National Fitness Amendment Act 1979
No. 16 of 1979
An Act to amend the National Fitness Act 1941.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the National Fitness Amendment Act 1979.
(2) The National Fitness Act 1941 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
National Fitness Fund
3. Section 4 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections:
“(3) There shall be paid into the Fund—
(a) moneys appropriated by the Parliament for the purposes of the Fund;
(b) income derived from the investment of the moneys standing to the credit of the Fund;
(c) moneys received by the Commonwealth from the disposal of property purchased or produced, or in respect of any work paid for, out of the moneys standing to the credit of the Fund;
(d) moneys received by the Commonwealth in pursuance of a licence or permission granted or given in relation to industrial property rights (whether or not owned by the Commonwealth), being a licence or permission granted or given for any purpose for which the moneys standing to the credit of the Fund may be applied; and
(e) moneys received by the Commonwealth by way of or as a result of a gift, devise or bequest made for any purpose for which the moneys standing to the credit of the Fund may be applied.
“(4) In paragraph (3)(d), ‘industrial property rights’ means—
(a) a copyright in any work or other subject-matter;
(b) a patent for an invention;
(c) a trade mark; or
(d) a copyright in a registered design.”.
Application of Fund
4. Section 5 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:
“(2) Where any moneys are received by the Commonwealth by way of or as a result of a gift, devise or bequest made for any purpose for which the moneys standing to the credit of the Fund may be applied, being a gift, devise or bequest that is subject to a condition as to the purposes for which it may be applied, those moneys, and income derived from the investment of those moneys, may be applied only for those purposes.”.
Formal amendments
5. The Principal Act is amended as set out in the following table:
Provision | Amendment |
Sub-section 3(1)........ | Omit “nine”, substitute “9” |
Sub-section 4(2)........ | Omit “sixty-two a”, substitute “62a” |
Sub-section 5(1)........ | Omit “the next succeeding sub-section”, substitute “sub-section (2)”. |
Paragraph 5(1)(c)........ | Omit “(2) and (3) of section three of this Act”, substitute “3(2) and (3)”. |
Overview
The National Fitness Amendment Act 1979 is an amendment to the National Fitness Act 1941, enacted to update and refine the legislative framework surrounding the National Fitness Fund. This Act was introduced to address gaps in the funding and application processes of the Fund, ensuring that the administration of fitness-related initiatives in Australia is more streamlined and better suited to contemporary needs. The Act was enacted by the Queen, in accordance with the authority of the Parliament of the Commonwealth of Australia. The policy objective behind the Act is to enhance the management and allocation of funds within the National Fitness Fund, ensuring that it can effectively support national fitness initiatives in alignment with legislative intent.
The National Fitness Amendment Act 1979 provides for specific amendments to the original Act, including the clarification and expansion of the sources of funding for the National Fitness Fund and the conditions under which gifts and bequests can be applied. By updating the legislative text to reflect modern practices and removing outdated provisions, the Act aims to ensure the Fund operates efficiently and in accordance with current legal standards.
Scope and Application
The National Fitness Amendment Act 1979 amends the National Fitness Act 1941, which originally provided for the establishment and administration of a National Fitness Fund for the purpose of promoting physical fitness in Australia. The 1979 Act modifies the source of funding for the National Fitness Fund, specifying that it shall be paid into by various means including appropriations by Parliament, income from investments, proceeds from the disposal of property, payments for industrial property rights licenses and permissions, and gifts, devises, or bequests. Furthermore, it mandates that gifts, devises, or bequests subject to specific application conditions can only be used for those expressly stipulated purposes. The Act applies to the Commonwealth of Australia and is concerned with the administration and application of the Fund, which is intended to support initiatives that promote physical fitness within the nation. The scope of the Act is national, affecting the entire Commonwealth, and it does not explicitly state exclusions or thresholds but rather focuses on the sources of funding and the conditions under which certain donations can be utilised.
Key Provisions
The National Fitness Amendment Act 1979 introduces amendments to the National Fitness Act 1941, primarily through the revision of the National Fitness Fund provisions and the formal correction of certain subsections within the Principal Act. Specifically, Section 3 of the Act modifies the sources of funding for the National Fitness Fund. Under the amended sub-section (3), the Fund shall receive moneys appropriated by the Parliament, income from investments, proceeds from the disposal of property, revenues from industrial property rights, and gifts, devises, or bequests intended for the Fund’s purposes (National Fitness Amendment Act 1979, s 3). Furthermore, Section 4 stipulates that any gifts, devises, or bequests that come with specific conditions regarding their application must be used strictly for those designated purposes (National Fitness Amendment Act 1979, s 4).
In terms of obligations, the Act places certain responsibilities on the Commonwealth regarding the management and application of funds within the National Fitness Fund. The Commonwealth must ensure that funds are received from the specified sources and are invested prudently to generate income. Moreover, the Commonwealth is obligated to manage the disposal of property and industrial property rights in a manner that maximizes returns for the Fund. The Act also mandates that any gifts, devises, or bequests that come with specific conditions are to be applied in strict accordance with those conditions, ensuring that the funds are used for the intended purposes as stipulated by the donor.
The National Fitness Amendment Act 1979 imposes several formal amendments to correct typographical errors in the Principal Act. For instance, sub-section 3(1) corrects the numeral from "nine" to "9", sub-section 4(2) changes "sixty-two a" to "62a", and sub-section 5(1) substitutes "the next succeeding sub-section" with "sub-section (2)" (National Fitness Amendment Act 1979, s 5). Additionally, paragraph 5(1)(c) replaces "(2) and (3) of section three of this Act" with "3(2) and (3)" to ensure clarity and accuracy in legal references. There are no explicit provisions regarding offences, penalties, or consequences for breaches in this Act, as it primarily focuses on administrative and financial amendments to the National Fitness Act 1941.