Census and Statistics (2026 Census Day) Proclamation 2025

Administered by Department of the Treasury

Legislation au F2025L00840 In force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by authority of the Assistant Minister for Productivity, Competition, Charities and Treasury and Parliamentary Secretary to the Treasurer

Census and Statistics Act 1905

Census and Statistics (2026 Census Day) Proclamation 2025

The Census and Statistics Act 1905 (the Act) governs the taking and administration of the Census of Population and Housing (the Census).

Subsection 8(1) of the Act provides that the Census shall be taken in the year 1981 and every fifth year thereafter, and at such other times as are prescribed. Thus, the next National Census is to be conducted in 2026. The Census day is defined in subsection 19A(3) of the Act and means the day appointed, under subsection 8(2), as the Census day for that Census. Subsection 8(2) of the Act requires that the Census day shall be appointed by proclamation.

The purpose of the Census and Statistics (2026 Census Day) Proclamation (the Proclamation) is to appoint the Census day for the 2026 Census. The previous Census was conducted on 10 August 2021. To maintain comparability of the time series data it is important that the 2026 Census day be consistent with this date and be conducted as close as possible to this date. This avoids potential statistical anomalies when compared with previous Censuses. The Census also needs to avoid school holidays to ensure as full coverage as possible of persons in their usual place of residence.

Therefore, the Proclamation appoints 11 August 2026 as the day on which the 2026 Census will be taken.

The Census day has taken place on a Tuesday in early August for each Census since 1991. This timing was chosen to minimise the displacement of population, with this being when the fewest people would be likely to be absent from their usual residence. During the public consultation on the content of the 2026 Census which took place in 2023 and 2024, many submissions noted the need for Census data to remain as comparable as possible over time. Further external consultation in relation to the selection of the date was not considered necessary.

The Act does not specify any conditions that need to be satisfied before the power to make the Proclamation may be exercised.

The Proclamation is a legislative instrument for the purposes of the Legislation Act 2003.

The Proclamation commenced on the day after it was registered on the Federal Register of Legislation.

The Proclamation is subject to disallowance and sunsetting provisions pursuant to the Legislation Act 2003.

Details of the Proclamation are set out in Attachment A.

A statement of Compatibility with Human Rights is at Attachment B. The Office of Impact Analysis has been (OIA) has been consulted (OIA ref: OIA24-08171) and agreed that an Impact Analysis is not required. The measure has no impact on compliance costs.

ATTACHMENT A

Details of the Census and Statistics (2026 Census Day) Proclamation 2025

Section 1 – Name

This section provides that the name of the Proclamation is the Census and Statistics (2026 Census Day) Proclamation 2025.

Section 2 – Commencement

This section provides that the Proclamation commenced on the day after the instrument was registered on the Federal Register of Legislation.

Section 3 – Authority

The Proclamation is made under subsection 8(2) Census and Statistics Act 1905 (the Act).

Section 4 – Census day 2026

This section provides that the Census day for 2026 is proclaimed to be 11 August 2026.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Census and Statistics (2026 Census Day) Proclamation 2025 (Legislative Instrument)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

Subsection 8(1) of the Census and Statistics Act 1905 (the Act) provides that the Census of Population and Housing (the Census) shall be taken in the year 1981 and every fifth year thereafter, and at such other times as are prescribed. Thus, the next Census is to be conducted in 2026. The Census day is defined in subsection 19A(3) of the Act and means the day appointed, under subsection 8(2), as the Census day for that Census. This appointment must be done by proclamation. This Legislative Instrument proclaims the Census day to be 11 August 2026.

Human rights implications

This Legislative Instrument engages, and is compatible with, the prohibition on interference with privacy. Article 17 of the International Covenant on Civil and Political Rights prohibits unlawful or arbitrary interferences with a person’s privacy, family, home and correspondence. It also enforces the right to lawful protection against such interference.

The purpose of the Legislative Instrument is to proclaim the day when the 2026 Census will be held and therefore when personal information will be collected. The Census aims to accurately measure the number of people and dwellings in Australia on the night of the Census day, and a range of their key characteristics. This information is used for electoral purposes and for planning the distribution of government funds.

