Census Act 1901 (1900 No 65) (NSW)

Act No. 65, 1900.

An Act to make provis ion for t ak ing the Census of N e w South Wales in the year 1901, and for ob ta in ing cer tain s tat is t ics , and cer ta in par­ t iculars re la t ing to l ive stock and crops, and the occupation of land, and certain bus inesses and occupat ions for t he said and subsequent y e a r s ; and for purposes incidental to or consequent on the aforesaid objects. [5th

December, 1900.]

B E it enacted by the Queen 's Most Excellent Majesty, by and with Assembly of New South Wales in Par l iament assembled, and by the the advice and consent of the Legislative Council and Legislative au thor i ty of the same, as follows:—

P A R T I.

PRELIMINARY.

1. This Act may be cited as the " Census Act, 1 9 0 1 , " and is divided into P a r t s , as follows:—

P A R T	I . — P R E L I M I N A R Y — S S .	1,	2 .
P A R T	I I . — T H E	C E N S U S — S S .	3 - 1 2 .
P A R T	I I I . — O T H E R	STATISTICS—SS.	1 3 - 1 9 .
P A R T	IV.—GENERAL AND	SUPPLEMENTAL—ss.	2 0 - 3 0 .

2. I n this Act, unless the context otherwise indicates,—

" Census " means an account of the populat ion of New South

Wales .

" Commissioner " means Commissioner of the Supreme Court for taking affidavits.
" Crop " includes farm, meadow, orchard, or garden produce.
" Dwelling " includes all buildings, erections, and tenements,

whether permanent or temporary , of which the whole or any p a r t is used for the purpose of human habitat ion, and any ship or other vessel in any por t or harbour of New South Wales .

" F a c t o r y " includes any work, mill, or establishment used for the

purpose of manufactur ing, t reat ing, or p repa r ing any article.

2 G " j u s t i c e "

" Jus t ice " means justice of the peace.
" Minister " means the Colonial Secre tary .
" Occupier " or " person in charge " includes householder and

master , and the keeper or super intendent of a gaol, pr ison, hospital , lunatic asylum, benevolent asylum, or public or

chari table insti tution.

" Owner " includes co-owner, superintendent , agent, or person in the possession or charge of any farm, station, factory, or mine.

" P l a n t " includes all machinery, machines, engines, or tools what­ soever used for manufac tur ing or mining purposes , or for t r ea t ing the mater ia l deal t with in a factory or mine.

" Prescr ibed " means prescr ibed by this Act or by regulat ions made

thereunder .

" P rop r i e to r " includes co-proprietor , superintendent , lessee, or

person in possession or charge.

" Sta t ion " includes any holding used for graz ing or pas to ra l pur­ poses, whether the lands comprised in such holding a re held under lease or license from the Crown or in freehold, or pa r t ly in any one way and pa r t ly in any other.

" Sta t is t ic ian " means Government Stat ist ician.

P A R T I I .

T H E CENSUS.

3. (1) A census for New South Wales shall be taken in the year one thousand nine hundred and one, and the census day shall be Sunday, the thirty-first day of March in tha t year .

(2) The Minister shall order and supervise the taking of the

issue for the taking of the same such forms and instruct ions as the	census; and, subject to his approval , the Stat is t ic ian shall p r epa re and
Stat is t ic ian deems necessary.
4. (1) F o r the purpose of taking the census the Governor may appoint and remove enumera tors and define the dis tr icts for which they shall respectively act.
(2) Eve ry enumera tor shall designate to the Stat is t ic ian suit­ able persons to act as collectors, and with the consent of the Stat is t ic ian appoint such persons as collectors within his dis tr ict or the respective sub-districts of his distr ict , and may, with the consent aforesaid, remove any such collector from his employment.
5 . (1) E v e r y enumera tor shall make and subscribe before some justice or commissioner a declarat ion in the form or to the effect of the F i r s t Schedule to this Act.

( 2 )

(2) Eve ry collector shall make and subscribe before some justice, commissioner, or before the enumera to r by whom he has been appointed a declarat ion in the form or to the effect of the said Schedule.

