Census and Statistics (Census) Regulations 2005

Administered by Department of the Treasury

Legislation au F2005L03411 Regulations Not in force Legislative Instrument

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Census and Statistics (Census) Regulations 2005

Select Legislative Instrument 2005 No. 259 as amended

made under the

Census and Statistics Act 1905

This compilation was prepared on 14 November 2009
taking into account amendments up to SLI 2009 No. 313

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Commencement [see Note 1]

 4 Definitions 

 5 External Territories prescribed under section 2 of the Act 

 6 Matters prescribed for the purposes of section 8 of the Act 

Schedule 1 Prescribed matters 

 1 In relation to a person 

 2 In relation to a household accommodated on Census night in a private dwelling             

 3 In relation to a private dwelling 

 4 In relation to a dwelling other than a private dwelling 

Notes   

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Census and Statistics (Census) Regulations 2005.

2 Commencement [see Note 1]

  These Regulations commence on the day after they are registered.

4 Definitions

  In these Regulations, unless the contrary intention appears:

Census night means the night of the Census day.

private dwelling means a dwelling other than:

 (a) a hotel, motel, hostel or boarding house; or

 (b) a dwelling used solely or principally as sleeping accommodation by members of a group of persons who share common living or dining areas or other common amenities; or

 (c) a religious institution; or

 (d) a residential institution (including a hospital, nursing home, school, university, college, orphanage, house of refuge, prison or other penal or corrective institution); or

 (e) a vessel, other than a houseboat, used in navigation by water.

the Act means the Census and Statistics Act 1905.

Note   Census day is defined in the Act.

5 External Territories prescribed under section 2 of the Act

  For section 2 of the Act, the following external Territories are prescribed:

 (a) Christmas Island;

 (b) Cocos (Keeling) Islands.

6 Matters prescribed for the purposes of section 8 of the Act

  For section 8 of the Act, the matters set out in Schedule 1 are prescribed.

Schedule 1 Prescribed matters

(regulation 6)

 

1 In relation to a person

1.1  Name

1.2  Sex

1.3  Date of birth or age last birthday

1.4  Relationship to the other persons, if any, who spend Census night in the same accommodation

1.5  Present marital status

1.6  Address of usual residence

1.7  Address of usual residence 1 year before the Census day

1.8  Address of usual residence 5 years before the Census day

1.9  Religious denomination

1.10  Citizenship

1.11  Aboriginal or Torres Strait Islander origin

1.12  Country of birth

1.13  Country of birth of each parent

1.14  For a person not born in Australia — the year of the person’s first arrival in Australia

1.15  Languages spoken at home

1.16  For a person who speaks a language other than English at home — his or her proficiency in speaking English

1.17  Present attendance at an educational institution

1.18  For a person who is not less than 15 years of age:

 (a) the highest level of primary or secondary school completed;

 (b) education qualifications;

 (c) labour force status;

 (d) income;

 (e) domestic activities;

 (f) the provision of unpaid care due to the disability, long term illness or old age of another person;

 (g) the provision of care to a child;

 (h) voluntary work through an organisation or group

1.19  Ancestry

1.20  For a person who is not less than 15 years of age and was employed (including selfemployed) during the week immediately preceding the Census day:

 (a) status in employment during that week;

 (b) occupation during that week;

 (c) the name and address of the undertaking in which the person was employed during that week;

 (d) the main kind of business or industry carried on, or service provided, by that undertaking during that week;

 (e) the hours worked by the person during that week;

 (f) the main duties or tasks that the person usually performs in the occupation;

 (g) mode of travel to work by the person on Census day;

 (h) if the person owns a business, the total number of persons who are employed by the business

1.21  The need for assistance with, or the supervision of another person for, any of the following activities:

 (a) self care;

 (b) body movement;

 (c) communication

1.22  The reason for requiring assistance or supervision for, any of the following activities:

 (a) self care;

 (b) body movement;

 (c) communication

1.23  For a female who is not less than 15 years of age — the number of children to whom she has given birth

1.24  The type of educational institution attended, if any

2 In relation to a household accommodated on Census night in a private dwelling

2.1  The address on Census night

2.2  For a person who is usually a member of the household but is absent from the household accommodation on the Census night:

 (a) name;

 (b) sex;

 (c) age;

 (d) student status;

 (e) relationship to other members of the household;

