(1) In this Part, unless the contrary intention appears:discharged member of the Forces means a person who having been a member of the Defence Force engaged on war service during the present war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation:
(a) has been discharged from the Defence Force, or has ceased to be engaged on war service, for a period not exceeding the prescribed period, or(b) having been discharged from the Defence Force, or having ceased to be engaged on war service, for a period exceeding the prescribed period:(i) is receiving a pension from the Commonwealth, or(ii) is not receiving such a pension, but is receiving from the Commonwealth medical treatment of such a nature as to prevent him or her either wholly or partly from engaging in his or her occupation.female dependant of a member means a female who is wholly or substantially dependent for her support upon a member of the Forces or a member of the United Nations Forces.
female dependant of a discharged member means:
(a) a female who is wholly or substantially dependent for her support upon a person who, having been a member of the Defence Force engaged on war service during the present war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation, has been discharged from the Defence Force, or has ceased to be engaged on war service, for a period not exceeding the prescribed period,(b) a female who is wholly or substantially dependent for her support upon a pension payable in consequence of the incapacity or the death of a person who has been a member of the Forces or a member of the United Nations Forces,(c) the wife of a person who, having been a member of the Defence Force engaged on war service during the present war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation:(i) has been discharged from the Defence Force, or(ii) has ceased to be engaged on war service,and although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him either wholly or partly from engaging in his occupation,(d) the widow of a member of the Forces or of a member of the United Nations Forces who died while engaged on war service during the present war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation.member of the Forces means a member of the Defence Force engaged on war service (otherwise than in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation), and includes any person who is on active service (otherwise than in connection with any such naval, military or air operations) with the Naval, Military or Air Forces:
(a) of the United Kingdom or of any other part of the Queen’s dominions (other than the Commonwealth),(b) of any foreign power allied or associated with Her Majesty in any war in which Her Majesty is engaged, or(c) maintained by any foreign authority recognised by Her Majesty as competent to maintain Naval, Military or Air Forces for service in association with Her Majesty’s Forces.member of the United Nations Forces means a member of the Defence Force engaged on war service in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation, and includes any person who is on active service, in connection with such naval, military or air operations, with the Naval, Military or Air Forces:
(a) of the United Kingdom or of any other part of the Queen’s dominions (other than the Commonwealth), or(b) of any foreign power aiding or assisting the United Nations Organisation in the conduct of such naval, military or air operations.parent of a member means a person who is a parent of, and is wholly or substantially dependent for his or her support upon, a member of the Forces or a member of the United Nations Forces.
parent of a discharged member means:
(a) a person who is a parent of, and is wholly or substantially dependent for his or her support upon, a person who, having been a member of the Defence Force engaged on war service during the present war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation, has been discharged from the Defence Force, or has ceased to be engaged on war service, for a period not exceeding the prescribed period,(b) a person who is a parent of, and is wholly or substantially dependent for his or her support upon a pension payable in consequence of the incapacity or death of, a person who has been a member of the Forces or a member of the United Nations Forces,(c) a parent of a person who, having been a member of the Defence Force engaged on war service during the present war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation:(i) has been discharged from the Defence Force, or(ii) has ceased to be engaged on war service,and, although not receiving a pension, is receiving from the Commonwealth medical treatment of such a nature as to prevent him or her, either wholly or partly, from engaging in his or her occupation, and upon whom that parent was, immediately prior to the discharge of that person, or immediately prior to that person ceasing to be engaged on war service, wholly or substantially dependent for his or her support.pension means a pension (including a service pension) under the Repatriation Act 1920–1951 of the Parliament of the Commonwealth, and includes a pension payable under any law of a country outside the Commonwealth providing for payment of pensions to members, or former members of the Naval, Military or Air Forces of that country.
prescribed period means eight years or such extended period as the Governor may, from time to time by proclamation published in the Gazette, appoint.