(3) All declarat ions under this section shall be t ransmi t ted to

the Stat is t ician.

6. ( 1 ) Househo lde r s ' schedules shall be -prepared by or under the
direction of the Minister for the purpose of being filled up by or on

behalf of the several occupiers of dwellings, with par t icu la rs showing—

(a)

the name, sex, age, condition, duration of marriage, number of children born to each marr iage , relat ion to head of the house­ hold, profession or occupation, sickness or infirmity, religion, education, and birthplace, and (where the person was born abroad) length of residence in New South Wales , and nation­ ality of every person who abode in each dwelling on the night of the census d a y ; and

(b)

the materials of the dwelling and the number of rooms con­ (2) Any person travel l ing or out at work dur ing the night

of the census-day, and who re tu rns to a dwelling on the day following, shall be t rea ted as abiding in that dwelling on the night of the census- day.
7. ( 1 ) A collector shall, p r io r to the census day, leave at every dwelling within the distr ict or sub-district to which he is appointed a householders ' schedule for the occupier thereof.

(2) W h e r e a dwelling is let or sublet in different tenements or apa r tmen t s and accupied by different persons or families, or is the principal dwelling upon any station or large holding of land upon which there a r e persons resident at out-stations, a collector shall, pr ior to the census day—

(a) leave a separa te householder ' s schedule for the occupier of each

such tenement or apa r tmen t in which any person usually sleeps,
and

(b)

leave a separate householder's schedule for each such out- (3) Eve ry collector shall also furnish prescribed par t iculars

as to buildings intended for dwellings, but which are uninhabited or are
in course of erection, on the census day.

(4) The Stat ist ician shall, subject to the approval of the Minister, obtain re tu rns of the par t icu la rs required by this Act with respect to persons who dur ing the night of the census day were travell ing, or for any other reason were not abiding on that night in any dwelling of which account is to be taken by the collectors.

8.    E v e r y occupier of a dwelling, wi th or for whom a householder ' s

schedule has been left, shall, to the best of his knowledge and belief, fill u p and supply in such schedule all the pa r t i cu la r s specified therein, and shall sign his name thereunto , and shall deliver or cause to be del ivered the schedule so filled u p to the collector authorised to receive the same.

9.     (1) E v e r y collector shall, on the day next following the census

day, or as soon thereaf ter as practicable, demand and receive the house­ ho lder ' s schedule, left a t every dwelling as aforesaid within his dis tr ict

or sub-district .

( 2 ) E v e r y collector shall satisfy himself, by inquiries made to the occupier of the dwelling or to any persons in or near such dwelling, tha t every householder ' s schedule left a t a dwelling as afore­ said is fully, t ruly, and correctly filled up. If any such schedule is not BO filled up in any par t i cu la r the collector shall himself, according to the best informat ion which he is able to obtain, make the same complete and correct, and in such case shall then and there countersign the said schedule with his own name.

10. (1) E v e r y collector shall, on the next day after the com­ pletion and receipt by him of all the householders ' schedules within his d is t r ic t or sub-district, make out therefrom a r e t u r n containing such pa r t i cu la r s as may be prescribed, and shall deliver such schedules and r e t u r n to the enumera to r of his dis t r ic t or sub-district, together with a declarat ion in the form or to the effect of the Second Schedule to

th is Act.

( 2 ) An enumera to r may, in the case of any defect or defi­

ciency in any schedule, re turn , or declarat ion so delivered, require the collector delivering the same to make fur ther inquiries and to correct such defect or supply such deficiency a t his own cost.

11. (1) E v e r y enumera to r shall, within two days after the

receipt from his collectors of all such schedules and re tu rns , make out

therefrom a collective r e tu rn containing such par t icu la rs as may be prescr ibed or as m a y be required of him by the Stat is t ician. ( 2 ) The enumera to r shall thereupon sign and t ransmi t such

collective r e t u r n to the Stat is t ician, together with all the collectors ' r e tu rns , and shall a f te rwards , with all convenient speed, t ransmi t to the Stat is t ic ian all the schedules and the declarat ions received from the several collectors, and shall also forward therewith a declarat ion in the form of the Th i rd Schedule to this Act made and subscribed by himself before some justice.

