Census Information Legislation Amendment Act 2006

Administered by Department of the Treasury

Legislation au C2006A00010 In force Act

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No. 10, 2006

An Act to amend the Census and Statistics Act 1905, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments relating to Census information

Archives Act 1983

Census and Statistics Act 1905

Schedule 2—Other amendments

Census and Statistics Act 1905

Census Information Legislation Amendment Act 2006

No. 10, 2006

An Act to amend the Census and Statistics Act 1905, and for related purposes

[Assented to 23 March 2006]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Census Information Legislation Amendment Act 2006.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	23 March 2006
2. Schedules 1 and 2	The 28th day after the day on which this Act receives the Royal Assent.	20 April 2006

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Archives Act 1983

1 Subsection 3(1) (definition of 2001 Census information)

Repeal the definition.

2 Subsection 3(1)

Insert:

Census day has the meaning given by section 22B.

3 Subsection 3(1)

Insert:

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

4 At the end of subsection 3(7)

Add:

Note: Records containing Census information, and Cabinet notebooks, have different open access periods: see sections 22A and 22B.

5 Section 22B

Repeal the section, substitute:

22B Census information

(1) For the purposes of this Act, a record containing Census information from a particular Census is in the open access period for that Census if a period of 99 years has elapsed since the Census day for that Census.

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

(3) In this Act:

Census day, for a Census, means the day appointed, under subsection 8(2) of the Census and Statistics Act 1905, as the Census day for that Census.

6 Subsections 30A(1) and (2)

Omit “2001 Census information is in the open access period”, substitute “Census information from a Census is in the open access period for that Census”.

Note: The heading to section 30A is altered by omitting “2001”.

Census and Statistics Act 1905

7 Section 3

Insert:

Agency has the meaning given by section 19A.

8 Section 3

Insert:

Census day has the meaning given by section 19A.

9 Paragraph 8A(a)

After “2001”, insert “or a later year”.

Note: The heading to section 8A is altered by omitting “2001”.

10 Section 19A

Repeal the section, substitute:

19A Non‑disclosure of Census information

Non‑disclosure of Census information to Agencies

(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 Census day for a Census:

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

(b) voluntarily give such information to an Agency;

other than in accordance with this Act.

Non‑disclosure of Census information to a court or tribunal

(2) 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 Census day for a Census:

(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 that Census; or

(b) voluntarily give such information in evidence in proceedings before a court or tribunal.

Definitions

(3) In this Act:

Agency has the meaning given by section 7 of the Public Service Act 1999.

Census day, for a Census, means the day appointed, under subsection 8(2), as the Census day for that Census.

Schedule 2—Other amendments

Census and Statistics Act 1905

1 Subsection 13(1)

Omit “by instrument in writing,”, substitute “by legislative instrument,”.

2 Subsections 13(4) and (5)

Repeal the subsections.

3 Sections 14 and 15

Repeal the sections, substitute:

14 Failure to answer questions etc.

(1) A person commits an offence if:

(a) the person is served a direction under subsection 10(4) or 11(2); and

(b) the person fails to comply with the direction.

Penalty: One penalty unit.

(2) Subsection (1) is an offence of strict liability.

Note 1: For strict liability, see section 6.1 of the Criminal Code.

Note 2: A person commits an offence in respect of each day until the person complies with the direction (see section 4K of the Crimes Act 1914).

(3) Subsection (1) does not apply in relation to a person’s failure to answer a question, or to supply particulars, relating to the person’s religious beliefs.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

15 False or misleading statements or information

A person commits an offence if:

(a) the person:

(i) is required, requested or directed to fill up and supply particulars under subsection 10(2), (3) or (4); or

(ii) is requested or directed to answer a question under subsection 11(1) or (2); and

(b) the person makes a statement, either orally or in writing, or provides a document containing information, in connection with the requirement, request or direction; and

Penalty: 10 penalty units.

4 Section 19

Repeal the section, substitute:

19 Secrecy

(1) A person commits an offence if:

(a) the person is, or has been, the Statistician or an officer; and

(b) the person, either directly or indirectly, divulges or communicates to another person (other than the person from whom the information was obtained) any information given under this Act.

Penalty: 120 penalty units or imprisonment for 2 years, or both.

