STATUTORY RULES.
1942 No. 36.
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 regulation under the National Security Act 1939-40.
Dated this second day of February, 1942.
(SGD.) Gowrie
Governor-General.
By His Excellency’s Command.
for and on behalf of the Minister of state for Defence Co-ordination.
AMENDMENT OF THE NATIONAL SECURITY (SUPPLEMENTARY) REGULATIONS.†
The National Security (Supplementary) regulations are amended by adding at the end thereof the following regulations;––.
Enrolment of students at University.
“32.-(1.) The Minister of State for Labour and National Service may, by direction in writing to the Vice-Chancellor or other appropriate officer of my university, direct that the number of students to be enrolled in any course of study shall be restricted to such number in each year of the course as the specified in the direction.
(2.) Where a direction has been issued by the Minister of State for Labour and National Service in pursuance of this regulation in respect on any University and the number of student desiring to enrol at the University for any year of a course of study is greater than the number specified in the direction, the council or other body controlling the University, or such persons as they appoint for the purpose, shall select the number of students to be enrolled according to their order of merit in any competitive public or other examination approved by that Minister:
Provided that-
(i) no student who has already filled in any year of the course shall be enrolled for the purpose of repeating that year except on the recommendation of the council or other body controlling the University and with the approval of the Minister; and
(ii) where in the case of any student the council of other body controlling any University consider that it is not practicable to determine his position in relation to the order of merit in any competitive public or other examination approved by the Minister and recommend that he should be enrolled in any course of study, the Minister may authorise the enrolment of that student.”
* Notified in the Commonwealth Gazette on 1942.
ø Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 245, and 257; and 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320, 323, and 1942, No. 16.
Overview
Statutory Rules 1942 No. 36, made under the National Security Act 1939-40, was enacted to address the national security concerns of the time, specifically during World War II. This legislation was introduced by the Australian Government to amend the National Security (Supplementary) Regulations. The policy objective of this regulation was to control the number of students enrolling in university courses to align with national priorities and resources during wartime. The regulations provide that the Minister of State for Labour and National Service can direct the maximum number of students to be enrolled in any course, with selection based on merit if demand exceeds the limit. This legislative instrument was created to ensure that educational resources were allocated efficiently in support of the war effort.
Scope and Application
The Regulations Under the National Security Act 1939-1940 apply to all universities within the Commonwealth of Australia. Specifically, they pertain to the enrolment of students in courses of study at these institutions. The Minister of State for Labour and National Service has the authority to issue written directions to the Vice-Chancellor or an appropriate officer of any university, restricting the number of students who can be enrolled in any course each year as specified in the direction. The regulation provides a mechanism for selecting students based on their order of merit in competitive examinations approved by the Minister when the number of applicants exceeds the specified limit. Additionally, the regulation stipulates that no student who has already completed a year of a course may be re-enrolled for that year without the recommendation of the university's governing council or body and the Minister's approval. Furthermore, in cases where it is impracticable to determine a student's position in relation to the order of merit, the Minister may authorise the enrolment of that student upon recommendation.
Key Provisions
The regulations under the National Security Act 1939-1940, as amended, provide specific measures that the Minister of State for Labour and National Service can implement during times of national security concern. Section 32, in particular, addresses the enrolment of students at universities, allowing the Minister to restrict the number of students that can be enrolled in any course of study. This direction is issued in writing to the Vice-Chancellor or other appropriate officers of the university. If the number of students wishing to enroll exceeds the number specified in the direction, the university council or controlling body must select students based on their order of merit in an approved competitive examination. Exceptions are made for students who wish to repeat a year, subject to approval from both the university council and the Minister. Furthermore, in cases where it is not practicable to determine a student's position based on merit, the Minister may authorise the enrolment of that student.
Under these regulations, universities are obligated to comply with the Minister's directions regarding student enrolment numbers. This includes selecting students for admission based on merit in approved examinations and adhering to the specific conditions outlined for repeating students and those whose merit cannot be determined. Universities must also ensure that they recommend and secure approval from the Minister for any exceptions to the enrolment rules. These obligations are critical for maintaining the balance between national security needs and educational access during periods of crisis.
Failure to comply with the provisions of these regulations can result in significant legal consequences. While the specific penalties are not detailed in the provided text, under general legislative principles, non-compliance could lead to administrative sanctions, fines, or other legal actions. Additionally, universities that fail to adhere to the enrolment directions may face reputational damage and potential loss of accreditation or funding. The precise legal repercussions would depend on the broader legal framework and specific jurisdictional interpretations.