12. The Stat is t ician, on receipt of any schedules and other pape r s ,
shall examine the same and cause any defect or inaccuracy there in to be

supplied or corrected as fa r as may be possible, and shall with all

conven ien t

convenient speed p r epa re and t ransmi t to the Minister abs t rac t s made therefrom, and such abs t rac ts shall be pr in ted and laid before both

Houses of Par l i ament .

P A R T I I I .

OTHER STATISTICS.

13. The Stat is t ic ian shall make inquiry dur ing the year one

thousand nine hundred and one, and in such subsequent years as the Minister may direct, as to the hands employed, wages paid, hours of labour, p lant and machinery used, s team or other power employed, quant i ty and value of art icles produced, t reated, or p repared , value of machinery and plant , value of lands and buildings occupied or used, and capital embarked in the business of every factory or mine, and also on other such ma t t e r s connected with the working of factories, mines, and other es tabl ishments of productive indust ry , as the Minister may deem it expedient to inquire into.

The forms re la t ing to such inquiries shall be p repa red by the Stat is t ic ian, and when approved by the Minister shall, af ter publication in the Gazette, be issued to the persons from whom such information is required. And every propr ie to r employing one or more persons in any factory, mine, or other establishment of productive indust ry , or being himself so employed, shall make the r e tu rns prescribed as to any such inquiry.

14. The Stat is t ic ian shall, dur ing the year one thousand nine

hundred and one, and in such subsequent years as the Minister may direct, require and obtain from every p ropr ie to r or occupier of land of one acre and upwards in extent, r e tu rns concerning—

(a)	the area and description of such land, the improvements thereon, the number, description, and value of agricul tural , pas tora l , and da i ry ing implements and machinery used thereon, and the number of hands employed thereon in agr icul tural ,
dai rying, or pas to ra l l abour ;
(b)	the area of such land under crop during the year, or for the period prescribed, the descript ion and extent of each crop, and of each kind of produce taken from or being on such land or on any p a r t thereof, and the actual or est imated yield or amount

thereof;

(c)	the number and description of the stock owned by him or on his land, or in his cha rge ;
(d)	the number of stock slaughtered for food or for boiling down, other than in a licensed or regis tered s laughter ing establish­ ments on such land;
(e)	the quantity and description of dairy produce from stock on
such l and ; (f)

(f) any other matter or thing relating to such land or to the culti­ vat ion thereof, or to the crops or produce thereof, or to the stock thereon, as may be prescribed.

15. E v e r y person occupying less than one acre of land shall fur­ nish the prescr ibed r e tu rns of all stock owned by him.

16. The forms in connection with the r e tu rns required from

propr ie to r s or occupiers of land and owners of stock under the two last preceding sections shall be p r epa red by the Stat ist ician, and when approved by the Minister shall, af ter publication in the Gazette, be issued to the officers appointed to collect the information, to whom such propr ie tors , occupiers, and owners shall furnish the said r e tu rns .

17. The Stat is t ic ian m a y require and obtain from every person, or corporat ion t ransac t ing business as a banking company, life, fire, or mar ine insurance company, guaran tee company, land, building, or investment company, finance company receiving deposits , rai lway, t ramway, s teamship, or other ca r ry ing or t r anspor t ing company, and every company regis tered under the Companies Act, such information as in his judgment may be necessary to exhibit the t ransact ions of the said several companies.
The Stat is t ic ian may also require and obtain, in addit ion to the foregoing, from every ra i lway and t r amw ay company, par t i cu la rs as to the number and character , and as far as ascertained, the cause of casualt ies occurring on or in the t racks, t ra ins , or buildings of such company by which any life was lost.

The forms which may be required to be filled in for the purpose of obtaining the information and par t i cu la rs mentioned in this section shall be p repa red by the Stat is t ic ian, and after approval by the Minister shall be published in the Gazette.