(2) Subsection (1) does not apply if the person divulges or communicates the information:

(a) in accordance with a determination under section 13; or

(b) for the purposes of this Act.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

(3) A person commits an offence if:

(a) the person gives an undertaking of a kind mentioned in paragraph 13(2)(c), in relation to information disclosed to the person in accordance with a determination; and

(b) the person fails to comply with the undertaking.

Penalty: 120 penalty units or imprisonment for 2 years, or both.

5 Section 20

Omit “subsection 19(2)” (wherever occurring), substitute “section 19”.

[Minister’s second reading speech made in—

House of Representatives on 3 November 2005

Senate on 7 December 2005]

(170/05)

Overview

The Census Information Legislation Amendment Act 2006, enacted by the Parliament of Australia, is an amendment to the Census and Statistics Act 1905, aiming to address the evolving needs of census data confidentiality and accessibility over time. This Act introduces changes to the definition and handling of census information, ensuring the information remains confidential for 99 years from the census day. The primary objective of this legislation is to modernise the legal framework surrounding census information, ensuring that it remains relevant and secure while facilitating its eventual public release. The Act specifies that census information is defined as any information transferred to the Archives under the Census and Statistics Act 1905. It mandates that such information must not be disclosed to agencies or courts for 99 years following the census day. This legislative amendment ensures that the confidentiality of personal census data is maintained, protecting individuals' privacy while providing a clear timeline for the eventual release of this data for public and research purposes. The Act also updates the penalties and offences related to the improper handling or disclosure of census information, reinforcing the importance of data security and integrity.

Scope and Application

The Census Information Legislation Amendment Act 2006 amends the Census and Statistics Act 1905 to update and refine the legislative framework governing census data. The Act applies to individuals and entities involved in the collection, processing, and dissemination of census information, including the Statistician, authorised officers, and any agencies or courts that might seek access to such data. The amendments cover both the confidentiality of census information and the penalties for breaches of this confidentiality. The Act applies nationally across Australia, as it is a Commonwealth Act. The amendments do not specify exclusions or exemptions but rather tighten the conditions under which census information can be disclosed, ensuring that such information remains confidential for 99 years after the census date. The Act also extends its application through subordinate instruments, which may further define the scope and enforcement of the provisions.

Key Provisions

The Census Information Legislation Amendment Act 2006 (No. 10, 2006) amends the Census and Statistics Act 1905, introducing significant changes to the handling and confidentiality of census information. Sections 1 to 3 of the Act commenced on the day of Royal Assent, 23 March 2006, while the schedules, which contain the amendments to other Acts, came into effect on 20 April 2006. These amendments primarily concern the confidentiality of census data, its transfer to the Archives, and the penalties associated with breaches of this confidentiality. The Act imposes several obligations on parties involved in the census process. It mandates that census information, defined as information transferred to the Archives under section 8A of the Census and Statistics Act 1905, must not be disclosed to agencies or courts for 99 years following the census day. This is detailed in section 19A, which replaces the previous section 19 regarding the non-disclosure of census information. This amendment ensures that census data remains confidential and cannot be used for purposes other than those specified by the Act. Furthermore, the Act sets out specific obligations for the Statistician and officers who handle census information. They are prohibited from divulging or communicating census information to agencies or courts during the 99-year confidentiality period. Failure to comply with these obligations can result in significant legal consequences. The Act also modifies the Archives Act 1983 to reflect the updated definition of census information and its open access period. The Act introduces specific offences and penalties for breaches of its provisions. For instance, section 14 establishes an offence for failing to comply with a census direction, with a penalty of one penalty unit. Section 15 creates an offence for providing false or misleading statements or information in connection with census requirements, with a penalty of 10 penalty units. Additionally, section 19 sets out an offence for the Statistician or an officer disclosing census information to unauthorised parties, carrying a penalty of up to 120 penalty units or imprisonment for two years, or both. These provisions underscore the importance of maintaining the confidentiality and integrity of census data. In summary, the Census Information Legislation Amendment Act 2006 reinforces the protection of census information, imposes stringent confidentiality obligations on those handling such data, and delineates clear penalties for breaches of these obligations. The amendments ensure that census data remains secure and is used solely for statistical purposes, as intended by the legislation.

Area of Law: Privacy Law; Statistics Law
Instrument: Act
Concepts: Commencement Provisions; Offence Provisions; Definitions & Interpretation; Secrecy

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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.

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