Census and Statistics Act 1905 - Proclamation

Overview

The Proclamation appointing Census day under the Census and Statistics Act 1905, issued in 2006, aims to address the scheduling of the national census, ensuring it occurs at regular intervals and avoids school holidays to maximise coverage. The Act, enacted by the Commonwealth Parliament, mandates that the census be conducted every five years, with the 2001 census held on 7 August 2001. To maintain data comparability, the 2006 census was scheduled close to this date, while also avoiding school holidays to ensure comprehensive coverage of residents in their usual places of residence. This proclamation, which designates 8 August 2006 as Census day, adheres to the legislative requirements and does not necessitate prior conditions for its issuance. Notably, no consultation was undertaken in relation to this proclamation.

Scope and Application

The Census and Statistics Act 1905 applies to the Commonwealth of Australia and mandates the conduct of a census every fifth year, beginning from 1981, and at any additional times prescribed by the Act. This legislation is instrumental in ensuring the systematic collection of demographic, economic, and social data, which is essential for informed policy-making and resource allocation across various sectors. The Act requires that the Census day be appointed by proclamation, ensuring that the census is conducted in a timely manner to maintain the comparability of data over successive census periods while avoiding school holidays to achieve comprehensive coverage of the population in their usual place of residence. Although the Act specifies no conditions for the exercise of the power to make the proclamation, it allows for flexibility in scheduling to accommodate these practical considerations. The proclamation, as a legislative instrument, is subject to the Legislative Instruments Act 2003, and no consultation was undertaken in relation to the specific proclamation for the 2006 Census.

Key Provisions

The main operative sections of this proclamation, rooted in the Census and Statistics Act 1905, are subsections 8(1) and 8(2). Subsection 8(1) mandates that a Census should be conducted every five years, beginning in 1981, and at any other times as prescribed. This sets a regular schedule for the national Census. Subsection 8(2) requires that the specific day for the Census, known as Census day, be formally appointed by proclamation. This proclamation specifies that the 2006 Census will be conducted on 8 August 2006, aligning closely with the 2001 Census date of 7 August 2001 to ensure data comparability over time. The choice of this date also considers the need to avoid school holidays to maximise the participation of individuals in their usual place of residence. The proclamation imposes certain obligations on the entities involved in the conduct of the Census. Primarily, the Australian Bureau of Statistics (ABS) is tasked with the responsibility of carrying out the Census on the appointed day. This includes ensuring that all necessary preparations are made for a smooth and accurate Census process. The ABS must also adhere to the guidelines and timing specified in the proclamation to maintain the integrity and comparability of Census data over successive years. Additionally, the proclamation ensures that the public is informed about the date and significance of the Census, encouraging widespread participation. Breach of the requirements set out in the Census and Statistics Act 1905 and the proclamation could result in legal consequences. While the proclamation itself does not explicitly detail specific offences or penalties, the Act may include provisions for penalties for non-compliance with Census obligations. Typically, under the Act, penalties for failure to comply with Census requirements can include fines. However, the exact penalties are detailed elsewhere in the Act, and these may vary depending on the nature and severity of the breach. The overarching aim is to ensure that the Census data collected is as accurate and comprehensive as possible, thereby supporting the needs of policy-makers and researchers.