Census (2006) Amendment Regulations 2009 (No. 1)

Administered by Department of the Treasury

Legislation au F2009L04136 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 313

 

Issued by the authority of the Assistant Treasurer

 

Subject -  Census and Statistics Act 1905

 

 Census (2006) Amendment Regulations 2009 (No. 1)

 

Section 27 of the Census and Statistics Act 1905 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters and things which, by the Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Subsection 8(1) of the Act provides that the Census shall be taken in the year 1981 and in every fifth year thereafter, and at such other times as are prescribed.  Thus the next National Census is to be conducted in 2011.

 

Subsection 8(2) of the Act provides that for the purposes of taking of the Census, the day shall be a day appointed by Proclamation.

 

Subsection 8(3) of the Act provides that for the purposes of the taking of the Census, the Australian Statistician shall collect statistical information in relation to the matters prescribed for the purposes of that section.

 

Section 2 of the Act provides that the Act, other than Part III (which relates to collection of statistical information other than by the National Census of Population and Housing), extends to such external territories as are prescribed.

 

The Census (2006) Regulations 2005 (the Principal Regulations) currently prescribe the external territories to be included in the Census and the matters in relation to the statistical information to be collected.

 

The purpose of the Amendment Regulations is to make some minor amendments to update the Principal Regulations to more precisely describe one of the prescribed matters, and to update the Principal Regulations so that they conform with current drafting practice.  These amendments have no impact on the undertaking of the Census.

 

Details of the Amendment Regulations are set out in the Attachment.

 

The Act specifies no conditions that need to be satisfied before the power to make the Amendment Regulations may be exercised.

 

The Amendment Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Amendment Regulations will commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

Consultation

 

In February 2008, the Australian Statistician announced that the 2011 Census would be conducted on a comparable basis to the 2006 Census due to budgetary pressures.  As a consequence, from that point onwards no new topics were considered for the 2011 Census.  The public consultation process that had been underway was withdrawn in February 2008 as a result of this decision. 

 

The decision does not compromise the integrity and quality of the existing range of Census data, but does limit the capacity of the ABS to consider changes to the 2011 Census form to include information not currently collected. 

 

The ABS values the support of the nation in conducting the five yearly Census of Population and Housing and will consider all submissions received for the 2011 Census as part of the preparations for the 2016 Census.  The ABS will invite further comment at that time.

 

In recognition of the need for the public to be as fully informed as possible on the Census, details of the topics and associated questions to be included in Census forms will be made available in an Australian Bureau of Statistics information paper entitled 2011 Census of Population and Housing: Nature and Content (Catalogue No. 2008.0) to be tabled in Parliament at the same time as the Regulations.

 

Additionally, as the amendments to the Regulations are minor in nature and do not substantially alter the existing arrangements, consultation is unnecessary as deemed under the Legislative Instruments Act s18(2)(a).

 

 


ATTACHMENT

 

DETAILS OF THE CENSUS (2006) AMENDMENT REGULATIONS 2009 (No. 1)

 

Regulation 1 specifies the name of the Regulations, as the Census (2006) Amendment Regulations 2009 (No 1).

 

Regulation 2 provides that the Regulations will commence on the day after registration.

 

Regulation 3 provides the amendments to the Census (2006) Regulations 2005 as set out in Schedule 1.

 

Schedule 1

 

Item 1 in Schedule 1 changes the name of the Regulations to remove the reference to the 2006 Census and align the name with the name of the Act, the Census and Statistics Act 1905, to conform with current drafting practice.  The Regulation is now called the Census and Statistics (Census) Regulations (2005).

 

Item 2 in Schedule 1 removes regulation 3, regarding repealed legislation, which is a spent provision.

 

Item 3 in Schedule 1 removes the definition of ‘Census day’ as Census day is defined in the Census and Statistics Act 1905  and can be determined for each particular Census year by looking at the day appointed by Proclamation under subsection 8(2) of the Act. 

 

Item 4 in Schedule 1 inserts an explanatory footnote noting Census day is defined in the Act.

