STATUTORY RULES.

1924. No. 36.

REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1923.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Service Homes Act 1918-1923, to come into operation forthwith.

Dated this fifth day of March, 1924.

FORSTER,

Governor-General.

By His Excellency’s Command,

P. G. STEWART,

Minister of State for Works and Railways.

Amendment of War Service Homes Regulations 1919.

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

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

Procedure under section 30a.

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

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

(a) delivered to the tenant personally; or

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

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

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

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

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

C.3624.—Price 3d.

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

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

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

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

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

Form B.

War Service Homes Act 1918-1923.

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

To

of

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

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

Dated this day of 19 .

Acting War Service Homes Commissioner.

Form C.

In the Court

at

in the State of

AFFIDAVIT OF SERVICE.

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

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

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

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

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

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

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

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

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

Before me—

A Justice of the Peace.

Form D.

In the Court,

at

in the State of

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

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

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

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

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

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

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

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

Given under my hand this day of 192 .

To

of

Magistrate sitting as a Court of Summary Jurisdiction.

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