18. The r e tu rns provided for in this P a r t of this Act shall be made for such periods, at such times, to such persons , and in such form or manne r as may be prescr ibed: Provided tha t should any information not be deemed necessary, the Stat is t ic ian may omit all or any p a r t of the inquir ies which he is empowered to make under this P a r t of this

Act.

The forms shall be sent by post or otherwise to the persons from whom re tu rns are required, a t least one month previous to the t ime at which such r e tu rns a r e to be furnished by the regulat ions under this Act.

19. The Stat is t ic ian, or any person duly authorised under his hand, may, within reasonable hours , enter any factory, mine, workshop, or place where persons a re employed for the purpose of making any inquiries or observations necessary for the p rope r car ry ing out of this P a r t of this Act.

PART

P A R T IV .

GENERAL AND SUPPLEMENTAL.

20. E v e r y holder of a pas to ra l lease or license under the Crown Lands Act of 1884, or any Act amending the same, or propr ie tor , occupier, or super intendent of any stat ion shall per form the duty of occupier in respect of every out-station connected or held in conjunction with such station, and fill up and sign a separa te householder ' s schedule for each separa te dwelling, and deliver or cause to he delivered the schedule so filled up to the collector in whose district or sub-district such

out-stat ions lie.

21. (1) If an occupier of any dwelling—

(a)	refuses or wilfully neglects to fill up to the best of his know­ ledge, information, or belief any householder ' s schedule left at such dwell ing; or
(b)	refuses or wilfully neglects to sign and deliver such schedule; or
(c)	refuses or wilfully neglects to answer or untruly answers any inquiry made by a collector for any of the purposes of this
Ac t ; or
(d)	wilfully makes, signs, or delivers, or causes to be made, signed or delivered any false r e tu rn or s ta tement of any par t icu lar in any such schedule; or
(e)	if any person refuses or wilfully neglects to answer or untruly answers any inquiry made for any of the purposes of this Act by the occupier of the dwelling in which such person usually resides, or wilfully makes or causes to be made any false r e t u r n or s ta tement of any par t i cu la r in any schedule or r e tu rn required under this Act, or obstructs any person in the per­ formance of any duty under this Act ;

such occupier or person so offending shall be liable on conviction to a

penal ty not exceeding five pounds.

(2) No such penal ty shall be enforced agains t any occupier

or person who from conscientious scruples omits to s ta te the religious	denominat ion or sect to which he may adhere or belong, and the proof
of such conscientious scruples shall be the filling u p of the column set
apa r t for t ha t purpose with the word " objec t . "
22. If any enumera tor or collector wilfully and corrupt ly makes and subscribes a declarat ion under this Act, knowing the same to be un t rue in any mater ia l par t icular , he shall be deemed guilty of a misde­ meanour .

23. If any person—

(a)	accepts the office of enumerator or collector, and afterwards without lawful excuse refuses or wilfully neglects to per form
any du ty of such office; or (b)

(b) being a collector, fails to r e t u r n to the enumera tor of his dis t r ic t or subdistr ict all the householders ' schedules received by him, or wilfully signs or delivers any un t rue document, or wilfully a l ters any document re la t ing to the census, or otherwise wilfully violates any provisions of this A c t :

every such person so offending shall for every such offence be liable
on conviction to a penal ty not exceeding twenty pounds.

24. If any officer, enumerator , collector, or other person employed under the provisions of this Act divulges the contents of any house­ ho lder ' s schedule or any r e tu rn or information furnished under th is Act, he shall, for every such offence, be liable to a penal ty not exceeding twenty pounds.

The Stat is t ic ian or other officer having custody of the r e tu rns or informat ion obtained under this Act shall not be subpoenaed to produce any such r e tu rns or information to any court , and if cont rary to this provision he is subpoenaed he shall not produce such r e tu rns or infor­ mation.

