Census and Statistics Act 1938

Overview

The Census and Statistics Act 1938 was enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, to amend the Census and Statistics Act 1905-1930. The primary objective of this legislation was to enhance the collection of statistical data by ensuring that the relevant authorities collect at least the required amount of data, as well as to provide flexibility in the forms to be filled for specific matters by allowing the Minister to approve forms for the collection of such statistics. This Act aims to ensure the accuracy and comprehensiveness of the data collected, which is essential for informed policy-making and the administration of government services. The Act came into operation on the day it received Royal Assent, ensuring its immediate applicability to the collection of census and statistical data.

Scope and Application

The Census and Statistics Act 1938 applies to the collection of census and statistical data within the Commonwealth of Australia. The Act amends the Census and Statistics Act 1905-1930, extending its provisions to ensure that the Australian Bureau of Statistics collects at least the specified statistics. It applies to any person or entity required to provide information in relation to the census or any specified statistics, including businesses, individuals, and government bodies. The geographic reach of this Act is national, encompassing all states and territories within Australia. There are no specific exclusions or exemptions mentioned in the text, and the Act allows for the extension or restriction of its application through subordinate instruments, such as regulations or guidelines issued by the relevant authorities.

Key Provisions

The main operative sections of the Census and Statistics Act 1938, as amended, primarily involve the collection of statistics by the Commonwealth Statistician. Section 3 amends Section sixteen of the Principal Act by inserting the phrase “at least,” thereby requiring that the statistics collected must meet a minimum threshold. This alteration ensures that the data gathered is comprehensive and adequate for the purposes of national census and statistical activities. Section 4 amends Section seventeen of the Principal Act by adding a new clause that specifies the completion of forms. This clause requires that, in cases involving statistics related to specific matters outlined in paragraph (g) of the previous section, the forms must be filled out in accordance with the instructions provided by the Minister, who has the authority to approve these forms. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with the collection and submission of accurate and comprehensive statistical data. The Commonwealth Statistician, under Section 3, is mandated to ensure that the data collected meets a minimum standard, which includes gathering at least the specified amount of information. Additionally, Section 4 places a responsibility on those filling out the forms to adhere to the instructions provided by the Minister. These instructions are crucial as they ensure that the data collected is uniform and comparable across different entities and time periods. The Minister’s role in approving forms and providing instructions is integral to maintaining the integrity and usefulness of the collected data. Failure to comply with the requirements of the Census and Statistics Act 1938 can result in both civil and criminal consequences. Although the Act does not explicitly detail the penalties for non-compliance, it is understood that breaches of census and statistics laws can lead to significant legal ramifications. The specific penalties might include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The exact penalties would be determined under the broader legislative framework governing census and statistics in Australia, which typically includes provisions for ensuring compliance through enforcement actions.