National Security (Universities Commission) Regulations (Cth)

STATUTORY RULES.

1943. No. 28.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1940.*

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 1939–1940.

Dated this third day of February, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State

for Defence.

 

NATIONAL SECURITY (UNIVERSITIES COMMISSION) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the National Security (Universities Commission) Regulations).

Administration.

2. These Regulations shall be administered by the Minister of State for War Organization of Industry.

Repeal.

3. Regulation 32 of the National Security (Supplementary) Regulations   is repealed.

Objects.

4. The objects of these Regulations are to provide, during the present war, for financial assistance to students at Universities and the supervision and control of their enrolment and studies, for the purpose of conserving, organizing and directing man-power and woman-power in the best possible way to meet the requirements of the DefenceForce and the maintenance of supplies and services essential to the life of the community, and these Regulations shall be administered and construed accordingly.

 

* Notified in the Commonwealth Gazette on  February, 1943.

  See Statutory Rules 1942, No. 36.

 

Parts.

5. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Universities Commission.

Part III.—Financial Assistance to Students.

Part IV.—Miscellaneous.

Definition.

6. In these Regulations, unless the contrary intention appears—

“authorized officer” means a person authorized in writing by the Commission;

“member” means a member of the Commission;

“student” means a student enrolled, or applying for enrolment, at a University;

“the Commission” means the Univerities Commission constituted under these Regulations;

“the Chairman” means the Chairman of the Commission;

“the Director-General of Man Power” means the Director-General of Man Power holding office under the National Security (Man Power) Regulations;

“University” means any University within the Commonwealth and includes any University College which the Minister, by notice in the Gazette, declares to be a University College for the purposes of these Regulations.

Part II.—Universities Commission.

Universities Commission.

7.—(1.) There shall be a Universities Commission which shall be constituted in the manner provided in these Regulations.

(2.) The Commission shall consist of such number of members (not exceeding four) as the Minister thinks fit to appoint.

(3.) The members of the Commission shall be appointed by the Minister and shall hold office for a period of one year but shall be eligible from time to time for re-appointment for a period of one year.

(4.) The Minister shall appoint one member of the Commission to be Chairman of the Commission.

(5.) A member shall not be personally liable for any act of the Commission or for any act done by him in his capacity as a member.

(6.) A vacancy in the office of a member shall not invalidate the proceedings of the Commission.

Deputy Chairman.

8. The Minister may appoint a member to be Deputy Chairman, who shall act as Chairman whenever so directed in writing by the Chairman, or whenever the Chairman is unable, owing to illness or for any other reason, to perform the duties of that office, and the Deputy Chairman, while so acting, shall have and may exercise all the powers and functions of the Chairman under these Regulations.

Deputies of members.

9. The Minister may appoint a person to be the deputy of any member who is unable owing to illness or for any other reason to perform the duties of a member and the deputy while so acting shall have and may exercise all the powers and functions of a member under these Regulations.

 

Chairman to be responsible for carrying out Commission’s decisions.

10. The Chairman shall be responsible for carrying out all decisions of the Commission.

Meetings of Commission.

11.—(l.) The Commission shall meet at such times and places as the Chairman determines.

(2.) At all meetings of the Commission the Chairman, or in his absence, the Deputy Chairman, shall have a deliberative vote, and, in the event of an equality of votes, shall also have a casting vote.

(3.) The Chairman, or in his absence, the Deputy Chairman, together with one other member, shall constitute a quorum.

Remuneration of members.

12. The members of the Commission shall be paid such remuneration and allowances (if any) as the Minister determines.

Delegation of powers.

13.—(1.) Subject to any directions of the Minister, the Commission may, in relation to any matters or class of matters, or in relation to any student or class of students, or in relation to any particular University, delegate to any person such of its powers and functions under these Regulations (other than this power of delegation) as it thinks fit, so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters, student or class of students, or University, specified in the instrument of delegation.

(2.) Where under these Regulations the exercise of any power or function by the Commission is dependent upon the opinion, belief, or state of mind of the Commission in relation to any matter, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of that delegate.

(3.) Every such delegation shall be revocable at will and no such delegation shall prevent the exercise of any power or function by the Commission.

Officers and employees.

14.—(1.) The Commission may, subject to any directions of the Minister, appoint such officers and such casual and temporary employees as it thinks necessary for the purposes of these Regulations, and at such rates of pay and upon such conditions of employment as are determined by the Commission with the approval of the Commonwealth Public Service Board.

