Statistics Regulations 1983 (Cth)

Statistics Regulations 1983

Statutory Rules 1950 No. 43 as amended

made under the

Census and Statistics Act 1905

This compilation was prepared on 25 November 2010

taking into account amendments up to SLI 2010 No. 304

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

Contents

    1Name of Regulations [see Note 1]

 These Regulations are the Statistics Regulations 1983.

2Definitions

 In these Regulations:

Act means the Census and Statistics Act 1905.

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

3Appointment of persons to assist the Statistician

• (1)

  The Statistician may engage persons, including members of the staff of the Bureau referred to in subsection 16 (1) of the Australian Bureau of Statistics Act 1975, to assist in the carrying out of the functions of the Statistician.

• (2)

  A person engaged by the Statistician under subregulation (1) shall carry out such duties as the Statistician considers will assist in the carrying out of his or her functions.

4Form of undertaking

For the purposes of section 7 of the Act the form set out in the Schedule is prescribed.

5Prescribed matters in relation to which statistical information may be collected

For the purposes of section 9 of the Act the following matters are prescribed:

• (a)

  migration;

• (b)

  births, deaths, marriages and divorces;

• (c)

  population and the social, economic and demographic characteristics of the population;

• (d)

  health, health services and quarantine;

• (e)

  health benefit and health insurance schemes;

• (f)

  social and welfare services;

• (g)

  pension and superannuation schemes;

• (h)

  accidents and injuries;

• (i)

  public safety;

• (j)

  law;

• (k)

  crime;

• (l)

  the Defence Force and police forces;

• (m)

  local government;

• (n)

  education;

• (o)

  scientific research and development;

• (p)

  recreation and entertainment;

• (q)

  cultural activities;

• (r)

  tourism;

• (s)

  energy;

• (t)

  water resources;

• (u)

  conservation and environment;

• (v)

  agricultural, apicultural, poultry, dairying and pastoral industries and related service industries;

• (w)

  fishing, hunting and trapping;

• (x)

  mining, mineral and petroleum exploration, quarrying and related service industries;

• (y)

  forestry, saw milling and related service industries;

• (z)

  manufacturing;

• (aa)

  housing;

• (ab)

  construction and demolition;

• (ac)

  repairs and maintenance;

• (ad)

  wholesaling and retailing;

• (ae)

  food preparation and food consumption;

• (af)

  transport and storage;

• (ag)

  wages, earnings, hours of employment and workers’ compensation;

• (ah)

  conditions of employment;

• (ai)

  employment and unemployment;

• (aj)

  industrial disputes and arbitration;

• (ak)

  employers’ and employees’ associations;

• (al)

  income, expenditure and savings in relation to a person, household or family;

• (am)

  prices and charges;

• (an)

  business, professional, personal and household services;

• (ao)

  trade and commerce;

• (ap)

  overseas transactions;

• (aq)

  banking;

• (ar)

  insurance;

• (as)

  finance;

• (at)

  ownership and control of property;

• (au)

  assets, liabilities and financial operations and transactions of a natural person or an organization;

• (av)

  land tenure and occupancy;

• (aw)

  real estate including land and property development;

• (ax)

  taxation;

• (ay)

  investment;

• (az)

  communications.

5APrescribed classes of premises

 For the purposes of sub‑section 18 (1) of the Act each of the following classes of premises is prescribed:

• (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;

• (c)

  boarding houses;

• (d)

  hostels;

• (e)

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

• (f)

  caravan parks;

• (g)

  camping grounds;

• (h)

  construction camps;

• (i)

  mining camps;

• (j)

  premises being used in connection with agricultural, apicultural, poultry, dairying or pastoral industries;

• (k)

  business premises;

• (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.

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.

6Evidentiary Certificates

• (1)

  The Statistician may give a certificate:

  • (a)

    that a document annexed to the certificate is a true copy of a notice under sub‑section 10 (4) or 11 (2) of the Act served on a person specified in the certificate; and

  • (b)

    that, in the case of a notice under subsection 10 (4) of the Act:

    • (i)

      a form annexed to the certificate is a true copy of the form that accompanied that notice; and

    • (ii)

      where instructions accompanied the form referred to in subparagraph (i), a document annexed to the certificate is a true copy of those instructions.

• (2)

  The Statistician may give a certificate that a document annexed to the certificate is a true copy of an undertaking of the kind referred to in paragraph 13 (2) (c) of the Act by a person specified in the certificate.