Editorial note. See proclamation published in Gazette No 120 of 6.8.1954, p 2344.present war means any war in which His Late Majesty King George VI became engaged on or after the third day of September, one thousand nine hundred and thirty-nine, and includes any prescribed naval, military or air operations (whether such operations commenced before or after the commencement of the Landlord and Tenant (Amendment) Act 1952).
Editorial note. See Regulation published in Gazette No 144 of 14.8.1953, p 2599.protected person means:
(a) a member of the Forces or a member of the United Nations Forces who:(i) is, or(ii) was, for a total period of not less than twelve months during his or her period of war service,required, by reason of his or her war service, to live in premises other than premises occupied by him or her, or by a member of the household to which he or she belongs, as a home,(b) a discharged member of the Forces who was:(i) immediately prior to his or her discharge,(ii) for a continuous period of not less than three months during the period of six months immediately prior to his or her discharge, or(iii) for a total period of not less than twelve months during his or her period of war service,so required,(c) a female dependant of a member or a parent of a member and that member:(i) is, or(ii) was, for a total period of not less than twelve months during his or her period of war service,so required, or(d) a female dependant of a discharged member or a parent of a discharged member and that member was:(i) immediately prior to his or her discharge, ceasing to be engaged on war service, or death, as the case may be,(ii) for a continuous period of not less than three months during the period of six months immediately prior to his or her discharge, ceasing to be engaged on war service, or death, as the case may be, or(iii) for a total period of not less than twelve months during his or her period of war service,so required.war service means:
(a) the service of a member of the Citizen Forces when called up for war service under the Defence Act 1903–1941 of the Parliament of the Commonwealth or during continuous training under that Act, the Naval Defence Act 1910–1934 of the Parliament of the Commonwealth or the Air Force Act 1923–1941 of the Parliament of the Commonwealth,(b) the continuous service under any of those Acts of any person who volunteers and is accepted for such service during war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation,(c) the continuous service of a person called upon to serve in the Defence Force in pursuance of any Act of the Parliament of the Commonwealth or of any regulations under an Act of the Parliament of the Commonwealth, and(d) the service during war or in connection with any naval, military or air operations conducted by or on behalf of the United Nations Organisation of a member of the Permanent Forces.(2) For the purpose of determining whether a person was or has been a member of the Forces, any reference in this section to Her Majesty or to the Queen shall be construed as including a reference to His Late Majesty King George VI.
100 Limitation on power of court to make order for recovery of possession
Except in the case of an order made upon any one or more of the grounds set out in paragraph (a), (b), (c), (d), (e), (f), (k), (m), (n), (o), (p), (q), (r), (t), (u), (v), (w), (x) or (y) of subsection (5) of section 62, an order for the recovery of possession of any prescribed premises shall not be made against a protected person unless the court, in addition to being satisfied upon any other ground upon which the court is required to be satisfied, is further satisfied:(a) that reasonably suitable alternative accommodation is, or has been since the date upon which notice to quit was given, available for the occupation of the protected person in lieu of the prescribed premises in respect of which the making of an order is sought, or(b) that the protected person (being the lessee) has sub-let the prescribed premises in respect of which the making of an order is sought and is permanently residing elsewhere, or(c) that the lessor is the occupant of a dwelling-house the subject of an order for recovery of possession made in favour of a protected person and that such protected person has not provided suitable alternative accommodation for such lessor and any other persons occupying such dwelling-house.
