amount from the War Service Homes Insurance Trust Account to make good the damage or loss and may require the purchaser or borrower to make good the damage or loss.

“(2) Where in the case of damage or loss from flood or tempest the damage to, or loss of, the property insured amounts to more than Five pounds in value the Commissioner may refuse to draw from the War Service Homes Insurance Trust Account any amount greater than that necessary to make good the damage or loss less Five pounds, and may require the purchaser or borrower to make good the damage or loss to the extent of Five pounds in value.

“(3) Where the purchaser or borrower fails, neglects, or refuses to comply with any requirement of the Commissioner under this regulation, the Commissioner may exercise all the powers conferred upon him by section 31 of the Act to the same extent as if, after notice in writing by the Commissioner, the purchaser or borrower had not complied with the requirements of that section.”

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