CENSUS AND STATISTICS.
s
No. 34 of 1949.
An Act to amend the Census and Statistics Act 1905-1946.
[Assented to 12th July, 1949.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Census and Statistics Act 1949.
(2.) The Census and Statistics Act 1905-1946 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Census and Statistics Act 1905-1949.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. Section seventeen of the Principal Act is repealed and the following section inserted in its stead:—
Forms to be filled up.
“17.—(1.) For the purpose of enabling the statistics referred to in this Part to be collected, the Statistician may require a person to fill up and supply, in accordance with the instructions contained in or accompanying a form supplied to that person by the Statistician, the particulars specified in that form, and that person shall, to the best of his knowledge, comply with the requirement.
Penalty: Ten pounds.
“(2.) A prosecution for a contravention of this section shall not be instituted without the consent of the Minister.”.
Publication of statistics.
4. Section twenty of the Principal Act is amended by adding at the end thereof the following sub-section:—
“(3.) This section shall not authorize the publication of any matter the publication of which by the Statistician otherwise than under this section would be a contravention of section twenty-four of this Act.”.
5. Section twenty-four of the Principal Act is repealed and the following section inserted in its stead:—
Officers and occupiers to observe secrecy.
“24. The Statistician, an officer, or the occupier of a dwelling, shall not, except as allowed by this Act, divulge the contents of any form filled up, or any information furnished—
(a) in pursuance of this Act; or
(b) at the request of the Statistician, for statistical purposes.
Penalty: Fifty pounds.”.
Overview
The Census and Statistics Act 1949 was enacted to amend the Census and Statistics Act 1905-1946, responding to the need for updated and more precise regulatory frameworks governing the collection and handling of census and statistical data. The Act was assented to on 12th July 1949 and was brought into operation on the same day it received Royal Assent. Enacted by the Parliament of the Commonwealth of Australia, the Act's primary policy objective is to ensure the accurate collection of statistics while maintaining the confidentiality of the data provided by individuals and entities. The 1949 amendments focus on enhancing the legal provisions related to the confidentiality and non-disclosure of statistical information, including the introduction of penalties for breaches and the explicit limitation on the publication of certain statistical matters.
Scope and Application
The Census and Statistics Act 1949 applies to individuals, officers, and occupiers of dwellings within the Commonwealth of Australia. It mandates compliance with the instructions of the Statistician for filling out forms related to census and statistical purposes and imposes penalties for non-compliance. The Act governs the collection, handling, and publication of statistical information, with strict confidentiality provisions to ensure that the contents of completed forms and any information provided for statistical purposes remain secure and are not disclosed without proper authorisation. The Act explicitly restricts the publication of certain matters that would otherwise contravene its secrecy provisions. Its scope is national, applying across all states and territories within Australia. While the primary text of the Act outlines these obligations and restrictions, the application and interpretation of these provisions may be further refined or expanded through subordinate legislation or regulations issued under the authority of the Act.
Key Provisions
The Census and Statistics Act 1949 introduces several key provisions aimed at the effective collection and management of census and statistical data. Section 17 mandates that individuals must complete and submit forms provided by the Statistician, which detail specific information required for statistical purposes. This section emphasises the obligation on individuals to provide information to the best of their knowledge, with a penalty of ten pounds for non-compliance. Importantly, prosecutions for breaches of this section can only be initiated with the Minister's consent, as noted in subsection 17(2).
The Act imposes various obligations on the parties involved, including the Statistician, officers, and occupiers of dwellings. Under Section 24, these individuals are required to maintain the confidentiality of the information collected. They are prohibited from disclosing the contents of any forms or information provided unless expressly permitted by the Act. This secrecy requirement is crucial to protect the privacy of individuals and to ensure the integrity of the statistical data. Failure to adhere to this obligation can result in a penalty of fifty pounds, underscoring the seriousness of maintaining confidentiality.
In terms of legal consequences, the Act provides for specific penalties for breaches of its provisions. Non-compliance with the requirement to complete and submit census forms, as stipulated in Section 17, carries a penalty of ten pounds. Similarly, Section 24 imposes a penalty of fifty pounds for any breach of the confidentiality provisions. These penalties serve as deterrents to ensure compliance with the statutory requirements, thereby facilitating the accurate and reliable collection of statistical data. Additionally, the restriction on prosecuting under Section 17(2) highlights the importance of ministerial oversight in enforcing the Act’s provisions.