Statistics Amendment Regulations 2010 (No. 1) (Cth)

Statistics Amendment Regulations 2010 (No. 1)¹

Select Legislative Instrument 2010 No. 304

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Census and Statistics Act 1905.

Dated 24 November 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

BILL SHORTEN

Assistant Treasurer

Name of Regulations

These Regulations are the Statistics Amendment Regulations 2010 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Statistics Regulations

Schedule 1 amends the Statistics Regulations.

Schedule 1 Amendments

(regulation 3)

[1] Regulations 1 and 2

substitute

Name of Regulations

These Regulations are the Statistics Regulations 1983.

Definitions

In these Regulations:

Act means the Census and Statistics Act 1905.

prescribed premises means premises in a class of premises prescribed by regulation 5A.

[2] Paragraphs 5A (a) and (b)

substitute

(a)for hotels — the parts of the premises consisting of:

(i)the foyer; and

(ii)any reception area; and

(iii)any corridor; and

(iv)any other area that is generally open to the public;

(b)for motels — the parts of the premises consisting of:

(i)the foyer; and

(ii)any reception area; and

(iii)any corridor; and

(iv)any other area that is generally open to the public;

[3] Paragraph 5A (e)

substitute

(e)for a building that contains flats or home units — a common area that is generally open to residents of the building;

[4] Paragraph 5A (k)

omit

premises.

insert

premises;

[5] After paragraph 5A (k)

insert

(l)for a housing development that is not open to the public — a common area that is generally open to residents of the development;

(m)the land surrounding premises mentioned in any of paragraphs (a) to (l), to the extent that the land:

(i)is not separately occupied; and

(ii)is not used for the purposes of the residence or sleeping accommodation of a person or persons;

(n)the land surrounding a dwelling-house (including a flat or home unit), to the extent that the land:

(i)is not separately occupied; and

(ii)is not used for the purposes of the residence or sleeping accommodation of a person or persons.

[6] After regulation 5A

insert

5BEntry to prescribed premises

(1)Subregulations (2) and (3) apply to a person who is:

(a)in charge of prescribed premises; or

(b)otherwise responsible for controlling the access of persons to prescribed premises; or

(c)a resident of prescribed premises.

Failure to arrange for entry

(2)The person commits an offence if:

(a)the Statistician or an authorized officer has given the person reasonable notice that an authorized officer will attempt to enter the prescribed premises at a reasonable time, or during a reasonable period, specified in the notice for the purpose of:

(i)supplying persons with forms; or

(ii)collecting forms that have been supplied to persons; or

(iii)making inquiries for the purposes of the Act; and

(b)the person does not make arrangements that would allow an authorized person to enter the prescribed premises at the time, or during the period, specified in the notice.

Penalty: 5 penalty units.

Refusal of entry after request

(3)The person commits an offence if:

(a)the Statistician or an authorized officer has given the person reasonable notice that an authorized officer will attempt to enter the prescribed premises at a reasonable time, or during a reasonable period, specified in the notice for the purpose of:

(i)supplying persons with forms; or

(ii)collecting forms that have been supplied to persons; or

(iii)making inquiries for the purposes of the Act; and

(b)an authorized officer identifies himself or herself to the person as an authorized officer at the time, or during the period, specified in the notice; and

(c)the authorized officer asks the person to allow the authorized officer to enter the prescribed premises for the purpose of:

(i)supplying persons with forms; or

(ii)collecting forms that have been supplied to persons; or

(iii)making inquiries for the purposes of the Act; and

(d)the person does not allow the authorized officer to enter the prescribed premises.

Penalty: 5 penalty units.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See