Census and Statistics Act 1920

Overview

The Census and Statistics Act 1920 was enacted to amend the Census and Statistics Act 1905. It was introduced to address various issues identified in the administration and execution of the census process, including the need for more precise definitions, updated procedures for ensuring the fidelity and secrecy of collected data, and the authority to publish census results. This Act was passed by the Australian Parliament, aiming to enhance the accuracy and reliability of the census data by refining the roles and responsibilities of various officials involved in the process. The policy objective behind the Act was to improve the overall integrity and utility of the census statistics for informed policy-making and governance. The Act primarily focuses on updating the legal framework to better align with the evolving needs of census data collection and dissemination. It includes changes such as modifying the process for oaths and undertakings of secrecy, adjusting the terminology for better clarity, and adding provisions for the publication of census results. Additionally, it empowers the Minister to direct the compilation and publication of census data, ensuring that the findings are made available to both Houses of Parliament for legislative and administrative purposes.

Scope and Application

The Census and Statistics Act 1920 applies to any person or entity involved in the collection, compilation, and publication of census data in Australia. This encompasses individuals such as census collectors and occupiers of dwellings, as well as the Statistician responsible for the analysis and dissemination of census results. The Act governs the conduct and procedures associated with the census, including the undertaking of fidelity and secrecy by those involved in the census process, the requirement for census forms to be left at buildings rather than just dwellings, and the obligation of census collectors to assist in filling up schedules. The Act's jurisdictional reach is national, applying across the Commonwealth of Australia. It amends the Principal Act, the Census and Statistics Act 1905, to update certain definitions and procedures while maintaining the overall framework established by the original Act. The Act also extends its application through subordinate instruments, such as regulations that may prescribe additional penalties for breaches. Any exclusions or exemptions from the Act's provisions are not explicitly detailed within the provided text.

Key Provisions

The Census and Statistics Act 1920 amends the Census and Statistics Act 1905 (referred to as the Principal Act). The main changes include modifications to the procedures for undertakings of fidelity and secrecy by census workers, the replacement of certain terms, and the introduction of new reporting requirements. For instance, Section 3 requires census workers to sign an undertaking of fidelity and secrecy in the presence of a witness, rather than making a declaration before a Justice of the Peace or Commissioner for Affidavits. Section 4 alters the term "dwelling" to "building" in certain contexts, and Section 5 changes "dwelling-houses" to "dwellings". Additionally, Section 6 adds a penalty clause for offences against certain subsections, and Section 7 introduces a new section (15a) that mandates the Statistician to compile and publish census returns. The Act imposes several obligations on the parties it governs. Census workers must sign an undertaking of fidelity and secrecy in the presence of a witness (Section 3). They are also required to leave census forms at buildings rather than dwellings (Section 4). Occupiers of dwellings must observe the secrecy requirements and assist census workers in completing schedules (Section 9). The Statistician is responsible for compiling, tabulating, and publishing the census returns and any observations (Section 15a). Furthermore, the Act mandates that all results or abstracts and the Statistician's observations be laid before both Houses of the Parliament (Section 15a(2)). The Act delineates specific consequences for breaches. Section 10 of the Principal Act is amended to include the power to prescribe penalties not exceeding Fifty pounds for breaches of regulations. This means that any violations of the regulations made under the Act can result in fines up to Fifty pounds. While the Act does not explicitly detail further criminal or civil consequences, the penalties outlined suggest a framework for enforcing compliance with census and statistical requirements.