Census and Statistics Regulations (Provisional)

Overview

The Statutory Rules 1909, No. 60, under the Census and Statistics Act 1905, was enacted in 1909 to facilitate the immediate implementation of provisional regulations concerning the use of statistical information for state purposes. The regulation was introduced by the Governor-General in Council, on the advice of the Federal Executive Council, due to its urgency. It was designed to address the need for states to utilise statistical data obtained during the census process for their own statistical purposes, while ensuring the privacy and confidentiality of individual and business information. The policy objective is to support state-level statistics without compromising the personal and proprietary data collected during the census. The enactment body, the Governor-General in Council, asserts that state officers executing powers or duties under the Census and Statistics Act 1905 may use statistical information for state statistics, provided the confidentiality of individual and business data is maintained. This regulation aims to balance the dual requirements of facilitating state-specific statistical analysis and protecting sensitive information from public disclosure or unauthorised use.

Scope and Application

This statutory rule, enacted as a Provisional Regulation under the Census and Statistics Act 1905, applies to any State Officer who exercises a power or duty under that Act. These officers are permitted to use any statistical information they obtain in the execution of their duties for state statistical purposes, subject to the condition that they do not disclose particulars of the business or financial position of any individual, firm, corporation, or aggregate regarded as an individual for statistical purposes. The rule is designed to ensure that while statistical information can be utilised for state purposes, the privacy and confidentiality of individual and corporate information must be maintained, and no such information can be made public or shared outside the State's Statistical Office. This regulation does not specify exclusions or exemptions beyond these conditions, and its application is immediate due to the urgency cited in the text.

Key Provisions

The main operative sections of this Provisional Regulation under the Census and Statistics Act 1905 (section 1) allow State officers who are executing powers or duties under the Act to utilise statistical information for State statistics, provided that certain conditions are met. Specifically, this can occur if there is no contrary arrangement in place under section 6 of the Act (section 2(1)). It is crucial that this information is not made public or shared with individuals outside the Statistical Office of the State, to ensure that the privacy and confidentiality of the business or financial details of individuals, firms, corporations, or aggregates of persons are not compromised (section 2(2)). The obligations and requirements imposed by this Act on the parties it governs are primarily centred around the responsible and confidential use of statistical information. State officers must ensure that they do not disclose any personal or sensitive information that could potentially reveal the business or financial status of an individual, firm, corporation, or aggregate of persons. They must adhere strictly to the conditions outlined in section 2 of the Regulation, which mandates that the information be utilised solely for State statistics and kept within the confines of the Statistical Office of the State. This ensures that the integrity and confidentiality of the data collected under the Census and Statistics Act 1905 is maintained. Failure to comply with the provisions of this Regulation could result in serious consequences, including both criminal and civil penalties. Although the specific penalties are not detailed in the text provided, breaches of confidentiality and improper disclosure of personal or sensitive information are typically subject to substantial fines and, in some cases, imprisonment. The seriousness of these potential penalties underscores the importance of adhering to the strict guidelines set forth in the Regulation to protect the privacy and security of the information collected under the Census and Statistics Act 1905.