National Security (Universities Commission) Regulations (Amendment)

Legislation au C1943L00298 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1943. No. 298.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this tenth day of December, 1943.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

———

Amendments of the National Security (Universities Commission) Regulations. †

Objects.

1. Regulation 4 of the National Security (Universities Commission) Regulations is amended—

(a) by inserting, after the word “Universities” the words “and approved institutions”; and

(b) by omitting the words “and the supervision and control of their enrolment and studies”.

Definitions.

2. Regulation 6 of the National Security (Universities Commission) Regulations is amended—

(a) by inserting before the definition of “authorized officer” the following definition:—

“approved institution” means an institution declared by the Minister in accordance with the next succeeding regulation to be an approved institution for the purposes of these Regulations;”; and

(b) by adding at the end of the definition of “student” the words “or at an approved institution”.

* Notified in the Commonwealth Gazette on     , 1943.

† Statutory Rules 1943, No. 28, as amended by Statutory Rules 1943, No. 58.

7179.—Price 3d.       9/25.11.1943.


3. After regulation 6 of the National Security (Universities Commission) Regulations the following regulation is inserted:—

Declaration of approved institutions.

“6a. Where the Minister is satisfied that any institution provides facilities to enable persons to receive suitable education and training to meet the requirements of the Defence Force, or to provide for the maintenance of supplies or services essential to the life of the community, and that it is desirable to extend financial assistance to students at that institution, he may, by order published in the Gazette, declare that institution to be an approved institution for the purposes of these Regulations.”.

Delegation of powers.

4. Regulation 13 of the National Security (Universities Commission) Regulations is amended by inserting in sub-regulation (1.), after the word “University” (wherever occurring) the words “or approved institution”.

Powers of Commission.

5. Regulation 15 of the National Security (Universities Commission) Regulations is amended—

(a) by omitting paragraph (a) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(a) inquire into and report to the Minister upon any matter which the Minister refers to the Commission, or upon which the Commission thinks it proper to report, in relation to the provision of facilities to enable persons to receive suitable education and training to meet the requirements of the Defence Force or to provide for the maintenance of supplies or services essential to the life of the community;”;

(b) by inserting in paragraph (b) of sub-regulation (1.), after, the word “Universities”, the words “or approved institutions”;

(c) by inserting in paragraph (c) of sub-regulation (1.), after the word “University”, the words “or an approved institution”; and

(d) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The Commission or an authorized officer may, by notice in writing served personally or by post on any person, require that person to furnish any information or to answer any question in relation to any matter arising under these Regulations.”.

Powers of Commission in relation to students.

6. Regulation 16 of the National Security (Universities Commission) Regulations is repealed.

7. Regulation 17 of the National Security (Universities Commission) Regulations is repealed and the following regulation inserted in its stead:—

Financial assistance to students.

“17.—(1.) For the purpose of giving effect to the objects of these Regulations, there shall be payable, subject to these Regulations, to students of the classes specified in the First Schedule to these Regulations, financial assistance as determined by the Commission in accordance with the provisions contained in the Second Schedule to these Regulations.


“(2.) The Commission may, in any case where it thinks proper, determine that no financial assistance, or financial assistance of a specified amount (not greater in any case than the maximum amount prescribed by the Second Schedule to these Regulations) shall be paid to a student specified by the Commission and thereupon no financial assistance, or financial assistance of the amount specified, shall be payable accordingly.

“(3.) The Commission may revoke or vary any determination under the last preceding sub-regulation.”.

Commission’s determination to be final.

8. Regulation 19 of the National Security (Universities Commission) Regulations is amended by inserting, after the word “shall”, the words “, subject to any variation at any time by the Commission,”.

Repeal of regulations 23, 24 and 25.

9. Regulations 23, 24 and 25 of the National Security (Universities Commission) Regulations are repealed.

First Schedule.

10. The First Schedule to the National Security (Universities Commission) Regulations is repealed and the following Schedule inserted in its stead:—

“FIRST SCHEDULE.

Classes of Students Eligible for Financial Assistance.