(2.) Officers and employees appointed under these Regulations shall not be subject to the provisions of the Commonwealth Public Service Act 1922–1941.

(3.) Where an officer or employee appointed in pursuance of these Regulations was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer or employee under these Regulations shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth, and the Officers’ Rights Declaration Act 1928–1940 shall apply as if this regulation were a section of an Act and that Act and section were specified in the Schedule to the Officers’ Rights Declaration Act 1928–1940.

Powers of Commission.

15.—(1.) The Commission shall be responsible for the administration of these Regulations (including the scheme of financial assistance

 

to students contained in the Second Schedule to these Regulations) and, in particular, and without limiting the generality of this regulation, shall—

(a)inquire into and report to the Minister upon any matter relating to Universities or to education in Australia which the Minister refers to the Commission, or upon any matter which the Commission thinks necessary or desirable for ensuring the provision of facilities to enable persons to receive suitable education and training to meet the requirements of the Defence Force and the maintenance of supplies and services essential to the life of the community;

(b) advise the Director-General of Man Power on all questions relating to the exemption of students and employees of Universities from service in the Defence Force or any form of service authorized by the National Security (Man Power) Regulations; and

(c)advise the Minister, the Director-General of Man Power, the Central Medical Co-ordination Committee and the Commonwealth Public Service Board, on the employment during the war of graduates of Universities, or persons who have completed any course at a University, for the purpose of meeting the requirements of the Defence Force and ensuring the maintenance of supplies and services essential to the life of the community.

(2.) The Commission or any authorized officer may require any person to furnish any information or to answer any question in relation to any matter arising under these Regulations.

(3.) A person shall not refuse or fail to comply with any requirement made under the last preceding sub-regulation or, in purported compliance with any such requirement, furnish any information, or make any answer, which is false or misleading in any particular.

Powers of Commission in relation to students.

16.—(1.) The Director-General of Man Power may, on the recommendation of the Commission, from time to time determine the total number of students who may be enrolled in any faculty or course of study in the Universities in Australia.

(2.) For the purpose of giving effect to any determination of the Director-General of Man Power under the last preceding sub-regulation, the Commission may, from time to time, by direction in writing to the Vice-Chancellor or other appropriate officer of any University—

(a) regulate, restrict or enlarge the number of students who may be enrolled in any faculty or course of study at that University;

(b) in any case where any direction is given under paragraph (a) of this sub-regulation, determine the method of selection of students who may be enrolled in any faculty or course of study at the University and prescribe the examinations or tests by which students may be admitted to any faculty or course of study; and

(c) determine whether any student who has failed in the whole or any part of any course of study shall be permitted to continue that course of study during the present war.

 

(3.) The Commission may, by order, make provision for any matters or things necessary or convenient for exercising its powers or performing its functions under these Regulations.

(4.) The powers conferred by this regulation shall be exercised only in so far as is necessary for giving effect to the objects of these Regulations.

Part III.—Financial Assistance to Students.

Financial assistance to students.

17. Subject to these Regulations, there shall be payable to students in the classes specified in the First Schedule to these Regulations financial assistance as determined by the Commission in accordance with the provisions set forth in the Second Schedule to these Regulations.

Payment of financial assistance.

18.—(1.) Subject to these Regulations, financial assistance as provided by this Part shall be paid to such persons and at such times and subject to such conditions as are determined by the Commission.

(2.) Financial assistance as provided by this Part shall be paid in such manner as the Treasurer determines.

Commission’s determination to be final.

19. Every determination of the Commission as to the amount of the income of any person or of any financial assistance to any person under these Regulations shall be final and conclusive for the purposes of these Regulations.

Variations in case of hardship.

20. Notwithstanding anything contained in these Regulations, where exceptional circumstances exist in the case of any student and a variation of the amount of any financial assistance appears to the Commission to be necessary in order to avoid undue hardship, the Commission may at any time vary such amount:

Provided that in no case shall the amount of financial assistance payable to any student exceed the maximum amount prescribed by the Second Schedule.

Variation of classes to be assisted.

21. The Minister may, by order published in the Gazette—

(a)alter or add to the provisions of the First Schedule to these Regulations; and

(b) provide for the restriction of the number of any class of students specified in the First Schedule to the Regulations (including that Schedule as so altered or added to), to whom financial assistance may be granted in pursuance of these Regulations.

Applications for assistance.

