Census Regulations (Cth)

STATUTORY RULES

1970 No.

_________

REGULATIONS UNDER THE CENSUS AND STATISTICS

ACT 1905-1966.*

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 Census and Statistics Act 1905-1966.

Dated this fifth day of March, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Treasurer.

________

 

CENSUS REGULATIONS

Citation.

1. These Regulations may be cited as the Census Regulations.

Repeal.

2. The Census Regulations (being Statutory Rules 1966, No. 79) are repealed.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“Householder’s Schedule” includes a personal slip;

“officer” means a person holding an office referred to in regulation 7 of these Regulations;

“personal slip” means a personal slip referred to in regulation 15 of these Regulations;

“ship” includes any vessel used in navigation by water;

“the Act” means the Census and Statistics Act 1905-1966;

“the Australian Capital Territory” includes the Territory accepted by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act 1915;

“the Census day” means the day in the year One thousand nine hundred and seventy-one appointed to be the Census day by Proclamation under sub-section (2.) of section 8 of the Act.

Certain Territories to be deemed to be States.

4. For the purposes of these Regulations, the Australian Capital Territory and the Northern Territory of Australia shall each be deemed to be a State.

Delegation by the Statistician.

5.—(1.) The Statistician may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of his powers or functions under these Regulations, except this power of delegation.

(2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation and, when so exercised or performed, shall, for the purposes of these Regulations, be deemed to have been exercised or performed by the person who gave the delegation.

____________________________________________________________________________________

*Notified in the Commonwealth Gazette on  1970.

11733/70—Price 10c 12/20.2.1970

(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Statistician.

Division of the Commonwealth for the Census.

6. The Statistician shall, for the purposes of the taking and collection of the Census—

(a) divide each State into such Census Divisions as he considers necessary;

(b) divide each Census Division into such Census Sub-divisions as he considers necessary; and

(c) divide each Census Sub-division into such Collector’s Districts as he considers necessary.

Appointment of officers.

7.—(1.) For the purposes of the taking and collection of the Census, the Statistician—

(a) shall appoint a person to be the Commonwealth Field Supervisor for the Commonwealth;

(b) shall appoint a person to be the Chief Field Co-ordinator for the Commonwealth;

(c) shall appoint, in respect of each State, a person to be the State Field Supervisor for the State; and

(d)shall appoint, in respect of each Census Division, a person to be the Divisional Field Supervisor for the Division.

(2.) The Statistician—

(a) may appoint a person to be the Assistant State Field Supervisor for a State; and

(b) may appoint a person to be the Clerk to the Divisional Field Supervisor for a Census Division.

(3.) A power conferred on the Statistician by a preceding sub-regulation of this regulation to appoint a person to hold an office shall be deemed to have been duly exercised if the Statistician appoints the person holding, or performing the duties of, a specified office to hold that office.

(4.) A Divisional Field Supervisor for a Census Division—

(a) shall appoint, in respect of each Census Sub-division in that Census Division, a person to be the Group Leader for the Sub-division;

(b)shall appoint, in respect of each Collector’s District in that Division, a person to be the Collector for the District; and

(c) may appoint a person to be a Special Collector in respect of a specified dwelling within a specified Collector’s District.

(5.) A State Field Supervisor may appoint a person to be a Special Collector for a specified dwelling, train, motor-coach or aircraft.

(6.) A person appointed under this regulation holds office during the pleasure of the person by whom he was appointed.

(7.) A person appointed under this regulation shall be paid, in respect of the performance of his duties under the Act and these Regulations, such remuneration as the Treasurer, on the recommendation of the Statistician, approves.

Form of undertaking by officers.

8. For the purpose of section 7 of the Act, the prescribed form of undertaking of fidelity and secrecy is the form in the Schedule to these Regulations.

Duties of Commonwealth Field Supervisor.

9. The Commonwealth Field Supervisor shall—

(a)furnish advice to the Statistician on such matters relating to the taking and collection of the Census as the Statistician requires;

(b)take all necessary action to ensure that sufficient persons are available for appointment as officers for the purpose of the taking and collection of the Census;

(c) ensure that all instructions of the Statistician relating to the taking and collection of the Census are furnished to officers in sufficient time before the Census day;

(d)ensure that sufficient supplies of all documents and books necessary for the talcing and collection of the Census are furnished to officers before the Census day;

(e) arrange for the payment to officers of the remuneration payable under these Regulations; and

(f) carry out such other duties in relation to the taking and collection of the Census as the Statistician directs.

Duties of Chief Field Co-ordinator.

10. The Chief Field Co-ordinator shall assist the Commonwealth Field Supervisor in the performance of the duties referred to in the last preceding regulation.

Duties of State Field Supervisors, and Assistant State Field Supervisors.

