National Fitness Act 1945 (WA)

No. 17.] National Fitness. [1945.

NATIONAL FITNESS.

9° and 10° GEO. VI., No. XVII.

No. 17 of 1945.

AN ACT relating to National Fitness.

[Assented to 9th Janztary, 1946.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :—

Short title. 1. This Act may be cited as the National Fitness Act,

1945.

Construction. 2. This Act shall be construed subject to the Com-

monwealth of Australia Constitution Act and to the National Fitness Act, 1941, of the Commonwealth and so as not to exceed the legislative power of the Parlia- ment of the State to the intent that any portion thereof which may be held to be in excess of that power or to be repugnant to any of the provisions of the National Fit- ness Act, 1941, of the Commonwealth aforesaid shall to the extent to which it is so in excess or is so repug- nant, be deemed to be severable from the other provisions of this Act and not to affect the validity or operation thereof.

Interprets.tion. 3. In this Act, unless the context otherwise requires-

wealth No. 26	Common- " Council" means the State National Fitness Council
of 1941, a. 2. established under this Act.

"Councillor" means a member of the Council.

1945.] National Fitness. [No. 17.

"Fund" means the State National Fitness Fund

established under this Act.

"Minister" means the Minister of the Crown for the time being and from time to time charged with the administration of the Education Act,

1928-1943.

4. (1) A Council, to be known as "The State National Fitness Council" is hereby established for the purposes mes	.11,t,
;a:erne/ Fit-
ev:b?ioggl
of this Act.
(2) The Council shall consist of the following persons, namely:

(a) The Minister ex officio who shall be Chairman;

(b) the Director of Education ex officio who shall be

Deputy Chairman;

(c) the Commissioner of Public Health and the

Town Planning Commissioner ex officio; and

(d) such other persons (not exceeding twenty-one) as the Governor may from time to time on the nomination of the Minister appoint.

(3) The members of the Council who are appointed by

the Governor shall hold office during the pleasure of the

Governor.

Proceedings.

5. (1) Any ten Councillors shall form a quorum of Council.

thereof.

(2) At all meetings of the Council the Chairman of the Council shall preside, if present, and, in his absence from any meeting the Deputy Chairman shall preside. If both the Chairman and the Deputy Chairman are absent from any meeting, the Councillors present shall elect one of their number to be Chairman of that meet- ing.

(3) Whenever the Councillors present at a meeting of the Council are not unanimous as to any matter such matter shall be decided by the majority of votes, and the decision so arrived at shall be the decision of the

Council.

No. 17.] National Fitness. [1945.

(4) The Chairman or the Deputy Chairman when pre- siding at any meeting of the Council shall have a deliberative vote and, in case of an equality of votes, the question shall be resolved in the negative.

Resignation. 6. Any Councillor, other than an ex officio Councillor,

may resign from the Council by notice in writing signed

by him and given to the Governor.

Appointment

of Commit-	7. (1) The Council may at any time and as often as it thinks fit appoint committees to do or transact such acts, matters and things within the scope of the powers, functions and duties of the Council under this Act as the Council may by resolution authorise such Committees to do and transact.
tees.

Any such Committee may consist of any number of persons, and may include persons who are not Council- lors, but every such Committee shall include at least one Councillor.

(2)

Every Committee shall meet at such times and

places as may be determined or otherwise approved by

the Council.

(3)

(4) A majority of the members of a Committee shall form a quorum thereof and the proceedings of every Committee and the conduct of the business at meetings of Committees shall as nearly as may be conform with the proceedings and conduct of the business at meetings of the Council.

(5) Every Committee shall prepare and submit in writ- ing to the Co-ordinating Committee constituted as in this Act hereafter provided prior to each meeting of such last mentioned Committee a report of the matters and busi- ness transacted by such first mentioned Committee since the submission of its next preceding report to the said Co-ordinating Committee.

(6) Every Committee shall prepare and submit in writ- ing direct to the Council such reports of matters and busi- ness transacted by it as the Council may from time to time require.

