Census Information Legislation Amendment Act 2000

Administered by Department of the Treasury

Legislation au C2004A00622 In force Act

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Census Information Legislation Amendment Act 2000

 

No. 30, 2000

 

 

 

 

Census Information Legislation Amendment Act 2000

 

No. 30, 2000

 

 

 

 

An Act to amend the Census and Statistics Act 1905 and the Archives Act 1983 in relation to the 2001 Census, and for other purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendments relating to the 2001 Census

Archives Act 1983

Census and Statistics Act 1905

Schedule 2—Amendments to change the name of the Archives

Archives Act 1983

 

Census Information Legislation Amendment Act 2000

No. 30, 2000

 

 

 

An Act to amend the Census and Statistics Act 1905 and the Archives Act 1983 in relation to the 2001 Census, and for other purposes

[Assented to 19 April 2000]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Census Information Legislation Amendment Act 2000.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments relating to the 2001 Census

 

Archives Act 1983

1  Subsection 3(1) (before the definition of Archives)

Insert:

2001 Census information means information transferred to the custody of the Archives under section 8A of the Census and Statistics Act 1905.

2  After section 22A

Insert:

22B  2001 Census information

 (1) For the purposes of this Act, a record containing 2001 Census information is in the open access period after the end of the period of 99 years beginning on the 2001 Census day.

 (2) Subsection 3(7), and section 56, do not apply to records containing 2001 Census information.

 (3) In this section:

2001 Census day means the day appointed, under subsection 8(2) of the Census and Statistics Act 1905, as the Census day in the year 2001.

3  After section 30

Insert:

30A  Non‑disclosure of 2001 Census information

Non‑disclosure to another person

 (1) An Archives officer must not, at any time before a record containing 2001 Census information is in the open access period, divulge or communicate any of that information to another person (except to another Archives officer for the purposes of, or in connection with, the performance of that other officer’s duties under this Act).

Note: Section 70 of the Crimes Act 1914 creates an offence in relation to the disclosure of information by Commonwealth officers.

Non‑disclosure to a court or tribunal

 (2) A person who is or has been an Archives officer must not, at any time before a record containing 2001 Census information is in the open access period:

 (a) be required to divulge or communicate any of that information to a court or tribunal; or

 (b) voluntarily give any of that information in evidence in proceedings before a court or tribunal.

Section 58 has no effect on this section

 (3) Section 58 does not affect the operation of this section.

Definition

 (4) In this section:

Archives officer means the Director‑General or a member of the staff of the Archives.

Census and Statistics Act 1905

4  Section 3

Insert:

Archives means the National Archives of Australia mentioned in subsection 5(1) of the Archives Act 1983.

5  After section 8

Insert:

8A  Transfer of 2001 Census information to the Archives

  If:

 (a) a form is given to the Statistician or an authorised officer under section 10 in relation to the Census taken in the year 2001; and

 (b) a person has consented, in accordance with the form, to the information contained in the form being transferred to the custody of the Archives under this section;

the Statistician must transfer the information to the custody of the Archives in a form and manner agreed by the Statistician and the Director‑General of the Archives.

6  After section 19

Insert:

19A  Non‑disclosure of 2001 Census information to a court or tribunal

 (1) A person who is or has been the Statistician or an officer must not, at any time during the period of 99 years beginning on the 2001 Census day:

 (a) be required to divulge or communicate to a court or tribunal any information contained in a form that is given to the Statistician or an authorised officer under section 10 in relation to the Census taken in the year 2001; or

 (b) voluntarily give any of that information in evidence in proceedings before a court or tribunal.

 (2) In this section:

2001 Census day means the day appointed, under subsection 8(2), as the Census day in the year 2001.


Schedule 2—Amendments to change the name of the Archives

 

Archives Act 1983

1  Subsection 3(1) (definition of Archives)

Repeal the definition, substitute:

Archives means the National Archives of Australia mentioned in subsection 5(1).

2  Subsection 3(1) (definition of Council)

Repeal the definition, substitute:

Council means the National Archives of Australia Advisory Council mentioned in subsection 10(1).

3  Subsection 3(1) (definition of Director‑General)

Omit “Australian Archives”, substitute “National Archives of Australia”.

4  Part II (heading)

Repeal the heading, substitute:

Part II—Establishment, functions and powers of the National Archives of Australia

5  Subsection 5(1)

Omit “Australian Archives”, substitute “National Archives of Australia”.

Note: The heading to section 5 is altered by omitting “Australian Archives” and substituting “National Archives of Australia”.

6  Subsection 5(2)

Omit “Australian Archives”, substitute “National Archives of Australia”.

7  Subsection 7(1)

Omit “Australian Archives”, substitute “National Archives of Australia”.

