EXPLANATORY STATEMENT
Issued by the authority of the Assistant Treasurer
Census and Statistics Act 1905
Proclamation appointing Census day
Subsection 8(1) of the Census and Statistics Act 1905 (the Act) provides that the Census shall be taken in the year 1981 and every fifth year thereafter, and at such other times as are prescribed. Thus the next National Census is to be conducted in 2011.
Subsection 8(2) of the Act requires that the Census day shall be appointed for that purpose by proclamation.
The purpose of the Proclamation is to appoint the Census day for the 2011 Census. The previous Census, held in 2006, was conducted on 8 August 2006. To maintain comparability of the time series data it is important that the 2011 Census be conducted as close as possible to that date. The Census also needs to avoid school holidays to ensure as full coverage as possible of persons in their usual place of residence.
Thus, the Proclamation has appointed 9 August 2011 as the day on which the 2011 Census will be taken.
The Act specifies no conditions that need to be satisfied before the power to make the Proclamation may be exercised.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
In February 2008, the Australian Statistician announced that the 2011 Census would be conducted on a comparable basis to the 2006 Census due to budgetary pressures. As a consequence of this decision, the public consultation process that had been underway was withdrawn.
The ABS values the support of the nation in conducting the five yearly Census of Population and Housing and will consider all submissions received for the 2011 Census as part of the preparations for the 2016 Census. The ABS will invite further comment at that time.
Overview
The Proclamation appointing Census day is an instrument made under the Census and Statistics Act 1905. The Act was enacted to facilitate the collection of census data and other statistics, aiming to provide accurate and timely information for various governmental and research purposes. The 1905 Act stipulates that a national census must occur in the year 1981 and every fifth year thereafter, with the most recent being the 2011 Census. The purpose of the Proclamation is to designate a specific date for the 2011 Census, ensuring its alignment with the previous 2006 Census to maintain data comparability and avoiding school holidays to maximize residential coverage. The chosen date, 9 August 2011, was determined to meet these criteria effectively.
Scope and Application
The Census and Statistics Act 1905 applies to the Australian government's requirement to conduct a national census of population and housing every five years, with additional censuses prescribed by proclamation. This Act outlines the legal framework for the collection of census data, which is fundamental for various national and regional planning, funding allocations, and policy development purposes. The Act applies to all persons and entities within Australia, as it mandates the collection of comprehensive data across various demographic, economic, and social metrics. The geographic reach of this Act is nationwide, encompassing all states, territories, and jurisdictions within Australia. The Act does not specify exclusions, exemptions, or thresholds, but the implementation of the census is subject to the rules and regulations set out by the Australian Bureau of Statistics (ABS). The proclamation appointing the Census day, such as the one for the 2011 Census, is an instrument that extends the application of the Act by setting specific dates for census activities. This legislative instrument is subject to the Legislative Instruments Act 2003, which governs the creation and operation of such subordinate legislation.
Key Provisions
The key operative sections of the Proclamation appointing Census day under the Census and Statistics Act 1905 (the Act) are primarily found in subsection 8(1) and subsection 8(2). Subsection 8(1) stipulates that the Census is to be taken every fifth year, with the next National Census scheduled for 2011. Subsection 8(2) mandates that the Census day must be appointed by proclamation. In line with these provisions, the Proclamation has been issued to designate 9 August 2011 as the day for the 2011 Census, ensuring comparability with the 2006 Census and avoiding school holidays for better coverage.
The Act imposes several obligations on the relevant parties. Firstly, it requires the Australian Statistician to conduct the Census in accordance with the stipulated schedule. This includes appointing a specific Census day through a proclamation, as outlined in subsection 8(2). Additionally, the proclamation must be issued in a manner that ensures the Census is conducted as close as possible to the previous Census date, and it should avoid significant school holidays to enhance the accuracy and completeness of the data collected.
Failure to comply with the provisions of the Act and the terms of the Proclamation could lead to various consequences. Although the Act does not specify particular offences or penalties for non-compliance, any breaches may impact the integrity and comparability of the Census data. The importance of adhering to the appointed Census day is underscored by the need for consistent and reliable data collection, which is critical for policy-making and planning at both governmental and non-governmental levels. Non-compliance could also result in administrative penalties or legal actions if it affects the statutory duties of the Australian Statistician or the Australian Bureau of Statistics (ABS).