22. Students applying for financial assistance under these Regulations shall make a separate application in respect of each year in which assistance is required and shall supply such information as the Commission requires.

Part IV.—Miscellaneous.

Authentication of orders, notices and directions.

23. An order, notice or direction authorized by these Regulations to be made or given by the Commission shall be sufficiently authenticated if signed by the Chairman on behalf of the Commission, and any order, notice or direction purporting to have been so signed shall, in the absence of proof to the contrary, be deemed to have been made or given in pursuance of a resolution of the Commission.

 

Compliance with requirements.

24. A person shall not refuse or fail to comply with any requirement made in pursuance of these Regulations.

Service of notices of directions.

25. Any notice, requirement or direction which may be given in pursuance of these Regulations or of any order made thereunder may be given by posting the notice, requirement or direction to the person to whom it is addressed at his last known place of abode or to any of his places of business.

Annual Report.

26. The Commission shall, as soon as practicable after the conclusion of each calendar year, report to the Minister generally as to the operation of these Regulations.

 

THE SCHEDULES.

——

FIRST SCHEDULE.

Reg. 17.

Classes of Students Eligible for Financial Assistance

Students enrolled at a University in the faculties of—

Medicine,

Dentistry,

Engineering,

Science,

Veterinary Science,

Agriculture.

 

SECOND SCHEDULE. Reg. 17.

Scheme of Financial Assistance to Students.

1. In this Schedule, unless the contrary intention appears—

“income” means assessable income as defined by the Income Tax Assessment Act 1936-1942;

“parent” includes any person legally responsible for the maintenance of a student in respect of whom an application for financial assistance is being considered.

2. The maximum financial assistance which may be granted to a student in any year shall be—

(a) payment of all tuition and other University fees payable in respect of his course of study or attendance at a University but not including fees the payment of which is voluntary; and

(b) an allowance of—

(i) One hundred and four pounds in the case of a student residing with his parent; or

(ii) One hundred and forty-three pounds in the case of a student not residing with his parent.

3.—(1.) Subject to the provisions of this Schedule, the maximum financial assistance may be granted to a student when his adjusted family income, as computed in accordance with this paragraph, does not exceed the sum of Two hundred and fifty pounds.

(2.) The adjusted family income of a student shall be the income received by that student and his parents during the year ended on the thirtieth day of June preceding the date of an application for financial assistance under these Regulations, less the amount of Fifty pounds for every child, other than that student, under the age of 16 years, wholly or partly dependent upon those parents, or either of them.

 

The Schedules—continued.

Second Schedule—continued.

(3.) For the purposes of this paragraph—

(a) the amount of any scholarship, bursary, exhibition or other assistance payable to a student by the Commonwealth or State or out of any fund constituted by or administered under the law of the Commonwealth or State or from any other source which the Commission thinks it proper to take into account or the amount of any payment, however described, which in the opinion of the Commission is a prize received by that student in relation to his University course shall not be deemed to be part of the adjusted family income of that student;

(b) the income of a student may, at the discretion of the Commission, be deemed not to be part of the adjusted family income of that student;

(c) the income of any parent of a student may, at the discretion of the Commission, be deemed not to be part of the adjusted family income of that student;

(d) the income of a student may, at the discretion of the Commission, be deemed to be the adjusted family income of that student; and

(e) a student and his parents may be deemed to have received no income during any period in any case where, in the opinion of the Commission, it would involve hardship to take into account any income received by the student or his parents during that period.

4. Subject to the Regulations, the amount of the financial assistance which may be granted to a student in any year shall be the amount of the maximum financial assistance computed in accordance with paragraph 2 of this Schedule less—

(a) the amount of any assistance payable to that student by the Commonwealth or State or out of any fund constituted by or administered under the law of the Commonwealth or State or from any other source which the Commission thinks it proper to take into account; and

(b) an amount calculated at the rate of Five pounds four shillings for every Ten pounds by which the adjusted family income of that student exceeds the sum of Two hundred and fifty pounds:

Provided that where the financial assistance which may be granted to a student in accordance with this paragraph would amount to less than Ten pounds per annum, the Commission may, in its discretion, direct that no financial assistance shall be granted to that student.

5. Notwithstanding anything contained in this Schedule, the Commission may, in any case where financial assistance may be granted to a student under the provisions of this Schedule, direct that an amount not exceeding Ten pounds shall be granted to that student for the purchase or hire of instruments or equipment required for his course of study.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.