Industrial Statistics Act 1897 (WA)

d J totem Cauaratta.

ANNO SEXAGESIMO PRIMO

.M*********rn i4i************************* 4+"*******n #.3 VICTORI1E II GIN

No. XXVI.

AN ACT to provide Statistics of Agricultural,

Pastoral, and other Industries.

[Assented to, 23rd December, 1g97.]

Legislative Assembly of Western Australia, in tins present Parliament with the advice and consent of the Legislative Council and assembled, and by the authority of the same, as follows:— I3E it enacted by the Queen's Most Excellent Majesty, by and

1. THIS Act may be cited as the Industrial Statistics Act, Short Title

1897.

2. IN this Act, so far as the context permits,-

" Crop " includes farm, meadow, or garden produce, and the Interpretabon.

produce of any fruit-bearing trees or shrubs.

" District" means a statistical district, coinciding with a magis- terial district, and "sub-district" means a division thereof coinciding with a police patrol district.

" Head of an Industrial Establishment " means the person in

charge of any such establishment.

" Informant " means the person signing a Schedule containing

any return required by this Act.

"Industrial Establishment ' means any factory, workshop, or

mill where either four persons or more have been employed

61° VICTORIZE, No. 26.

Industrial Statistics.

at any time during the year, or where an engine driven by steam, gas, or electricity has been used, whatever be the number of persons employed, and any mine which has been worked at any time during the year, whatever be the number of persons employed.

" Live stock " includes camels, horses, asses, bulls, rams, goats, pigs, and the females and progeny, by whatever names called, of such animals respectively.

" Local newspaper " means a newspaper circulating in the

district in which the owner or proprietor resides.

" Owner " or " proprietor " includes co-owner, superintendent, agent, and person in charge of any land. farm, station, orchard, vineyard, plantation of fruit-bearing trees or

shrubs, live stock, or industrial establishment.

" Plant " includes all boilers, machinery, machines, engines, instruments, vehicles, and animals employed in any indus- trial establishment for the purpose of the production or sale of products.

" Prescribed " means prescribed or required by this Act, or by regulations made under this Act.

" Prescribed forms " includes all Schedules. Declarations, and other forms issued by the Registrar General for the collection of statistics under this Act.

" Regulations " means regulations made under this Act.

" To return " means to fill up the prescribed forms with

the prescribed statistics, and to sign and deliver them as required ; and " returns " means such documents so filled up and signed.

" Writing " includes part writing and part print.

Registrar General to 3. THE Registrar General shall order and supervise the collection

manage the collec-	of statistical returns relating to the occupation of land and to agricul-
tion of statistics.	ture, crops, and live stock, and to industrial establishments, for the
See Census and	year eighteen hundred and ninety-seven and for every subsequent
Industrial Returns
Act, 1891 (N.S.W.),	year, and shall prepare and cause to be provided such instructions,
s. 3.	circulars, and forms as may be necessary or convenient for obtaining such returns, and shall distribute the same, together with any regu- lations made under this Act, to the statistical agents.

4. 'TIE persons required by this Act to make returns are the

Persons required to following :—Every person who, on the thirty-first day of December make returns.

in each year, is the owner or occupier of land of one acre or more in

extent, or is the owner or person in charge of live stock, or is the

head of an industrial establishment : Provided that, in respect of

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Industrial Statistics.

occupied land, the owner, not being the occupier, shall not be

required to make returns.

FOR the purposes of this Act, each magisterial district in existence on the thirty-first day of December in each year respec-

Statistical districts

and sub-districts,

and statistical

tively shall be a statistical district, and the Resident Magistrate or

agents, collectors,

Government Resident thereof shall be the statistical agent for such

and sub-collectors.

district, and the police patrol districts within such statistical district shall be sub-districts thereof. The Governor may from time to time appoint and remove collectors and sub-collectors of statistics for each such district, and may remunerate them out of the moneys appropriated by Parliament to the purposes of this Act, and in any police patrol district for which the Governor omits to make such appointments the officer in charge of the police patrol for any sub- district shall be the statistical collector for the same, and may appoint any members of the police force under his command to be sub-collectors for the whole or any part of the same.

5.

EVERY statistical agent shall be charged with the per- formance within his own district of the following duties:	Duties of statistical
agents.
See ibid.. s. 5.

