Census and Statistics Amendment Act 1981

Overview

The Census and Statistics Amendment Act 1981, enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, aims to amend the Census and Statistics Act 1905. This legislative amendment was introduced to address various issues, including the need to update the roles and responsibilities of officers, enhance the secrecy provisions, and increase penalties for non-compliance. The act includes amendments to definitions, procedural requirements for the filling up of schedules, and the removal of certain powers and penalties that were deemed outdated or insufficient. The policy objective of these amendments is to ensure the accuracy and confidentiality of census data while also strengthening the enforcement mechanisms against non-compliance.

Scope and Application

The Census and Statistics Amendment Act 1981 amends the Census and Statistics Act 1905, impacting the legislative framework governing the collection, analysis, and dissemination of statistical data in Australia. The Act applies to entities and individuals involved in the census and statistics processes, specifically the Australian Bureau of Statistics and its officers, as well as occupiers of dwellings. The geographic scope of this legislation is national, applying across the Commonwealth of Australia. The Act increases the penalties for various offences under the Principal Act, such as increasing fines from twenty dollars to five hundred dollars for several sections and imposing fines of up to one thousand dollars or imprisonment for six months, or both, for forgery and providing false information. The Act also redefines certain terms to clarify roles and responsibilities within the Bureau. Although the Act itself sets out the amendments and penalties, further details or regulations pertaining to the operation of the Act may be established through subordinate legislation, thereby extending or refining the application of the primary Act.

Key Provisions

The Census and Statistics Amendment Act 1981 (C2004A02426) introduces significant amendments to the Census and Statistics Act 1905. The primary changes include updates to definitions, modifications to the process for completing and submitting schedules, alterations to the powers of collectors, and modifications to penalties for non-compliance. The Act amends Section 3 of the Principal Act by defining terms such as "Bureau," referring to the Australian Bureau of Statistics, and "officer," which includes staff members of the Bureau and persons engaged to assist in the Bureau's functions (section 3). It also changes Section 11 to allow occupiers to submit their completed schedules directly to the Statistician or through designated Collectors (section 4). Furthermore, Section 13 is amended to streamline the process for Collectors in assisting with the completion of schedules (section 5). Additionally, Section 19 is altered to remove the second subsection, which previously allowed for entry and inspection (section 6). The Act imposes specific obligations on parties involved in the census process. Occupiers are required to complete Householder's Schedules and ensure they are delivered to the appropriate authority, either the Collector or directly to the Statistician (section 4). Collectors, who assist in gathering census data, must adhere to the streamlined procedures set forth in the amended Section 13 (section 5). Moreover, the secrecy provisions are updated to ensure that only individuals who have been the Statistician or an officer are bound by confidentiality obligations (section 8). These amendments aim to clarify roles and responsibilities, ensuring a more efficient and secure census process. The Act also outlines significant changes to penalties for breaches of the amended provisions. The penalties for various offences have been increased substantially. For instance, penalties for offences previously carrying a fine of twenty dollars are now set at five hundred dollars (section 10). Similarly, fines for other specified offences have been increased from twenty dollars to five hundred dollars, or in some cases, one thousand dollars, with the possibility of imprisonment for up to six months (section 10). Additionally, offences related to the forgery of forms have been updated to carry penalties of up to one thousand dollars or imprisonment for six months, or both (section 10). These enhanced penalties reflect the importance of compliance with census regulations and the need to deter non-compliance effectively.