8  Part IV (heading)

Repeal the heading, substitute:

Part IV—National Archives of Australia Advisory Council

9  Subsection 10(1)

Omit “Advisory Council on Australian Archives”, substitute “National Archives of Australia Advisory Council”.

Note: The heading to section 10 is replaced by the heading “National Archives of Australia Advisory Council”.

10  Subsection 24(3)

Omit “Australian”.

 

(9/00)


 

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 17 February 2000

Senate on 13 March 2000]

 

 

Overview

The Census Information Legislation Amendment Act 2000 was enacted by the Parliament of Australia to address specific issues concerning the management and disclosure of census information for the 2001 Census. This Act amends the Census and Statistics Act 1905 and the Archives Act 1983 to ensure that certain census data is appropriately safeguarded and managed in accordance with established legal frameworks. The primary objective is to specify the handling, storage, and disclosure of census information to ensure compliance with the 99-year confidentiality period mandated by law, thereby protecting personal data while facilitating access to historical census data once the confidentiality period has elapsed. The Act introduces provisions that detail the transfer of 2001 Census information to the custody of the Archives, outlines the conditions under which such information can be disclosed, and updates the terminology within the Archives Act 1983 to reflect the change in the name of the Archives from "Australian Archives" to "National Archives of Australia." This legislative amendment ensures that the legal provisions are aligned with the evolving administrative structure and the specific requirements for managing census data.

Scope and Application

The Census Information Legislation Amendment Act 2000, as enacted, amends the Census and Statistics Act 1905 and the Archives Act 1983 in relation to the 2001 Census. This Act applies to the Statistician, the Director-General of the Archives, and any officers involved in the administration of the Census and the handling of census information. It has a national reach as it pertains to Commonwealth legislation. The Act specifies that the 2001 Census information will be transferred to the custody of the Archives under certain conditions, and sets out the timeframes and restrictions for the disclosure of this information. Specifically, the Act mandates that the Statistician must transfer information to the Archives if the individual has consented, and it prohibits the disclosure of this information to another person or in court or tribunal proceedings until 99 years after the 2001 Census day. The Act also includes provisions that change the name of the Archives to the National Archives of Australia and modifies related definitions and headings in the Archives Act 1983.

Key Provisions

The Census Information Legislation Amendment Act 2000 (No. 30, 2000) primarily amends the Census and Statistics Act 1905 and the Archives Act 1983 in relation to the 2001 Census. Section 1 of the Act defines the scope and short title, while Section 2 specifies the commencement date as the day the Act receives Royal Assent. The key amendments are outlined in the schedules. Schedule 1 introduces provisions specific to the 2001 Census, and Schedule 2 updates the name of the Archives from "Australian Archives" to "National Archives of Australia." Under Schedule 1, Section 1 amends the Archives Act 1983 by inserting a definition for "2001 Census information" and specifying that records containing such information enter the open access period after 99 years from the 2001 Census day (Section 22B). It also clarifies that certain subsections and sections do not apply to 2001 Census information (Section 3(7) and Section 56). Section 30A mandates that Archives officers must not disclose 2001 Census information before the open access period and prohibits such disclosure to courts or tribunals (Section 30A(1) and (2)). It also explicitly states that Section 58 does not affect this prohibition (Section 30A(3)). Section 3 of Schedule 1 amends the Census and Statistics Act 1905 by defining "Archives" as the "National Archives of Australia." Section 4 introduces a new subsection, 8A, which requires the transfer of 2001 Census information to the Archives if a person consents to this transfer. Section 5 further mandates that the Statistician or officers must not disclose 2001 Census information to a court or tribunal within 99 years from the 2001 Census day (Section 19A(1)). The Act imposes obligations on Archives officers and Statisticians or officers to maintain the confidentiality of 2001 Census information. Archives officers are prohibited from disclosing such information to any person before the open access period, except in the course of their duties, and from disclosing it to courts or tribunals (Section 30A(1) and (2)). Similarly, Statisticians or officers are barred from divulging 2001 Census information to courts or tribunals within 99 years from the 2001 Census day (Section 19A(1)). These provisions ensure that the confidentiality of census data is maintained for a specified period, aligning with the legislative intent to protect personal information. Breach of these confidentiality requirements can lead to legal consequences. While the Act does not explicitly state the penalties for violating these provisions, Section 70 of the Crimes Act 1914 imposes penalties for the unauthorised disclosure of information by Commonwealth officers. The maximum penalties for such offences can include fines and imprisonment, depending on the severity of the breach and the discretion of the court. Non-compliance with these confidentiality requirements can therefore result in both civil and criminal liabilities for the individuals involved.

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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.