11.—(1.) A State Field Supervisor shall—

(a) make all necessary arrangements for the distribution and collection of Householder’s Schedules in the State for which he has been appointed;

(b)cause the Householder’s Schedules collected in the Slate for which he has been appointed to be forwarded to the Statistician as soon as practicable after their collection has been completed;

(c) forward such summaries and reports relating to those Schedules as the Statistician requires; and

(d)carry out such other duties in relation to the taking and collection of the Census as the Statistician directs.

(2.) An Assistant State Field Supervisor for a State shall assist the State Field Supervisor for that State in the performance of the duties referred to in the last preceding sub-regulation and, during any illness or absence of the State Field Supervisor for the State, shall perform those duties.

Duties of Divisional Field Supervisors, Clerks to Divisional Field Supervisors, Group Leaders and Collectors.

12.—(1.) A Divisional Field Supervisor, Group Leader, Collector or Special Collector shall carry out such duties in relation to the taking and collection of the Census as the Statistician directs and, in the case of a Collector, as are prescribed by the Act or these Regulations.

(2.) A Clerk to the Divisional Field Supervisor for a Census Division shall assist the Divisional Field Supervisor for that Census Division, as directed by that Divisional Field Supervisor, in the performance of the duties that that Divisional Field Supervisor has been directed to perform.

Additional mutters to be included in Householder’s Schedules.

13.—(1.) Each of the following matters is, in relation to a dwelling, a prescribed matter for the purposes of paragraph (c) of section 12 of the Act:—

(a) the class of dwelling, that is to say, whether the dwelling is a separate house, semi-detached house, house attached to business premises, self-contained flat or home unit, an improvised home or other class of habitation;

(b)in the case of a dwelling of a kind known as a flat or home unit—the number of flats or home units in the building containing the flat or home unit; and

(c) the location of the dwelling.

(2.) In addition to the matters specified in the last preceding sub-regulation, each of the following matters is, in relation to a dwelling other than a hotel, motel, boarding-house, hospital or other institution, a prescribed matter for the purposes of paragraph (c) of section 12 of the Act:—

(a)the date of construction of the dwelling;

(b)the number of bedrooms in the dwelling;

(c) the right by which the occupier occupies the dwelling;

(d)the weekly rent, if any, payable in respect of the dwelling;

(e) motor vehicles garaged or parked at or in the vicinity of the dwelling on the night of the Census day;

(f) the facilities, namely, kitchen, bathroom, gas, electricity and television, available in the dwelling;

(g)the method of disposal of sewage;

(h) whether the dwelling is situated on a rural holding of a specified area; and

(i) the number of other dwellings that the occupier, or a person who ordinarily lives in the dwelling—

(i) owns; or

(ii) is purchasing,

and ordinarily lives in during part of the year.

(3.) Each of the following matters is, in relation to a person, a prescribed matter for the purposes of paragraph (c) of section 12 of the Act:—

(a) the person’s usual place of residence;

(b) the places of birth of the person’s parents;

(c) in the case of a person born abroad—whether the person is ordinarily resident in Australia or is a visitor to Australia;

(d) the person’s racial descent;

(e) the level of schooling completed by the person;

(f) in the case of a person who is a full-time or part-time student—the educational institution that the person is attending;

(g) the person’s usual place of residence on the thirtieth day of June, 1966;

(h) in the case of a person who is or has been a widow or widower—

the length of the person’s widowhood or last widowhood;

(i) the children of a female who is or has been married;

(j) the qualifications or training of the person for a profession or occupation;

(k) the person’s employment; and

(l) in the case of a person who was unemployed during the week immediately preceding the Census day—his attempts (if any) to find employment.

Distribution of Householder’s Schedules.

14.—(1.) A Collector shall leave a Householder’s Schedule at each dwelling within the Collector’s District.

(2.) Except with the approval of the Divisional Field Supervisor or Group Leader, for the Census Division or Census Sub-division, as the case may be, in which the Collector’s District is included, a Collector shall not leave a Householder’s Schedule at a dwelling earlier than seven days before the Census day.

(3.) The Householder’s Schedule shall be left at a dwelling—

(a) by delivering it personally to the occupier of the dwelling;

(b)by delivering it to a person apparently in charge of the dwelling or residing at the dwelling;

(c) if no person is in the dwelling at the time the Collector calls at the dwelling—by placing it in the letter-box for the dwelling, under the door of the dwelling or in some other place where it is likely to come to the notice of the occupier; or

(d)by such other means as the Commonwealth Field Supervisor directs.

(4.) A person, not being the occupier of a dwelling, who receives the Householder’s Schedule left in respect of a dwelling, into whose hands the Householder’s Schedule left in respect of a dwelling comes or who receives notice of the fact that a Householder’s Schedule has been left at a dwelling shall deliver the Schedule to the occupier of the dwelling or give notice of the fact to the occupier of the dwelling, as the case requires.

Penalty for a contravention of this sub-regulation: Ten dollars.

Supply of particulars by persons who do not wish to provide information for inclusion in the Householder’s Schedule.