6.

To transmit to collectors the regulations, instructions, and prescribed forms issued by and received from the Registrar General in the quantities required for the respective sub-districts of the collectors ;

To communicate to collectors the necessary instructions and directions relating to their duties and to the methods of collecting the prescribed statistics, and to advise with and counsel collectors as freely and fully in person and by letter as may be required for the purposes of this Act ;

To provide for the early and safe transmission to his office by collectors of the returns, together with all declarations and other prescribed forms, and for the due receipt and custody of such documents pending their transmission to the Registrar General ;

To examine and scrutinise the returns received from the collectors so as to ascertain whether the work has been performed in all respects in compliance with the law, and whether any part of his district has been omitted from the collection ; and, in the event of any defect or discrepancy, to instruct the collector to make further inquiries, and to supply and correct such defect or discrepancy without any needless delay. Immediately after the completion of the work to transmit. under registered cover, all returns,

61" VICTORLE, No. 26.

Industrial Statistics.

declarations, and other prescribed forms from his district to the Registrar General, together with a report containing the prescribed particulars ;

To report, in writing, to the Registrar General any material difficulty or explanation, and, in particular, the names and address of every person who appears, by the report of any collector, to have refused to supply the whole or ally part of the information required by this Act.

Duties of collectors 7. EVERY collector and sub-collector shall be charged with

and sub-collectors. the followino• duties:—

See s. 6.	To make himself thoroughly acquainted with and attend minutely to the regulations and to the printed instructions issued by the Registrar General, and the verbal or other instructions of the statistical agent for carrying out the provisions of this Act ;
To deliver at the prescribed times in each year the prescribed forms to the several persons required to make returns under this Act within the collector's district ;
To collect the returns at the prescribed times throughout the sub-district, and, when doing so, to satisfy himself, by inspection, that the forms are correctly filled up, and, if otherwise, to require the informant to correct and complete the same.

8, EACH sub-collector, within seven days after collecting all

Sub-collectors to de-

liver returns to col-	the returns from the part of the sub-district entrusted to him, shall
lectors, who are to	deliver the returns to the collector under whose command he is,
deliver them to sta-
tistical agent.	together with a report in writing containing the prescribed particulars,
See ibid., ss. 5, 9.	and every collector within a week after receiving all the returns from the sub-collectors under his coo mand shall deliver them to the statistical agent, together with a report, in writing, containing the prescribed particulars.

9.     THE Registrar General, on receiving the returns and other

Registrar General to

make abstract of re-	prescribed documents from the statistical agents in the respective
turns and transmit	districts, shall examine the same, and cause any defect or inaccuracy
it to Treasurer, to
be laid before Parlia-	therein to be supplied or rectified, and shall, with all convenient
ment.	speed arrange the same according to the several electoral districts,
See ibid., s. 10.	and make abstracts therefrom, and transmit such abstracts in a tabulated form to the Colonial Treasurer, who shall cause such abstracts to be printed and laid before both Houses of Parliament,

If forms are not de- 10. (1.) IF, at the end of the f rst week in January of each

livered, persons re-

year, the prescribed forms have not been delivered to every person

quired to make re-

turns must apply at

required by this Act to fill up and sign the same, it shall be the

police station for

forms.

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Industrial Statistics.

duty of every such person to whom the forms have not been delivered to apply for the same by letter or otherwise to the nearest police station in his district, and to fill them up with the prescribed particulars, and to sign them.

(2.) If, at the end of March of each year, the collector or sub-collector has failed to collect the returns, it shall be the duty of etliteacitio j	ie
tttniiitsits,bife not
'

each person who is required by this Act to make returns to livered at pollee sta-

immediately deliver or forward the same by post in the prescribed born

manner to the police officer in charge of a police station in the

district.

11. SUBJECT to the proviso in section four of this Act, every Returns required

owner or occupier of land of one acre or more in extent shall make	from owners and
the following returns:—	occupiers of land.
See s. 13.

(i.) Concerning the area and description of such land, the im- provements thereon, and the implements and machinery used thereon ;

(2.) Concerning the area of such land under crop during the year, or the prescribed period, the nature and extent of such crop, and of each kind of produce taken from or being on such land or on any part thereof, the actual or estimated yield or amount thereof, and concerning the failure or deterioration of any crop through disease or other causes and the nature of such disease or causes ;

(3.) Concerning the labour engaged in connection therewith and such other matter or thing relating to the land or the cultivation thereof as may be prescribed.

