Census and Statistics (Statistical Information) Direction 2017

Administered by Department of the Treasury

Legislation au F2017L01006 In force Legislative Instrument

Legislation content

Census and Statistics (Statistical Information) Direction 2017

made under paragraph 9(1)(b) of the

Census and Statistics Act 1905

Compilation No. 1

Compilation date:    17 August 2017

Includes amendments up to: F2017L01041

 

Registered:    17 August 2017 

About this compilation

This compilation

This is a compilation of the Census and Statistics (Statistical Information) Direction 2017 that shows the text of the law as amended and in force on 17 August 2017 (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 Legislation 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 series page on the Legislation 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 series page on the Legislation Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1 Name

2 Authority

3 Collection of statistics

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This is the Census and Statistics (Statistical Information) Direction 2017.

2  Authority

  This direction is given under paragraph 9(1)(b) of the Census and Statistics Act 1905 (the Statistics Act).

3  Collection of statistics

 (1) The Statistician is to collect the following statistical information in relation to matters prescribed for the purposes of section 9 of the Statistics Act (in particular, one or more of items 5, 30 and 38 in the table in regulation 13 of the Census and Statistics Regulation 2016):

 (a) statistical information about the proportion of electors who wish to express a view about whether the law should be changed to allow samesex couples to marry (participating electors);

 (b) statistical information about the proportion of participating electors who are in favour of the law being changed to allow samesex couples to marry;

 (c) statistical information about the proportion of participating electors who are against the law being changed to allow samesex couples to marry.

 (2) The statistical information is to include information about participating electors at the national level, at the level of each State and Territory, and at the level of each electoral division.

 (3) In relation to the statistical information identified, the Statistician is to publish the results to which section 12 of the Statistics Act refers on or before 15 November 2017.

 (4) In this section:

elector means a person who, at the end of 24 August 2017:

 (a) is an elector as defined by subsection 4(1) of the Commonwealth Electoral Act 1918, meets the requirements of paragraphs 93(1)(a) and (b) of that Act, and is not a person to whom subsection 93(8AA) of that Act applies; or

 (b) has made a claim or application for enrolment that is in order, is entitled to and qualified for enrolment, meets the requirements of paragraphs 93(1)(a) and (b) of that Act, and is not a person to whom subsection 93(8AA) of that Act applies.

 

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Census and Statistics (Statistical Information) Direction 2017

9 Aug 2017 (F2017L01006)

10 Aug 2017

 

Census and Statistics (Statistical Information) Amendment Direction 2017

16 Aug 2017 (F2017L01041)

17 Aug 2017

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 3.....................

am F2017L01041

 

 

Overview

The Census and Statistics (Statistical Information) Direction 2017 was enacted to address the need for comprehensive statistical data regarding the public's opinion on the legalisation of same-sex marriage. This legislative instrument was issued under the authority of the Census and Statistics Act 1905 and mandates the Australian Bureau of Statistics to collect and publish specific statistical information by 15 November 2017. The direction specifies the collection of data on the proportion of electors who wish to express a view on whether the law should be altered to permit same-sex couples to marry, and the views of those electors who participate. This data is to be gathered and reported at the national, state, and electoral division levels. The policy objective behind this direction is to provide empirical data to inform public discourse and decision-making on the issue of same-sex marriage legislation. The direction was issued by the Australian Government, under the authority delegated by the Parliament of Australia, to ensure that the statistical information gathered is comprehensive and accurately reflects the views of the electorate. The enacting body responsible for this direction is the Australian Bureau of Statistics, which operates under the direction of the Statistician, as stipulated in the Census and Statistics Act 1905. The legislative instrument aims to facilitate an informed and evidence-based approach to the legislative review process.

Scope and Application

The Census and Statistics (Statistical Information) Direction 2017 applies to the collection of specific statistical information regarding the views of electors on changing the law to allow same-sex couples to marry. The direction mandates the Statistician to gather data on the proportion of participating electors expressing views on this issue, the proportion in favour and against the law change, and to publish the results by 15 November 2017. This direction is made under the authority of the Census and Statistics Act 1905 and applies nationally, at the state and territory levels, and within each electoral division. The direction specifies that an elector is someone who meets the eligibility criteria set out in the Commonwealth Electoral Act 1918 and is not disqualified under that Act. There are no stated exclusions or thresholds within the direction itself, but the scope and specifics of the statistical information collected are defined by the terms of the direction and the referenced acts.

Key Provisions

The Census and Statistics (Statistical Information) Direction 2017 (the Direction) mandates the Statistician to collect and publish specific statistical information related to the views of electors regarding a change in the law to allow same-sex couples to marry (section 3(1)). The information must cover the proportion of electors expressing a view, those in favour of the change, and those against it, at the national, state, territory, and electoral division levels (section 3(2)). The results of this collection are required to be published by 15 November 2017 (section 3(3)). The definition of "elector" is expanded to include not only those who are currently enrolled but also those who have made a valid claim or application for enrolment by the specified date (section 3(4)). The Direction imposes a clear obligation on the Statistician to undertake this statistical collection and ensure the timely publication of the results. It delineates the scope and detail of the information to be gathered and mandates the inclusion of electors at multiple geographical levels. The Direction also specifies the timeframe within which the results must be published, ensuring that the information is made available within a defined period. The Direction does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, non-compliance with the obligations set out in the Census and Statistics Act 1905, under which this Direction is issued, could potentially lead to legal consequences, including fines or other penalties as stipulated in the primary Act. The exact nature and extent of these consequences would depend on the provisions of the primary Act and any relevant case law.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.