Co-ordinating

Committee. 8. (1) There shall be established for the purposes of

this Act, a Committee to be known as "the Co-ordinating Committee" which shall consist of the Chairman of each

1945.] National Fitness. [No. 17.

Committee appointed under section seven of this Act and also one other member of each and every such Committee.

Provided that of the two persons who in accordance with this subsection represent a Committee upon the Co- ordinating Committee aforesaid at least one shall be a Councillor.

(2) The Chairman and Deputy Chairman of the Coun- cil shall be Chairman and Deputy Chairman ex officio of the Co-ordinating Committee respectively, and in the event of the absence of the Chairman and the Deputy Chairman from any meeting of such Committee the mem- bers of the Committee present at such meeting shall elect one of such members (being a Councillor) to be the Chair- man of such meeting.

(3) The Co-ordinating Committee shall hold a meeting thereof once at least in every month, and more frequently if so directed by the Council, and a majority of the mem- bers of the Committee shall form a quorum thereof.

(4) The functions of the Co-ordinating Committee shall

be

(a)	To examine the reports received from the vari- ous Committees appointed under section seven of this Act, and as far as possible co-ordinate the matters dealt with in such reports, and the recommendations made in or submitted with such reports;
(b)	to prepare and submit in writing to the Council prior to each meeting of the Council a report of the matters dealt with and transacted by the Co-ordinating Committee since the sub- mission of its next preceding report to the Council;
(c)	to make to the Council any recommendations which it may deem to be necessary, desirable or expedient; and
(d)	to do and transact such other matters as the Council may by resolution authorise it to do and transact in connection with the carrying out of the objects of this Act.

9. The Council may at any time by resolution dissolve	Dissolution of
Committees
and removal

any Committee appointed by it under section seven of	of members.
this Act, or remove or determine the membership of any person as a member of any such Committee. Subject

No. 17.] National Fitness. [1945.

thereto, every person shall hold office as a member of any such Committee to which he is appointed during the pleasure of the Council.

Minister may

appoint cer- 10. (1) The Minister may appoint any person or per-

tain officers. sons to fill the following offices

(a) Director of Physical Education and National

Fitness; '

(b) Secretary to the Council; (c) Treasurer to the Council.

(2) Such person or persons shall act ex officio in their respective capacities with or to the Co-ordinating Com- mittee constituted under section eight of this Act.

(3)

The functions and duties of such officers and the rate of remuneration (if any) which may be paid to them respectively shall be such as may be prescribed by regu- lations.

Powers,

functions and	11. The powers, duties and functions of the Council
duties of the

Council.

shall be:

Common-

wealth No. 26

(a) from time to time to nominate for appointment by State in the Commonwealth Council for National Fit- ness;

of 1941, s. 3

the Governor a person to act as the representative of the

(2).

(b) to advise the Governor with respect to the promo-

tion of national fitness and, in particular, in relation to-

(i)    the measures to be adopted to develop apprecia- tion of the need for physical and cultural fitness in the building of the national char- acter;

(ii)    the provision of facilities for instruction in the

principles of physical education;

(iii)    the organisation of movements, and the provi- sion of facilities for maintaining personal phy- sical fitness; and

(iv)    the training of teachers of classes and of leaders of movements or groups formed for the pur- pose of promoting physical fitness;

(c) to encourage the development of national fitness in the State in accordance with the advice or directions or recommendations of the Minister of State for the Com- monwealth charged with the administration of the National Fitness Act, 1941, of the Commonwealth;

1945.] National Fitness. [No. 17.

(d) to formulate plans and measures necessary to

carry into effect the matters mentioned in paragraphs

(a) and (b) of this section;

(e) to make such inquiries and investigations and to collect such information as the Council thinks necessary to enable it to advise the Governor as hereinbefore men- tioned and otherwise to enable the Council properly and effectually to carry out the purposes of this Act; and

to encourage through recreational and other com- munity activities a strong spirit of community service;

(f)

generally to be the instrument through which the Government of the State may co-operate with recognised voluntary youth organisations in the development of youth service; and

(g)

(h) to exercise such other powers and functions and to perform such other duties as the Governor may by regulations confer or impose upon the Council for giving effect to the objects of this Act.