• (3)

  In proceedings for an offence against the Act, a certificate given under this regulation is evidence of the facts specified in the certificate.

• (4)

  For the purposes of this regulation, a writing purporting to be a certificate given under this regulation shall, unless the contrary is proved, be deemed to be such a certificate.

ScheduleUndertaking of fidelity and secrecy

(regulation 4)

  

Census and Statistics Act 1905

UNDERTAKING OF FIDELITY AND SECRECY

I,[Name] of [Address]

being an officer within the meaning of the Census and Statistics Act 1905, hereby undertake that I will faithfully and to the best of my ability execute the powers or duties conferred or imposed on me by or under that Act or the regulations and that I will not, except

• (a)

  in accordance with a determination under that Act; or

• (b)

  for the purposes of that Act,

either directly or indirectly, divulge or communicate any information furnished in pursuance of that Act to any person (other than the person from whom the information was obtained).

 

Dated 19  .

    

 [Signature of officer]

Signed in the presence of:

[Signature and legible statement of name and address of witness]

Notes to the Statistics Regulations 1983

Note 1

The Statistics Regulations 1983 (in force under the Census and Statistics Act 1905) as shown in this compilation comprise Statutory Rules 1950 No. 43 amended as indicated in the Tables below.

The Statistics Regulations was amended by the Statistics Legislation Amendment Act 2003. The amendments have been incorporated in this compilation. For application, saving or transitional provisions relating to the amendments see Schedule 1 (item 11) of Act No. 106, 2003.

Table of Instruments

Year and number	Date of notification in Gazette and FRLI registration	Date of commencement	Application, saving or transitional provisions
1950 No. 43	10 Aug 1950	10 Aug 1950
1958 No. 20	31 Mar 1958	31 Mar 1958	—
1982 No. 228	17 Sept 1982	17 Sept 1982	—
1983 No. 18	18 Feb 1983	1 Mar 1983	—
2010 No. 304	24 Nov 2010 (see F2010L03100)	25 Nov 2010	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	rs. 2010 No. 304
R. 2.........................................	rs. 1983 No. 18; 2010 No. 304
R. 3.........................................	rs. 1983 No. 18
am. Act No. 106, 2003
R. 4.........................................	rs. 1983 No. 18
R. 5.........................................	am. 1958 No. 20
rs. 1982 No. 228
R. 5A.......................................	ad. 1982 No. 228
am. 2010 No. 304
R. 5B.......................................	ad. 2010 No. 304
R. 6.........................................	rs. 1983 No. 18
Rr. 7, 8....................................	rep. 1983 No. 18
Heading to the Schedules...	rep. 1983 No. 18
First Schedule.......................	rep. 1983 No. 18
Second Schedule.................	rep. 1983 No. 18
Schedule................................	ad. 1983 No. 18

Table AApplication, saving or transitional provisions

Statistics Legislation Amendment Act 2003 (No. 106, 2003)

11Transitional — engagement of persons in accordance with the regulations

(1)

This item applies to each of the following:

• (a)

  the purported engagement of a person, in accordance with regulation 3 of the Statistics Regulations, during any part of the period beginning on 18 December 1987;

• (b)

  regulation 3 of the Statistics Regulations as purportedly in force at any time on or after 18 December 1987;

• (c)

  a determination under subsection 16(3) of the Australian Bureau of Statistics Act 1975 as purportedly in force at any time on or after 18 December 1987;

• (d)

  an instrument under section 16 of the Census and Statistics Act 1905 as purportedly in force at any time on or after 18 December 1987;

• (e)

  an act or thing purportedly done by, or in relation to, a person mentioned in paragraph (a) at any time on or after 18 December 1987.

(2)

The engagement, regulation, determination, instrument, act or thing is as valid, and is taken always to have been as valid, as it would have been if:

• (a)

  the Statute Law (Miscellaneous Provisions) Act 1987:

  • (i)

    had not omitted subsection 16(2) of the Australian Bureau of Statistics Act 1975 as in force before 18 December 1987, and had not substituted a new subsection 16(2); and

  • (ii)

    had inserted subsection 16(2A) in the Australian Bureau of Statistics Act 1975 immediately before 18 December 1987; and

• (b)

  the amendments made by items 1, 2, 9 and 10 of this Schedule had commenced on 18 December 1987.

Note: 18 December 1987 is the day on which section 16 of the Australian Bureau of Statistics Act 1975 was amended by the Statute Law (Miscellaneous Provisions) Act 1987.