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National Fitness Act 1941

Act No. 26 of 1941 as amended, taking into account amendments up to Act No. 16 of 1979
Registered 03 Dec 2009
Start Date 19 Mar 1979
End Date 16 Sep 1994
Date of repeal 16 Sep 1994
Repealed by Environment, Sport and Territories Legislation Amendment Act 1994

NATIONAL FITNESS ACT 1941
- Reprinted as at 30 June 1982 (HISTACT CHAP 207 #DATE 30:06:1982)

*1* The National Fitness Act 1941 as shown in this reprint comprises Act No. 26, 1941 amended as indicated in the Tables below.

Table of Acts
-----------------------------------------------------------------------------
Application, saving
Number Date Date of or
transitional Act and year of Assent commencement provisions
----------------------------------------------------------------------------- National Fitness Act
1941 26, 1941 4 July
1941 1 Aug 1941
National Fitness
Amendment Act 1979 16, 1979 19 Mar
1979 19 Mar 1979 -
----------------------------------------------------------------------------- Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
-----------------------------------------------------------------------------
Provision affected How affected
----------------------------------------------------------------------------- Ss. 3-5 . . . . . . . am. No. 16, 1979
-----------------------------------------------------------------------------

NATIONAL FITNESS ACT 1941 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

2. Interpretation

3. Commonwealth Council for National Fitness

4. National Fitness Fund

5. Application of Fund

6. Annual report

7. Regulations


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NATIONAL FITNESS ACT 1941 - LONG TITLE

SECT

An Act relating to National Fitness

NATIONAL FITNESS ACT 1941 - SECT. 1.
Short title

SECT

1. This Act may be cited as the National Fitness Act 1941.*1*


See notes to first article of this CHAPTER.

NATIONAL FITNESS ACT 1941 - SECT. 2.
Interpretation

SECT

2. In this Act, unless the contrary intention appears-
"the Council" means the Commonwealth Council for National Fitness appointed under this Act;
"the Fund" means the National Fitness Fund established by this Act.


NATIONAL FITNESS ACT 1941 - SECT. 3.
Commonwealth Council for National Fitness

SECT

3. (1) The Governor-General may appoint a Commonwealth Council for National Fitness consisting of such number of members (not exceeding 9) as the Governor-General thinks fit.


(2) The Council shall advise the Minister with respect to the promotion of national fitness, and in particular in relation to-
(a) the measures to be adopted to develop appreciation of the need for physical fitness;
(b) the provision of facilities for instruction in the principles of physical education;
(c) the organization of movements, and the provision of facilities, for attaining or maintaining personal physical fitness; and
(d) the training of teachers of classes, and of leaders of movements or groups, formed for the purpose of promoting physical fitness.


(3) The Council may make enquiries into the causes of physical unfitness in the community, and may for that purpose co-operate with the National Health and Medical Research Council.


NATIONAL FITNESS ACT 1941 - SECT. 4.
National Fitness Fund

SECT

4. (1) For the purposes of this Act, there shall be a Trust Account which shall be known as the National Fitness Fund.


(2) The Fund established in pursuance of this section shall be a Trust Account for the purposes of section 62A of the Audit Act 1901-1934.


(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.


NATIONAL FITNESS ACT 1941 - SECT. 5.
Application of Fund

SECT

5. (1) Subject to sub-section (2), the Minister may apply the moneys standing to the credit of the Fund for the purpose of providing assistance-
(a) to encourage the development of national fitness in each State under the direction of a National Fitness Council appointed by the Government of the State;
(b) to promote physical education in schools, universities and other institutions; and
(c) for such other purposes in relation to the matters specified in sub-sections 3 (2) and (3) as the Minister determines.


(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.


NATIONAL FITNESS ACT 1941 - SECT. 6.
Annual report

SECT

6. The Minister shall, each year, cause a general report containing a summary of the work done under this Act during the preceding year to be prepared and laid before both Houses of the Parliament.


NATIONAL FITNESS ACT 1941 - SECT. 7.
Regulations

SECT

7. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.