12. (1) For the purposes of this Act there shall be , state , „.

established a fund to be called "The State National Fit- ;;as=t-

ness Fund" which shall be administered by the Council. Ibms.4.

(2) All moneys from time to time belonging to the Fund shall be deposited in an account to be called "The State National Fitness Fund Account" which shall be kept at the Treasury.

(3) The Fund shall consist of

(a)	Such amounts as are received from the Common- wealth under the National Fitness Act, 1941, of the Commonwealth;
(b)	such amounts (if any) as are appropriated from time to time by the Parliament of the State for the purposes of the Fund;
(c)	Gifts of money made for the purposes of this Act and the proceeds of the realization of other gifts made for those purposes; and

(d) the income derived from the investment of

moneys in the Fund.

13. Any moneys in the Fund which are not immedi- lorreye:10

ately required for the purposes of this Act may, subject the Fund.

to the approval of the Governor, be invested by the Coun-

cil in any investments authorised by law for the invest-

ment of trust funds.

No. 17.] National Fitness. [1945.

Application

of moneys in 14. Subject to the approval of the Governor, and sub-

the Fund. ject as hereinafter provided, the moneys from time to time in the Fund may be used and applied for all or any of the following purposes

(a) the payment of the costs of administering this

Act;

(b) the payment of the general administration ex-

penses of the Council;

(c)	the payment of the salaries of any officers or teachers appointed under the provisions of the Education Act, 1928-1943, or the remuneration (if any) of any persons appointed by the Min- ister under section ten of this Act to perform services in connection with or incidental to carrying into effect the objects of this Act; and
(d)	the payment of subsidies and the making of loans to any organisations approved by the Minister the objects or some of the objects of which relate to the encouragement or de- velopment of national fitness.

Provided that-

(i)    The moneys received from the Commonwealth under the National Fitness Act, 1941, of the Commonwealth shall be used and applied only for those purposes (if any) which may be specified by the Commonwealth in relation thereto; and

(ii)    gifts of money and the proceeds from the realisation of other gifts made for the pur- poses of this Act or so much of the Fund as represents such gifts or proceeds shall be used and applied in accordance with the conditions upon which the gifts were made.

Accounts. 15. The Council shall cause books to be provided and

kept and true and regular accounts to be entered there-

in

(a) of all moneys received and belonging to the

Fund;

(b)	of all moneys expended out of the Fund by the Council and the several purposes for which such moneys shall have been so expended; and
(c)	of all the assets and liabilities of the Council.

1945.] National Fitness. [No. 17.

the Auditor General and any person authorised by him mspeeted. 16. All such books shall be open to the inspection of Books may be

to inspect the same.

17. The Council shall cause its accounts to be bal- Accounts to be balanced.

.anted every year on the thirtieth day of June.

ante sheet of the assets and liabilities together with an be audited. 18. (1) The Council shall cause a full and true bah Accounts to

income and expenditure account for each year and such other statements as may be necessary to be prepared from the books and submitted to the Auditor General for audit.

(2) The Auditor General shall in respect to such ac- counts have all the powers conferred upon him by the Audit Act, 1904.

The Council shall once at least hi every year cause a general report containing a summary of the work

Report and

accounts to be

furnished to

Parliament.

done under this Act during the preceding year to be pre-

Common-

wealth No. 26

pared and laid before both Houses of the Parliament to-

a 1941, 1. G.

gether with a true copy of its accounts as then last

audited.

19.

The Governor may make regulations, not incon- sistent with this Act prescribing all matters which are required or permitted to be prescribed or which are neces- sary or convenient to be prescribed for carrying out or	Regulations.
giving

20.

a a to this Act.