 

Item 5 in Schedule 1 amends the prescribed matter at 1.3 from ‘Age’ to ‘Date of birth or age last birthday’.  This aligns the items in Schedule 1 with the particular wording used on the Census form.

 

Overview

The Census (2006) Amendment Regulations 2009 (No. 1) were enacted to update the Census (2006) Regulations 2005, ensuring compliance with current drafting practices and rectifying minor inaccuracies in the prescribed matters for statistical data collection during the Census. These amendments were necessary to maintain the integrity and accuracy of the Census data, which is crucial for policy-making and resource allocation at both federal and state levels. The regulations were introduced by the Assistant Treasurer, issued under the authority of the Census and Statistics Act 1905, and are intended to ensure that the data collected during the Census is as precise and useful as possible. No substantial changes were made to the existing arrangements, and therefore, the amendments did not require public consultation as per the Legislative Instruments Act 2003. The overarching policy objective is to uphold the quality and reliability of the Census data, thereby supporting informed decision-making processes in various sectors of government and society.

Scope and Application

The Census (2006) Amendment Regulations 2009 (No. 1) are a legislative instrument under the Census and Statistics Act 1905, applying to the Australian Statistician and the Australian Bureau of Statistics (ABS) in their roles of collecting statistical information necessary for conducting the National Census of Population and Housing. The Act applies to the Commonwealth of Australia and, as specified, any external territories prescribed by regulation. These regulations are intended to update the Census (2006) Regulations 2005 to reflect minor changes and align with contemporary drafting practices. The Amendment Regulations do not impose any new conditions or alter the fundamental framework for the Census but aim to ensure the regulations are consistent with the statutory provisions and the actual wording used in the Census forms. The regulations are effective from the day after their registration on the Federal Register of Legislative Instruments. The scope of the Amendment Regulations is limited to the minor updates and alignments described, and no substantive changes to the conduct or outcomes of the Census are intended or achieved by these amendments.

Key Provisions

The Census (2006) Amendment Regulations 2009 (No. 1) primarily serve to update and refine the Census (2006) Regulations 2005 to align them more closely with the Census and Statistics Act 1905 and current drafting practices. Regulation 1 of the Amendment Regulations specifies the name of the Regulations, while Regulation 2 stipulates that they will commence on the day after registration. Regulation 3 details the amendments to the Census (2006) Regulations 2005, which are set out in Schedule 1. The Amendment Regulations introduce several key changes. Firstly, they rename the Regulations to the Census and Statistics (Census) Regulations (2005) to better conform with the Act's title (Schedule 1, Item 1). Secondly, they remove Regulation 3 of the Principal Regulations, which refers to repealed legislation and is now considered a spent provision (Schedule 1, Item 2). The definition of 'Census day' is also removed, as it is already defined in the Act and can be determined by looking at the day appointed by Proclamation under subsection 8(2) of the Act (Schedule 1, Item 3). An explanatory footnote is inserted to clarify that Census day is defined in the Act (Schedule 1, Item 4). Lastly, the prescribed matter at 1.3 is amended from 'Age' to 'Date of birth or age last birthday' to match the wording used on the Census form (Schedule 1, Item 5). The Amendment Regulations impose certain obligations and requirements on the parties and entities governed by them. For instance, the Australian Statistician is mandated to collect statistical information as prescribed by the Act, which includes the specific matters outlined in the Regulations (Section 8(3) of the Act). Additionally, the Regulations ensure that the external territories included in the Census are those prescribed by the Act (Section 2 of the Act). Failure to comply with the provisions of the Amendment Regulations may result in civil or criminal consequences, though no specific offences, penalties, or consequences are mentioned in the explanatory statement. The primary focus of the Amendment Regulations is to ensure that the existing arrangements for the Census remain consistent and effective, without introducing new compliance requirements or penalties. In summary, the Census (2006) Amendment Regulations 2009 (No. 1) provide minor but necessary updates to the Principal Regulations, ensuring they align with the Act and current drafting practices. These changes do not alter the fundamental process of conducting the Census and are designed to maintain the integrity and quality of the statistical information collected. The Regulations impose specific obligations on the Australian Statistician to collect prescribed information, but do not introduce new penalties or consequences for non-compliance.

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