The conduct of the Census, as required by the Act, engages the prohibition on interference with privacy. The Legislative instrument itself does not impose obligations on persons to provide personal information. Such obligations associated with the collection of information from persons for the purposes of the Census are lawfully imposed by subsections 10(4) and 11(2) of the Act. Information given under the Act is protected by the secrecy provisions of section 19, which provide for offences for officers who disclose information (other than to the person from whom it was obtained) given under the Act.

Conclusion

The Legislative Instrument is compatible with human rights because to the extent that it may interfere with human rights, this interference is necessary for the function of the Census, and rights are reasonably protected.

Overview

The Census and Statistics Act 1905 governs the administration and execution of the Census of Population and Housing in Australia, with the next National Census scheduled for 2026. To maintain the comparability of data over time, the Census and Statistics (2026 Census Day) Proclamation 2025 has been enacted to appoint 11 August 2026 as the Census day, aligning closely with the date of the previous Census in 2021 and avoiding school holidays to ensure comprehensive coverage. This timing, consistent with the tradition of conducting the Census on a Tuesday in early August since 1991, aims to minimise population displacement and statistical anomalies. The Proclamation is subject to disallowance and sunsetting provisions as outlined in the Legislation Act 2003 and has been deemed compatible with human rights, ensuring that personal information collected during the Census is protected by relevant secrecy provisions.

Scope and Application

The Census and Statistics Act 1905 governs the administration and taking of the Census of Population and Housing in Australia, with its primary objective being the collection of comprehensive demographic data. This Act applies to all entities and individuals within Australia, including Commonwealth, state, and territory governments, as well as businesses and residents. The 2026 Census, mandated by the Act, will be conducted on 11 August 2026, a date chosen to ensure consistency with previous Census dates and to avoid school holidays. The legislative framework allows for the proclamation of the Census date, with the 2026 Census Day being formally appointed through the Census and Statistics (2026 Census Day) Proclamation 2025. The Proclamation is subject to disallowance and sunsetting provisions under the Legislation Act 2003, and it has been determined that an Impact Analysis is not required as it does not impact compliance costs. Additionally, the Office of Impact Analysis has confirmed that the Legislative Instrument is compatible with human rights, particularly the right to privacy, as it mandates the collection of personal information for specific, lawful purposes, with strict confidentiality measures in place.

Key Provisions

The main operative sections of the Census and Statistics (2026 Census Day) Proclamation 2025 specify the date for the 2026 Census. Section 4 of the Proclamation declares that the Census day for 2026 is 11 August 2026, aligning with the established pattern of conducting the Census in early August, specifically on a Tuesday (section 19A(3) of the Census and Statistics Act 1905). The Proclamation appoints this date to ensure data comparability and avoid disruptions such as school holidays, thereby maximising the accuracy and comprehensiveness of the Census data. The Act imposes specific obligations on the parties involved in the administration of the Census. Under subsections 10(4) and 11(2) of the Census and Statistics Act 1905, there is a requirement for individuals to provide information about themselves and their households on Census day. Additionally, section 19 of the Act imposes secrecy provisions, protecting the confidentiality of the information collected and setting out penalties for any unauthorised disclosure of this information. The Proclamation itself does not impose direct obligations but facilitates the lawful collection of data by specifying the date for the Census. Failure to comply with the requirements of the Census and Statistics Act 1905 can result in various penalties and consequences. Subsection 10(4) of the Act makes it an offence for a person to fail to provide information as required, with potential penalties including fines up to $1,800. Subsection 11(2) also criminalises the provision of false or misleading information, with penalties of up to $5,400. Furthermore, section 19 imposes strict secrecy provisions, making it an offence for officers to disclose information obtained under the Act, with penalties including fines up to $10,800 or imprisonment for up to two years, or both. These penalties underscore the importance of accurate and confidential data collection for the Census.

Area of Law: Statistics & Data Collection
Instrument: Proclamation
Concepts: Commencement Provisions; Definitions & Interpretation; Reporting & Disclosure Obligations

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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