Census and Statistics Amendment Act 1977

Overview

The Census and Statistics Amendment Act 1977, enacted by the Queen's assent in conjunction with the Senate and House of Representatives, addresses the need for modernising and updating the legislative framework governing the collection and publication of census and statistical data in Australia. This Act amends the Census and Statistics Act 1905 to reflect the changing administrative landscape, particularly by aligning the role of the Statistician with the Australian Statistician under the Australian Bureau of Statistics Act 1975. The policy objective of the Act is to ensure that the statistical data collected remains relevant and useful for governmental and public decision-making processes. The Act came into operation on the same day as the Representation Amendment Act 1977, signifying a coordinated effort to reform the statistical functions of the Commonwealth. It introduces amendments such as the rescheduling of the census to occur every fifth year starting from 1981 and mandates the collection of additional statistics necessary for the compilation of specific statistical data. This legislative update aims to streamline the processes involved in data collection, compilation, and publication, ensuring they are efficient and aligned with contemporary administrative practices.

Scope and Application

The Census and Statistics Amendment Act 1977 amends the Census and Statistics Act 1905 to update the legislative framework governing the collection and publication of statistical data in Australia. This Act applies to the Australian Statistician, who is referred to in the Australian Bureau of Statistics Act 1975, and pertains to the collection, compilation, and publication of census and other statistical data. The amendments clarify the responsibilities of the Statistician, including the collection of necessary statistics and the publication of those statistics or their abstracts as directed by the Minister. The Act has a national jurisdictional reach, impacting the conduct and operations of the Australian Bureau of Statistics and any entity involved in the census or statistical data collection processes. The Act does not explicitly provide for exclusions or exemptions, but its application is limited to the specified days and intervals for the census and collection of statistics as outlined within the amended sections. Subordinate instruments may extend or further detail the application of the Act, though this is not explicitly stated in the provided text.

Key Provisions

The Census and Statistics Amendment Act 1977 (Act) introduces several key amendments to the Census and Statistics Act 1905 (Principal Act). The primary changes include adjustments to the timing of the census (Section 5), the definition of the Statistician (Section 3), and the collection and publication of statistics (Sections 6 and 7). Specifically, the census is mandated to occur in 1981 and every fifth year thereafter, with additional prescribed times (Section 5(1)). The definition of the Statistician is updated to refer to the Australian Statistician under the Australian Bureau of Statistics Act 1975 (Section 3). Furthermore, the Statistician is now required to collect statistics necessary for the compilation of specified statistics (Section 6(2)) and to compile and publish statistics with ministerial direction (Section 7(1)). The Act imposes specific obligations on the Statistician and other relevant parties. The Statistician must now collect and publish statistics as directed by the Minister (Sections 6 and 7). These statistics include population counts for each state at the end of specified months each year and any additional statistics collected in accordance with Section 6(2). Additionally, the Statistician must ensure that these statistics are published or abstracted as directed, accompanied by relevant observations. The Act also mandates that the amendments to the Principal Act apply only to the specified days occurring after the Act's commencement (Section 9). Failure to comply with the requirements of the Act can lead to legal consequences. While the Act does not explicitly detail specific penalties for breaches, non-compliance with census and statistics mandates can typically result in civil or criminal penalties under related legislation. These penalties can include fines or imprisonment, depending on the severity of the breach and the relevant laws governing the matter. The exact penalties would be determined by the courts based on the specific circumstances of the non-compliance.