25. Should the census of any distr ict not be made, or the r e tu rns for the same not reach the hands of the Stat is t ic ian, or be of such kind as to be valueless for the purposes of this Act, the Governor may direct t ha t the census of such distr ict be re taken on a day to be appointed by him, and all m a t t e r s and things shall be done in r ega rd there to as a re herein provided to be done in connection with the census of the thirty-first day of March, one thousand nine hundred and one.

26. The remunera t ion payable to each enumera tor shall be a sum agreed upon between the enumera to r and the Stat is t ic ian and approved by the Minister, and shall be payable only in the event of the work of enumerat ion having been done to the satisfaction of the Stat is t ician.

27. The collectors shall, on the completion of the work of collection to the satisfaction of the Stat is t ic ian and of the enumera tor of the dis t r ic t within which the collector has worked, be pa id such sum as may, with the sanction of the Minister, be agreed upon between the

Stat is t ic ian and the collectors.

28.     All penalt i t ies under this Act or the regulat ion made there­

under may be recovered summari ly before any s t ipendiary or police Magis t ra te , or before any two just ices of the peace s i t t ing at any pe t ty sessions within the distr ict wherein or in respect to which the default or offence arose or was committed.

29. All le t ters and packets and all te legraphic messages for the purpose of ca r ry ing out this Act t r ansmi t t ed by post or electric te legraph within New South Wales , to or from the Stat ist ician, or any enumera tor or collector, if marked with the word " S t a t i s t i c s , " shall be t ransmi t ted and delivered free of pos tage or charges.

30.     The Governor may make regulat ions in respect of all ma t t e r s

and things ar i s ing under this Act and not herein expressly provided for, and for the more fully ca r ry ing out the objects and purposes of this Ac t ; and such regulat ions when published in the Gazette shall have the force of law, and every person guil ty of a breach of any such regulat ion shall be liable to a penal ty not exceeding twenty pounds.

S C H E D U L E S .

F I R S T S C H E D U L E .

I , do hereby accept the office of enumera to r [or collector] under the

Census Act , 1901, for the [dis t r ic t or sub-dis t r ic t ] to which I have been appointed. And I do solemnly declare tha t I will fai thfully perform the dut ies of the said office to the best of my knowledge and abil i ty, and t h a t I will not divulge the contents of any Schedule collected unde r the said Act.

(Signature.)

[ E n u m e r a t o r or Collector, as the case may be.]

Made and subscribed before me, at ,

th is day of , 1901 —

[ Jus t i ce of the Peace or Commissioner for Affidavits.]

S E C O N D S C H E D U L E .

I , a collector appointed unde r the Census Act , 1901, do solemnly declare

tha t the householders ' schedules numbered from to inclusive contained in the packet to which th is declarat ion is a t tached are all the schedules u n d e r t he said Act which have been received by me wi th in the [d is t r ic t or sub-dis t r ic t ] to which 1 was appointed, and tha t the whole contents of the said schedules and of the accompanying r e tu rn made out therefrom are t rue to the best of my knowledge, informat ion, and

belief. A n d I fur ther declare t h a t I have d is t r ibu ted all necessary schedules, and that

I have collected all the schedules so dis t r ibuted, and t h a t I will not divulge the contents of any schedule collected under the said Act.

(Signature of collector.)

Made and subscribed before me, a t ,

this day of , 1901,—

| J u s t i c e of the Peace or Commissioner for Affidavits.]

T H I R D S C H E D U L E .

I , , an enumera tor appointed for the dis t r ic t of , under the

Census Act , 1901, do solemnly declare t h a t I have forwarded to the S ta t i s t i c i an all the householders ' schedules and collectors' r e tu rns t r ansmi t t ed to me by the [state here the number of collectors for his district] appointed by me, and also one collective r e tu rn made out by me from the said schedules and re tu rns , and t h a t such collective re tu rn is correctly and t ru ly made to the best of my knowledge, informat ion , and belief.

(Signature of enumerator.)

Made and subscribed before me, a t ,

this day of , 1901,—

[ Jus t i c e of the Peace or Commissioner for Affidavits.]

Act