101 Protection of protected person claiming under lessee where tenancy determined
(1) Where a tenancy of prescribed premises has been lawfully determined and a person claiming under the lessee pursuant to some arrangement or agreement made or entered into before the commencement of the Landlord and Tenant (Amendment) Act 1952 and actually in possession of the prescribed premises or any part thereof was a protected person, or had ceased to be a protected person for a period not exceeding two years, at the date on which an order for recovery of possession of those premises was made, that order shall not be enforced against that person unless the court which made the order:(a) is satisfied that, had that person been in fact the lessee of those premises from the person in whose favour the order was made, the person in whose favour the order was made could establish any one or more of the grounds set out in subsection (5) of section 62 (other than the ground set out in subparagraph (ii) of paragraph (b) or in paragraph (n) of that subsection), and(b) gives leave to enforce the order against that person.(2) Except in the case where under subsection (1) the court is satisfied that the person in whose favour an order was made could establish any one or more of the grounds set out in paragraph (a) or subparagraph (i) of paragraph (b) or paragraph (c), (d), (e), (f), (k), (m), (n), (o), (p), (q), (r), (t), (u), (v), (w), (x) or (y) of subsection (5) of section 62, a court shall not give leave to enforce an order against a person who was a protected person, or had ceased to be a protected person for a period not exceeding two years, at the date on which the order was made, unless the court, in addition to being satisfied upon any other matter upon which the court is required to be satisfied, is satisfied that reasonably suitable alternative accommodation is available for the occupation of that person in lieu of the premises in respect of which the giving of leave to enforce an order is sought.
102 Sections 100 and 101 not to apply where lessor is a protected person or age pensioner
(1) The provisions of sections 100 and 101 shall not apply in relation to prescribed premises of which the lessor is:(a) a protected person, or(b) a person in receipt of age pension under the Social Services Consolidation Act 1947 (as amended by subsequent Acts) of the Parliament of the Commonwealth.(2) The provisions of section 100 shall not apply in the case of proceedings for the recovery of possession of prescribed premises where the court in which the proceedings are taken is satisfied that the refusal to make an order would prejudice any claim or proposed claim by the lessor for age pension under the Social Services Consolidation Act 1947 (as amended by subsequent Acts) of the Parliament of the Commonwealth.(3) Where pursuant to section 101 the leave of the court which made an order for the recovery of possession of prescribed premises is sought to enforce that order, the court, notwithstanding that it may not be satisfied upon any of the matters upon which it is required to be satisfied by that section, shall not refuse to give that leave if it is satisfied that refusal to give that leave would prejudice any claim or proposed claim by the lessor for age pension under the Social Services Consolidation Act 1947 (as amended by subsequent Acts) of the Parliament of the Commonwealth.
111 Rental of farms by members of the Forces etc
(1) The owner of any land to which this section applies (not being land the fair rent of which is fixed or determined by or under, or may be fixed or determined by or under, this Act) shall not, without the leave of the appropriate court, increase the rent thereof, and any increase made in contravention of this section shall, notwithstanding any agreement to the contrary, be irrecoverable:Provided that:
(a) where the owner incurs expenditure on the improvement of the land, or the structural alteration of any building erected on the land (not including expenditure on decoration or repairs) an increase of rent at a rate not exceeding eight per centum per annum on the amount so expended shall not be deemed to be an increase for the purposes of this section,(b) any transfer to a tenant of any burden or liability previously borne by the owner shall for the purposes of this section be treated as an alteration of rent, and where as the result of such a transfer the terms on which the land is held are on the whole less favourable to the tenant than the previous terms the rent shall be deemed to be increased whether or not the sum periodically payable by way of rent is increased,(c) any increase of rent in respect of any transfer to the owner of any burden or liability previously borne by the tenant where as the result of the transfer the terms on which the land is held are on the whole more favourable to the tenant than the previous terms shall be deemed not to be an increase of rent for the purposes of this section, and(d) where the owner pays the rates payable by the occupier of any land an increase of the rent of the land payable for any period shall not be deemed to be an increase for the purposes of this section if the amount of the increase does not exceed the increase in the amount payable by the owner in respect of the rates during the same period and for the purposes of this paragraph the expression “rates” includes water rates and charges.(2) A person shall not, in consideration of the grant, renewal, or continuance of a tenancy of any land to which this section applies, require from any protected person the payment of any fine, premium or other like sum in addition to the rent.(3) In this section:farming or dairying pursuits includes agriculture, fruit-growing, bee-farming, poultry-farming, stock-raising, or any kindred pursuit.