12. EVERY owner or person in charge of live stock shall make Returns required

the following returns:—

from owners, &a., of

live sleek.

(1.) Concerning the number and description of stock owned Sec ibid., a. 14.

by him, or in his charge ;

(2.) Concerning the health and management of all such stock ; (3.) Concerning the quality and description of dairy produce,

and the machinery and implements used, and labour

engaged in connection therewith. b b

13. EVERY head of an industrial establishment shall make Returns required

the following returns :—

from head of

industrial

( .) Concerning the number, sex, ages, wages, or earnings, and establishment.

hours of labour of the persons so employed, the See ibid., s. 15.

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Industrial Statistics.

- accommodation provided for them, and particulars of

the employment of women and children ;

(2.) Concerning the nature and amount of the power employed and the number and nature of machines in use, together with the maximum capacity of the establishment, and concerning the value of machinery and plant, and the value of the lands and buildings occupied or used for the purpose of the business ;

(3.) Concerning the kind, quantity, and value of the articles

made, produced, or prepared in the establishment.

GENERAL PROVISIONS.

14.     THE Commissioner of Police, every Mayor or Chairman of

Certain poisons re- a Municipal Council, Chairman of a Roads Board, Justice of thequired to aid in carrying out this Act. Peace, Clerk of Court, Warden of Mining District, Mining Registrar,

See ibid., s. 21. District Registrar of Births, Deaths, and Marriages, Inspector of

Sheep or Cattle, and every other officer of the Government shall supply all information in his power to the Registrar General on his request in writing, and shall, on the like request, advise and aid him in any matter tending to effectually carry out this Act.

15.     EVERY person required by this Act to make returns who,

offences in relation to any return which by this Act he is required to make,

Pella'Y	by persons required
to make returns. shall

(a.) refuse or wilfully neglect to procure, and within the required period fill up to the best of his knowledge, information, and belief, and return any prescribed form ; or

(b.) knowingly make an incomplete or incorrect return; or

(c.) refuse to answer, or wilfully give an untrue answer, to any necessary inquiry made by any collector or sub-collector ; or

(d.) obstruct any person in the performance of his duty under

this Act,

shall be liable, on conviction, to a fine not exceeding Twenty pounds ; but on payment thereof shall not be discharged from his obligations under this Act, and shall be liable to a like penalty for every other offence, and every repetition of an offence under this section. Pro- vided that any person to whom forms have not been delivered, and who has applied for or posted a letter, in pursuance of, and within the time limited by, section ten, sub-section one, demanding a form or forms, and has not received the same, and also any person who shall have posted the returns within the time limited by section ten, sub-

61° VICTORIJE, No. '26.

Industrial Statistics.

section two, shall be deemed to have complied with the requirements of this Act in that behalf, and shall not be liable to the above penalty.

16. ANY statistical agent collector, or sub-collector who refuse) (7.7 7

Penalty for officers

or neglects to do anything lawfully required of him in virtue of his neglecting duty.

office (not being prevented by sickness or other unavoidable causes see	s. 27.
shall be liable to a fine not exceeding Ten pounds.

17.

ANY statistical agent, collector, or sub-collector who fails to transmit or deliver in the prescribed manner all the returns or	Penalty for officers
not delivering re-
other prescribed documents which he has received, or wilfully signs	turns, and for certain misfeasances in rela-
or delivers any such document untruly filled up, or acids to or alters	tion thereto.
any such document except at the request of the informant or person	See ibid.. s. 23.
required to make a return therein, or who otherwise wilfully violates any provision of this Act shall, for every such offence, be liable to a fine of Twenty pounds.

18.

(i .) ALL information collected under tins Act is to be used solely for statistical purposes, and is to be regarded as secret and

Secrecy of returns.

confidential ; the aggregate only of the returns from each district is

See ibid., s. 28.

to be published, and, save with the written consent of the informant,

no part of the contents of his return is to be divulged.

(2.) The Registrar General, or any statistical agent, collector, sub-collector, or other Government officer or employe',

Penalty for breach of

who, secrecy.

save in accordance with this Act, makes an extract from any

See Victorian Local

return, or divulges the ∎vhole or any part of any return, or who is

1890. s. 516.

