Census and Statistics (Population and Housing) Notice 2016

Census and Statistics (Population and Housing) Notice 2016

made under the Census and Statistics Act 1905

Compilation No. 1

Compilation date: 10 April 2026

Includes amendments: Census and Statistics (Population and Housing) Amendment Notice 2026

Prepared by The Treasury

About this compilation

This compilation

This is a compilation of the Census and Statistics (Population and Housing) Notice 2016 that shows the text of the law as amended and in force on 10 April 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1  Name 

3  Authority

4  Definitions

Part 2—Persons required to supply statistical information

5  Persons who must be included on a Census form

6  Exception for certain visitors to Australia

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This is the Census and Statistics (Population and Housing) Notice 2016.

3  Authority

  This instrument is made under subsection 10(2) of the Census and Statistics Act 1905.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) authorised officer;

(b) Bureau;

(c) Census day;

(d) Statistician.

In this instrument:

Act means the Census and Statistics Act 1905.

Australia, when used in a geographical sense, includes:

 (a) Norfolk Island; and

 (b) the Territory of Christmas Island; and

 (c) the Territory of Cocos (Keeling) Islands.

Australian citizen has the meaning given by the Australian Citizenship Act 2007.

Australian permanent resident has the meaning given by the Migration Regulations 1994.

Census night means the night of the Census day for a Census.

occupier, in relation to a private dwelling, includes a tenant or resident owner of the dwelling but does not include a non‑resident owner.

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; or

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

required details means:

 (a) for a person—the details that the person is required to include in a Census Household Form or Census Personal Form by the instructions given in the form; or

 (b) for a private dwelling—the details that an occupier of the dwelling is required to include in a Census Household Form by the instructions given in the form.

residential institution includes a hospital, nursing home, school, university, college, orphanage, house of refuge, prison or other penal or corrective institution.

Part 2—Persons required to supply statistical information

5  Persons who must be included on a Census form

 (1) A person who is in Australia at midnight on Census night must either:

 (a) ensure that the person’s required details are included in a Census Household Form for the dwelling in which the person spends Census night and that the completed form is given to the Statistician or an authorised officer in accordance with the instructions contained in, or accompanying, the form; or

 (b) complete a Census Personal Form with the person’s required details and ensure that the completed form is given to the Statistician or an authorised officer in accordance with the instructions contained in, or accompanying, the form.

Example 1: A person who spends Census night in a private dwelling may complete a Census Personal Form if he or she chooses not to provide his or her required details to the person who completes a Census Household Form for that dwelling.

Example 2: A person who spends Census night in a private dwelling may complete a Census Personal Form if he or she is unable to have his or her required details included in the Census Household Form for that dwelling because there is insufficient room on the form.

Example 3: A person who spends Census night in a hotel or motel instead of in a private dwelling may complete a Census Personal Form.

 (2) Except under paragraph (4)(d), details in relation to a person may be included on a Census Household Form only if the person spends Census night in that dwelling.

Example 1: Details in relation to a person who lives in more than one dwelling may only be included on the Census Household form for the dwelling in which the person spends Census night.

Example 2: Details in relation to a person who is living at a residential institution (such as a school, nursing home or prison) rather than the person’s family home on Census night may only be included on a Census Personal Form completed at the residential institution.

 (3) If:

 (a) a person:

 (i) is an occupier of a private dwelling; and

 (ii) spends Census night in that dwelling; and

 (b) no other occupier of that dwelling completes a Census Household Form for the dwelling;

the person must complete a Census Household Form for the dwelling (by including in the form the information specified in subsection (4)) and give the completed form to the Statistician or an authorised officer in accordance with the instructions contained in, or accompanying, the form.

Note: If 2 or more persons are occupiers of a private dwelling, one of them must complete a Census Household Form for the dwelling.

 (4) For subsection (3), the required information is:

 (a) the person’s required details; and

 (b) the required details for the dwelling; and

 (c) the required details for any other person who:

 (i) spends Census night in the dwelling; and

 (ii) does not complete a Census Personal Form with his or her required details; and

 (d) the required details for any person who:

 (i) usually lives in the dwelling; and

 (ii) is absent from the dwelling on Census night.

6  Exception for certain visitors to Australia

 (1) Section 5 does not apply to a person who:

 (a) is not an Australian citizen or an Australian permanent resident; and

 (b) at midnight on Census night, is:

 (i) the head of a diplomatic mission or consular post of an overseas country established in Australia; or

 (ii) a member of the staff of a diplomatic mission or consular post; or

 (iii) a member of the family of a person mentioned in subparagraph (i) or (ii) who lives in the same dwelling as that person (whether or not the person spends Census night in that dwelling).

 (2) Subject to subsection (3), section 5 does not apply to a visitor to Australia who was not required, on entry into Australia, to complete a passenger card under Division 3.1 of the Migration Regulations 1994.

 (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.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history