(a) Students enrolled at a University in the faculties of—

Medicine,

Dentistry,

Engineering,

Science.

Veterinary Science,

Agriculture,

Arts,

Law,

Commerce,

Economics, and

Architecture

(b) Students enrolled in the Universities of Sydney, Melbourne and Adelaide in the course for the Diploma of Social Studies.

(c) Students enrolled in approved institutions in the courses of—

Dentistry, and

Engineering (at standards approved by the Commission).”.

Second Schedule.

11. The Second Schedule to the National Security (Universities Commission) Regulations is amended—

(a) by omitting sub-paragraph (a) of paragraph 2 and inserting in its stead the following sub-paragraph:—

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

(b) by omitting from clause (a) of sub-paragraph (3.) of paragraph 3 the word “University”;

(c) by omitting from the proviso to paragraph 4 the word “direct” and inserting in its stead the word “determine”; and

(d) by omitting from paragraph 5 the word “direct” and inserting in its stead the word “determine”.

 

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

Overview

The Statutory Rules of 1943, No. 298, titled "Regulations under the National Security Act 1939-1943," were enacted to address the urgent need to mobilise educational resources towards national defence and essential community services during a period of heightened national security concerns. These regulations amend the existing National Security (Universities Commission) Regulations to broaden the scope of institutions eligible for financial assistance and oversight by the Universities Commission. The enactment was authorised by the Governor-General, acting on the advice of the Federal Executive Council, reflecting a policy objective to extend financial support to institutions and students contributing to the war effort or essential services. This legislative instrument is intended to facilitate the provision of suitable education and training to meet defence requirements and to ensure the maintenance of vital supplies and services.

Scope and Application

These regulations amend the National Security (Universities Commission) Regulations under the National Security Act 1939-1943, extending the scope of the legislation to include "approved institutions" in addition to universities. These approved institutions are those declared by the Minister to provide suitable education and training to meet Defence Force requirements or to maintain essential supplies and services for the community. The regulations also expand the powers of the Universities Commission to include oversight of approved institutions, including the ability to inquire into and report on these institutions, require information from individuals, and provide financial assistance to students. This assistance extends to students in specific faculties at universities and approved institutions, particularly those in courses related to dentistry and engineering. The amendments clarify that the Commission's determinations regarding financial assistance are final, subject to possible variations by the Commission. The regulations also adjust the definition of students and the scope of financial assistance, ensuring that approved institutions align with national security objectives by providing critical education and training.

Key Provisions

The main operative sections of these Regulations under the National Security Act 1939-1943 concern amendments to the National Security (Universities Commission) Regulations. These include extending the definition of educational institutions to include “approved institutions” (Regulation 1(a)) and omitting specific supervisory control over student enrolment and studies (Regulation 1(b)). Regulation 6 defines “approved institution” as one declared by the Minister to provide suitable education and training for Defence Force requirements or essential community services, and where financial assistance is deemed desirable (Regulation 6a). Regulation 15(a) grants the Commission the power to inquire into and report on matters related to the provision of educational facilities for Defence Force requirements or essential community services. Regulation 17 establishes financial assistance for students, specifying classes eligible for assistance and the mechanism for determining the amount of assistance (Regulations 17(1) to 17(3)). These Regulations impose obligations on the Minister to declare institutions as “approved institutions” if they meet certain criteria (Regulation 6a). The Commission is tasked with the responsibility of inquiring into and reporting on the provision of suitable educational facilities for Defence Force requirements or essential community services (Regulation 15(a)). The Commission also has the authority to require individuals to provide information or answer questions related to matters under these Regulations (Regulation 5(d)). Furthermore, the Commission has the discretion to determine the amount of financial assistance to be paid to eligible students, with the power to revoke or vary such determinations (Regulations 17(2) and 17(3)). Breach of these Regulations may result in civil or criminal consequences, although specific offences, penalties, or consequences are not detailed in the provided text. The Regulations do, however, establish a framework for financial assistance and inquiry powers, which, if misused or improperly exercised, could potentially lead to legal repercussions. The precise penalties for any breaches would be determined by the relevant legal framework and judicial interpretations.

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National Security Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.