Census and Statistics (Population and Housing) Amendment Notice 2026
I, David Gruen, Australian Statistician, make the following notice.
Dated 2 April 2026
Dr David Gruen AO
Australian Statistician
Australian Bureau of Statistics
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Census and Statistics (Population and Housing) Notice 2016
1 Name
This instrument is the Census and Statistics (Population and Housing) Amendment Notice 2026.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Census and Statistics Act 1905.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Census and Statistics (Population and Housing) Notice 2016
1 Subsection 6(2)
Omit “Section 5”, substitute “Subject to subsection (3), section 5”.
2 At the end of section 6
Add:
(3) For the purposes of subsection (2), disregard the effect of the exemption from the requirements relating to completing or providing a passenger card in subregulation 3.03AB(1) of the Migration Regulations 1994.
Note: Subregulation 3.03AB(1) of the Migration Regulations 1994 provides an exemption from requirements to complete or provide a passenger card where an Australia Travel Declaration is submitted.
Overview
The Census and Statistics (Population and Housing) Amendment Notice 2026, issued under the authority of the Census and Statistics Act 1905, was enacted to address gaps in the data collection process for the Australian population and housing census. This notice, created by David Gruen, the Australian Statistician of the Australian Bureau of Statistics, seeks to ensure that all relevant data is accurately collected and reported, thereby enhancing the reliability and comprehensiveness of the census data. It specifically aims to refine the data collection process by amending the Census and Statistics (Population and Housing) Notice 2016, ensuring that certain exemptions, such as those related to passenger cards under the Migration Regulations 1994, do not hinder the accurate reporting of population data. The overarching policy objective is to maintain the integrity and precision of Australia's census data, which is crucial for policy-making and resource allocation.
Scope and Application
The Census and Statistics (Population and Housing) Amendment Notice 2026, issued by Dr. David Gruen AO, the Australian Statistician, amends the Census and Statistics (Population and Housing) Notice 2016 under the authority of the Census and Statistics Act 1905. This notice commences on the day following its registration and affects the requirements for completing or providing passenger cards in relation to census data collection, specifically excluding the exemption provided under subregulation 3.03AB(1) of the Migration Regulations 1994. The amendments are aimed at ensuring that all relevant data is captured comprehensively for population and housing statistics, thereby enhancing the accuracy and reliability of the census data. The notice applies nationally, covering all individuals and entities involved in the census process within Australia, and its scope is further extended or restricted through subordinate instruments as necessary.
Key Provisions
The Census and Statistics (Population and Housing) Amendment Notice 2026 (referred to as the Notice) amends the Census and Statistics (Population and Housing) Notice 2016. Specifically, the amendment is to Subsection 6(2) where "Section 5" is omitted and replaced with "Subject to subsection (3), section 5". Additionally, a new Subsection (3) is added to Section 6, which clarifies that for the purposes of Subsection (2), the exemption from completing or providing a passenger card as outlined in subregulation 3.03AB(1) of the Migration Regulations 1994 should be disregarded. This amendment is effective from the day after the Notice is registered.
Under the Census and Statistics Act 1905, the Notice imposes certain obligations on the Australian Bureau of Statistics (ABS) and other entities involved in the census and statistics processes. Primarily, the ABS must ensure that all data collection activities comply with the amended provisions, particularly in relation to the exemption outlined in subregulation 3.03AB(1) of the Migration Regulations 1994. This means that all individuals, regardless of whether they are exempt from providing a passenger card, must still complete or provide the required census documentation. The ABS is also responsible for implementing any necessary changes to their data collection systems and procedures to reflect the amendments made by the Notice.
The Notice does not explicitly outline specific offences or penalties for non-compliance; however, any breaches of the Census and Statistics Act 1905 could result in legal consequences. The Act generally provides for offences such as providing false or misleading information, which can attract penalties. The maximum penalties for such offences can include fines and, in some cases, imprisonment. It is essential for the ABS and related entities to adhere to the legislative requirements to avoid any potential legal repercussions.
In summary, the Census and Statistics (Population and Housing) Amendment Notice 2026 amends the 2016 Notice to clarify the application of census requirements to individuals exempt from certain migration regulations. The ABS and other relevant entities must ensure compliance with these amended provisions, which may involve updating their data collection processes. While the Notice itself does not specify penalties, non-compliance with the underlying Act could lead to significant legal consequences, including fines and imprisonment.