Census and Statistics Act 1905
No. 15, 1905
Compilation No. 9
Compilation date: 1 October 2020
Includes amendments up to: Act No. 64, 2020
Registered: 1 October 2020
About this compilation
This compilation
This is a compilation of the Census and Statistics Act 1905 that shows the text of the law as amended and in force on 1 October 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Application to external Territories
3 Interpretation
6 Arrangements with State Governments as to execution of Act
7 Undertaking of fidelity and secrecy
Part II—The Census
8 Taking of Census
8A Transfer of Census information to the Archives
Part III—Statistics
9 Statistical information to be collected
Part IV—Administration
10 Forms to be filled up
11 Answering of questions
12 Publication etc. of statistics
13 Release of information
14 Failure to answer questions etc.
15 False or misleading statements or information
16 Authorized officers
17 Delegation
18 Powers of entry
19 Secrecy
19A Non‑disclosure of Census information
19B Former officers
20 Prosecution of offences
21 Continuing offences
22 Joinder of charges and penalties for certain offences
27 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to the Census and Statistics of the Commonwealth
Part I—Preliminary
1 Short title
This Act may be cited as the Census and Statistics Act 1905.
2 Application to external Territories
This Act extends to such external Territories as are prescribed.
3 Interpretation
In this Act, unless the contrary intention appears:
Agency has the…
Overview
The Census and Statistics Act 1905 (Cth) was enacted by the Australian Parliament to establish a framework for the collection and analysis of statistical data, including the national census, to support informed decision-making and policy development at the federal level. The Act aims to ensure the accurate and reliable collection of statistical information while protecting the privacy and confidentiality of individuals and organisations. Key provisions include the authority to collect and publish statistical data, the appointment of authorised officers, and the imposition of penalties for offences such as non-compliance and the unauthorised disclosure of confidential information.
Scope and Application
The Census and Statistics Act 1905 governs the collection and dissemination of census and statistical information in Australia. The Act applies to the Commonwealth and prescribed external territories, as defined by the Act. The Act applies to the Australian Statistician, officers, and authorized officers, who are responsible for the collection of statistical information, among other duties. These officers are appointed by the Statistician and have specific powers and obligations under the Act. The Act also includes provisions for the confidentiality and security of the collected data, with strict penalties for breaches. The Minister has the authority to make determinations regarding the disclosure of information, subject to the approval of the Statistician, and these disclosures must not lead to the identification of individuals. The Act allows for the delegation of certain powers to officers and includes provisions for the prosecution of offences, including strict liability for failure to comply with directions. The Act extends its application through subordinate instruments, such as regulations, which can prescribe matters necessary for carrying out the Act, including penalties for offences against the regulations.
Key Provisions
- The Census and Statistics Act 1905, as compiled and in force on 1 October 2020, provides the legal framework for the conduct of the national census and the collection and dissemination of statistical information. The Act is divided into four parts: Preliminary, The Census, Statistics, and Administration. Section 8 of Part II mandates that a census be conducted in the year 1981 and every fifth year thereafter, with the census day designated by proclamation. Section 8A, added by the Census Information Legislation Amendment Act 2000, requires the transfer of census information to the National Archives of Australia, subject to individual consent. Section 9 of Part III allows the Statistician to collect statistical information as deemed appropriate, with a specific mandate to gather information necessary for compiling quarterly population statistics.
- The Act imposes several obligations on parties governed by it. Section 10 mandates the preparation of forms for the collection of statistical information, while Section 11 permits the Statistician or authorized officers to request individuals to answer questions or provide particulars. Section 16 allows the Statistician to appoint authorized officers, with a restriction on appointing individuals who perform services under certain arrangements. Section 19 imposes a duty of secrecy on officers, requiring them to sign an undertaking before assuming duties. Additionally, Section 19A prohibits the Statistician or officers from disclosing census information to agencies or in court proceedings for 99 years after the census.
- Offences and penalties are outlined in the Act to ensure compliance. Section 14 imposes a penalty of one penalty unit for failing to comply with a direction to provide particulars or answer questions, with the exception of religious beliefs. Section 15 imposes a penalty of 10 penalty units for knowingly providing false or misleading statements or information. Section 19 imposes severe penalties, including 120 penalty units or two years imprisonment, or both, for divulging information obtained under the Act, with exceptions for disclosures made in accordance with a determination or for the purposes of the Act. Section 20 specifies that offences against the Act, other than those under Section 19, are to be prosecuted summarily, while Section 21 addresses continuing offences, ensuring that obligations to provide information persist until fulfilled.
- This Act, thus, establishes a comprehensive legal framework for the conduct of the census and the collection of statistical information, while also imposing significant obligations and penalties for compliance and breaches.
- Area of Law
- Statistics Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
- Enforcement Powers
- Civil Penalty Provisions