land to which this section applies means land occupied by a protected person and used:
(a) for the purposes of carrying on farming or dairying pursuits, or(b) for such other purposes as the Minister, by order published in the Gazette, specifies.the appropriate court means:
(a) where the rent payable does not exceed one hundred and forty dollars per annum—the Local Court,(b) where the rent payable exceeds one hundred and forty dollars per annum—a District Court.(4) This section shall, notwithstanding section 5, bind the Crown.
112 Prohibition of eviction of dependants of members of the Forces in certain cases
(1) Where a soldier’s dependant is in occupation of a dwelling-house which was occupied by a member of the Forces or a member of the United Nations Forces by virtue of his or her employment, whether on terms of payment of rent or the provision of any other consideration or otherwise, it shall not be lawful for any person to evict the soldier’s dependant from the dwelling-house unless:(a) the soldier’s dependant has failed to comply with the terms and conditions (if any) on which the soldier’s dependant was permitted to occupy the dwelling-house, and(b) the person seeking to evict the soldier’s dependant has obtained the leave of the court.(2) The court, in considering any application for leave under subsection (1), shall take into consideration all the circumstances of the case, and in particular, shall have regard to any provision made by the person seeking the leave for other accommodation for the soldier’s dependant.(3) This section shall, notwithstanding section 5, bind:(a) the Crown,(b) the Housing Commission of New South Wales.(4) In this section:soldier’s dependant means
(a) parent of a member of the Forces or of a member of the United Nations Forces, or(b) female dependant of a member of the Forces or of a member of the United Nations Forces.the court, in relation to any application under this section, means the Local Court.
(5) The provisions of this section shall be in addition to and not in substitution for any of the other provisions of this Act.
113 This Part not to apply in certain cases
(1) Any person (in this section referred to as the claimant) who desires to do, or to continue or complete the doing of, any act against any person (in this section referred to as the respondent) in respect of the rental or possession of any premises may, if the respondent is resident in Australia and is not, to the knowledge of the claimant, a protected person, serve on the respondent, in the manner provided by this section, a notice requiring the respondent to inform the claimant, within fourteen days after the receipt of the notice, whether or not the respondent is a protected person within the meaning of this Part.(2) A notice under subsection (1) shall be served personally or by registered letter sent to the respondent’s last place of abode known to the claimant.(3) If, within the period specified in subsection (1), a statutory declaration by the respondent or by some person having knowledge of the facts stating that the respondent is a protected person within the meaning of this Part is not furnished to the claimant, then, notwithstanding that the respondent is, or at any subsequent time becomes, a protected person, this Part shall not apply in respect of the doing, or in respect of the continuance or completion of the doing, of an act of the kind referred to in subsection (1), provided the claimant commences to do, or to continue or complete the doing of, the act within three weeks after the expiration of the period specified in that subsection.(4) For the purposes of subsection (3), where the doing of any act is dependent on the completion of any preliminary act, the commencement of the doing, or the continuance or completion of the doing, of the preliminary act shall be deemed to be the commencement of the doing of the first-mentioned act.(5) If the claimant produces evidence (supported by statutory declaration) to the satisfaction of an officer thereto authorised in writing by the Minister, that the respondent:(a) has abandoned the property in respect of which the claimant desires to do, or to continue or complete the doing of, any act, or(b) cannot be found and that the claimant has made reasonable efforts to ascertain his or her whereabouts, and that the claimant is not aware that the respondent is a protected person,the officer may issue to the claimant a certificate to that effect and thereupon this Part shall not apply in respect of the doing, or in respect of the continuance or completion of the doing, of the act by the claimant.(6) A certificate purporting to be issued in pursuance of subsection (5) shall, in the absence of proof to the contrary, be deemed to have been duly issued.