 (f) Aboriginal or Torres Strait Islander origin

2.3  The right, title or interest of the household in the household’s accommodation

2.4  The number of bedrooms in the dwelling

2.5  The rent or loan repayments payable by the household for its accommodation

2.6  If the dwelling is rented — the nature of the person or body to whom rent is paid

2.7  The number of registered motor vehicles, garaged or parked at or near the dwelling on Census night, that are owned or used by residents of the dwelling

2.8  Whether the dwelling has an internet connection

3 In relation to a private dwelling

3.1  The structure

3.2  The location

3.3  The status of a person in the dwelling

4 In relation to a dwelling other than a private dwelling

4.1  The classification of the dwelling by reference to its purpose

4.2  The status of a person in the dwelling

4.3  The address of the dwelling

4.4  The name of the establishment, if any

4.5  The number of persons resident in the establishment.

Notes to the Census and Statistics (Census) Regulations 2005

Note 1

The Census and Statistics (Census) Regulations 2005 (in force under the Census and Statistics Act 1905) as shown in this compilation comprise Select Legislative Instrument 2005 No. 259 amended as indicated in the Tables below.

Table of Instruments

Year and
Number

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

2005 No. 259

15 Nov 2005 (see F2005L03411)

16 Nov 2005

 

2009 No. 313

13 Nov 2009 (see F2009L04136)

14 Nov 2009

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1..................

rs. 2009 No. 313

R. 3..................

rep. 2009 No. 313

R. 4..................

am. 2009 No. 313

Schedule 1

 

Schedule 1.............

am. 2009 No. 313

 

 

Overview

The Census and Statistics (Census) Regulations 2005, enacted under the Census and Statistics Act 1905, serve to provide the detailed framework for the collection of data during the census. These regulations were introduced to address the need for a structured and comprehensive approach to gathering and recording demographic and socio-economic data, essential for policy making, resource allocation, and planning at various governmental levels. The regulations specify the precise information to be collected about individuals, households, and dwellings, thereby ensuring that the data gathered is both uniform and comprehensive. The policy objective is to enable the Australian Bureau of Statistics to conduct an effective and legally compliant census, facilitating the production of accurate and reliable statistical data that supports informed decision-making across the nation. These regulations, as amended, establish the parameters for the census process, ensuring that the data collected meets the highest standards of accuracy and relevance.

Scope and Application

The Census and Statistics (Census) Regulations 2005, made under the Census and Statistics Act 1905, establish the framework for the collection of data during the Australian Census. These Regulations apply to all individuals and households within Australia, including those in the Australian Capital Territory, Jervis Bay Territory, and the external territories of Christmas Island and Cocos (Keeling) Islands. They outline specific data points to be collected about persons, households, private and non-private dwellings on Census night. The prescribed matters for collection include personal details such as name, sex, date of birth, and relationship status, as well as household information such as the number of bedrooms, rent or loan repayments, and the presence of internet connection. The Regulations also define terms such as "Census night" and "private dwelling," and provide for amendments through subordinate instruments to refine the data collection process over time.

Key Provisions

The Census and Statistics (Census) Regulations 2005 (referred to as the Regulations) govern the collection of information during the census process in Australia. The primary sections of the Regulations, such as section 4, define key terms and concepts, including the meaning of "Census night" and "private dwelling" (sections 4(1) and 4(2)). Section 5 specifies the external territories included in the census, such as Christmas Island and Cocos (Keeling) Islands, while section 6 outlines the prescribed matters to be collected from individuals, households, and dwellings, which are detailed in Schedule 1. Schedule 1 lists specific information to be collected, such as personal details, household composition, and dwelling characteristics. The Regulations impose several obligations on parties involved in the census process. They mandate the collection of detailed information from individuals and households to ensure comprehensive data for statistical purposes. For instance, section 6 and Schedule 1 require the collection of information such as name, sex, date of birth, and relationship to other household members (Schedule 1, clause 1). Additionally, the Regulations require that data be collected on the type and status of dwellings, including whether they are private or non-private, and the number of bedrooms and vehicles associated with the dwelling (Schedule 1, clauses 2 and 3). Failure to comply with the Census and Statistics (Census) Regulations 2005 can result in legal consequences. Under section 22 of the Census and Statistics Act 1905, individuals and entities that fail to comply with the census requirements may face penalties. The penalties for providing false or misleading information can include fines of up to $5,000 for individuals and $25,000 for bodies corporate. Furthermore, the Act provides for enforcement actions, including the power of entry by authorised officers to collect information and the authority to prosecute offenders. These provisions underscore the importance of accurate and complete data for the effective functioning of governmental and statistical processes.

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