Government Act,

guilty of any non-observance of this section, shall, for every such

offence, be liable to a fine of Fifty pounds.

IF the returns of any electoral district, or part of a district, are not made, or do not reach the hands of the Registrar General, or	Registrar may
require fresh returns
are so imperfect as to be valueless or misleading, the Registrar	in case of failure oromission.
General may direct the returns of such district to be collected, or	See Census and In-
made and collected anew, and that all things required by tins Act	dustrial Returns Act,
be done in regard thereto.	1891 (N.S.W.), s. 25.

19.

20.

ALL letters and telegraphic messages for the purpose of carrying out this Act, transmitted through the Post and Telegraph atn t sm 1 e -

Department within Western Australia to or from the Registrar r, Statistics" to go

General, or any statistical agent, collector, or sub-collector, if marked film

with the word " Statistics," shall be transmitted and delivered free See ibid. , s. 30-

of postage or other charges.

21.

NOTICES required by this Act, or any regulation to be made thereunder, may be given as follows:—	How notices may be
given.

61° VICTORI}E, No. 26.

Industrial Statistics.

A notice may be served on an individual by posting the same addressed to him at his usual place of abode or business, in a letter registered and marked " Statistics," and proof of

such posting shall be deemed prima tilde evidence of such

notice being; served at the time at which, by the course of

post, such letter should be delivered.

A general notice may be given to the inhabitants of any

district or sub-district by publishing the same in the

Government Gazette, rand for two consecutive weeks in two

daily newspapers published in Perth] and for two con-

secutive weeks in some local newspaper, if any.

22. THE Governor may from time to time make, and from

Regulations.	time to time repeal and alter, regulations for carrying 'this Act into effect ; and a copy of all such regulations shall be published in the
Government Gazette, and shall be laid before both Houses of Parlia-
ment within fourteen days after such publication, if Parliament be then sitting, and, if Parliament be not then sitting, within fourteen days after its next meeting ; and all such regulations, when so published, shall have the force of law, and shall continue in force unless repealed or altered as aforesaid or disallowed by both Houses of Parliament.

23.      PERSONS charged with any offence under this Act may

Offenders may he

prosecuted before	be prosecuted before a Resident Magistrate or any two Justices of
Resident Magistrate	the Peace in Petty Sessions.
or two Justices.

24.      ANY person authorised, in writing, by the Registrar General

Authority to prose-

cute, and appropri.	in that behalf may prosecute for offences against this Act, and the
anon of pecuniary	half of any pecuniary penalties recovered shall be paid over to the
penalties.	Registrar General, to be dealt with by him as receipts of his department, and the other half shall be paid to the credit of the Consolidated Revenue Fund.

25.      ALL informations and proceedings in respect of offences

Prosecutions be against this Act shall be commenced within six months after the

commenced vithin

six months. offences thereby respectively charged shall have been committed.

ANY person aggrieved by any order, decision, or conviction by a Resident Magistrate or two Justices under this Act, may appeal therefrom to the Supreme Court at the next sitting of a Judge thereof which shall happen after one month from the making or pronouncing of such order, decision, or conviction : And the Judge shall hear and determine the matter of such appeal, and shall summon all necessary parties and witnesses, and shall make such

26.

Right of appeal.

order affirming, reversing, or altering the order, decision, or conviction,

and as to the costs of the appeal, as to him shall seem fit, and,

61° VICTORLE, No. 26.

Industrial Statistics.

except where a conviction is affirmed, such order shall be enforced in like manner as a judgment of the Court : Provided that within twenty-one days from the making or pronouncing of the order, decision, or conviction appealed against, the appellant shall give written notice of such appeal to the Resident Magistrate or the Justices, or one of them , from whose order, decision, or conviction the appeal is brought, and shall lodge with the Master of the Supreme Court a sum not exceeding 'twenty pounds to secure the costs of the appeal, or shall give security to Ins satisfaction for the payment of the costs of the appeal not exceeding Twenty pounds.

In the name and on behalf of the Queen I hereby assent

to this Act.

GERARD SMITH, Governor.

By Authority: RICHARD PETHER, Government Printer, Perth.