15.—(1.) Where a person does not wish to furnish to the occupier of a dwelling, or to the master of a ship, for insertion in the Householder’s Schedule for that dwelling or ship the particulars required to be furnished in that Schedule in respect of himself, the Collector shall supply to the occupier, for completion by that person, a personal slip containing the questions relating to the particulars in respect of a person that are required to be specified in a Householder’s Schedule under section 12 of the Act.

(2.) A person who does not wish to furnish to the occupier of the dwelling, or to the master of the ship, for insertion in the Householder’s Schedule for that dwelling or ship the particulars so required to be furnished in respect of himself shall supply those particulars on the personal slip, shall sign the slip, seal it in an envelope and hand the envelope to the occupier or to the master.

Penalty: Twenty dollars.

(3.) The occupier of a dwelling or the master of a ship shall deliver each envelope handed to him in accordance with the last preceding sub-regulation to the Collector when delivering to the Collector the Householder’s Schedule for the dwelling or ship.

Penalty: Twenty dollars.

(4.) In this regulation, “Collector” includes a Special Collector.

Persons on trains, motor-coaches and aircraft.

16.—(1.) The Special Collector for a train, motor-coach or aircraft may leave with a person who is travelling on the train, motor-coach or aircraft on the night of the Census day a personal slip,

(2.) A person with whom a personal slip is left under the last preceding sub-regulation shall, before leaving the train, motor-coach or aircraft, enter on the personal slip the particulars in respect of himself specified on the slip, and deliver the slip to the Special Collector.

Penalty: Twenty dollars.

Persons may be required to furnish particulars.

17.—(1.) Where a Collector has reason to believe—

(a)that a person did not reside in a dwelling, and was not travelling on a train, motor-coach or aircraft, on the night of the Census day; or

(b) that—

(i) a person is a person in respect of whom particulars are required to be furnished under the Act or these Regulations; and

(ii) no such particulars in respect of the person have been so furnished,

the Collector shall require the person—

(c) to supply, in a Householder’s Schedule handed to the person by the Collector, the particulars in respect of the person specified in the Schedule; or

(d)to furnish to the Collector such particulars as are necessary to enable a Householder’s Schedule to be completed in respect of that person.

(2.) A person shall comply with a requirement made under the last preceding sub-regulation.

Penalty for an offence against this sub-regulation: Twenty dollars.

Obligation of persons in respect of whom particulars are not furnished.

18. Where the particulars required under the Act or these Regulations in respect of a person have not been included in a Householder’s Schedule or in a personal slip that has been furnished to an occupier of a dwelling, to the master of a ship or to a Collector or Special Collector, that person shall, as soon as practicable after the Census day, obtain from a post office or police station a Householder’s Schedule, complete the Householder’s Schedule and deliver it in accordance with the instructions furnished with the Schedule.

Penalty: Twenty dollars.

Collection of Schedules.

19. A Collector shall, as soon as practicable after the Census day, call at each dwelling in the Collector’s District for which he has been appointed and collect the Householder’s Schedules and the personal slips in respect of that dwelling.

Particulars with respect to uninhabited dwelling.

20. Where a Collector finds that a dwelling is uninhabited on the Census day, he shall complete a Householder’s Schedule for that dwelling indicating, so far as he is able to do so by observation and inquiry, the class of dwelling and the reason for its being unoccupied.

 

Regulation 8.

THE SCHEDULE

Census and Statistics Act 1905-1966

UNDERTAKING OF FIDELITY AND SECRECY

I,

                                                                   ,of                                                   , a person appointed under the Census Regulations to the office of , hereby undertake that, in connexion with the taking and collecting of the Census in the year 1971—

(a) I will faithfully and to the best of my ability execute the powers conferred, and carry out the duties imposed, on me under the Census and Statistics Act 1905-1966, the Census Regulations and the instructions issued in pursuance of that Act or those Regulations;

(b) I will not desert from my duty;

(c) I will not, without just excuse, refuse or neglect to perform the duties of my office;

(d) I will not, wilfully or without lawful authority, alter any document or form under that Act or those Regulations;

(e) I will not wilfully sign any untrue document or form; and

(f) I will not, except as allowed by that Act or those Regulation, divulge the contents of any form filled up, or any information furnished, in pursuance of that Act or those Regulations.

Dated this

  day of  ,197      .

(Signature)

Signed in my presence—

(Signature of witness)

NOTES:—(1.) Section 22 of the Census and Statistics Act 1905-1966 provides that an officer who, after having signed the prescribed undertaking, deserts from his duty of refuses or wilfully neglects, without just excuse, to perform the duties of his office commits an offence punishable, upon conviction, by a line not exceeding Forty dollars.

(2.) Section 24 of the Census and Statistics Act 1905-1966 provides that an officer who, except as allowed by that Act, divulges the contents of any form filled up or any information furnished in pursuance of that Act, or at the request of the Statistician for statistical purposes, commits an offence punishable, upon conviction, by a line not exceeding One hundred dollars.

                       

Printed by Authority by the Government Printer of the Commonwealth of Australia