Census and Statistics Regulations

Overview

The Statutory Rules of 1912, No. 184, titled "Regulation under the Census and Statistics Act 1905", was enacted to address the need for more systematic and timely collection of housing data from house agents. This legislative instrument was introduced by the Governor-General in Council, acting on the advice of the Federal Executive Council, and came into operation immediately upon its enactment. The regulation was intended to streamline the reporting process by requiring house and estate agents to furnish quarterly returns of house rents. This was to ensure that the Commonwealth Statistician received timely and comprehensive data on housing, which was essential for informed policy making and economic analysis. The regulation superseded an earlier provisional regulation, aiming to provide a more structured approach to data collection.

Scope and Application

The Statutory Rules of 1912, No. 184, enacted under the Census and Statistics Act 1905, mandates that every individual engaged in the business of house or estate agency must provide specific information on a quarterly basis to the Statistician. This obligation applies to anyone managing such a business, including those who serve as managers, clerks, or agents on behalf of the business owner. The required data pertains to house rents, with the information to be submitted within certain deadlines following the 14th of February, 15th of May, 15th of August, and 15th of November each year. This legislative instrument establishes a standardised form for these returns, which must be filled out according to the accompanying instructions and signed before being sent to the Statistician. This regulation is effective nationally and replaces a previous provisional regulation, ensuring that the collection of housing statistics is systematic and comprehensive across the Commonwealth.

Key Provisions

The Regulation under the Census and Statistics Act 1905, detailed in Statutory Rules 1912 No. 184, sets forth requirements for house and estate agents regarding the submission of quarterly returns of house rents. Section 1(1) mandates that every individual or entity operating as a house or estate agent must provide the specified particulars in a prescribed form at designated times—14th February, 15th May, 15th August, and 15th November of each year. These returns must be submitted within the time frames dictated by the Statistician. Section 1(2) further stipulates that the prescribed form should be filled in accordance with the provided instructions, signed by the person in charge, and sent to the Statistician, either by post or another method. Section 1(3) clarifies that anyone in charge of such a business, whether as a manager, clerk, or agent for the owner, is considered a person carrying on the business of a house or estate agent. Section 1(4) outlines the format of the prescribed return form, which includes details such as the town, state, district or suburb, office number, and the weekly rents for various types of houses, including the number of rooms and construction materials. The obligations imposed by this Regulation are primarily on house and estate agents. They must ensure that they submit accurate and timely quarterly returns of house rents. This includes filling out the prescribed form correctly, adhering to the instructions provided, and ensuring the form is signed and transmitted to the Statistician. The Regulation ensures that any person in charge of a business of this nature is subject to these requirements, reinforcing accountability across managerial and operational roles within the business. There are no explicit provisions within the Regulation itself detailing offences, penalties, or consequences for non-compliance. However, the overarching Census and Statistics Act 1905, under which this Regulation is made, likely includes provisions that allow for enforcement actions, including fines or other penalties for failing to comply with the requirements set forth in the Regulation. While the specific penalties are not detailed in the Regulation, they would typically be addressed in the parent Act or in further legislative instruments.