Census Regulations 1910 (Provisional)

Legislation au C1910L00096 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1910. No. 96.

 

PROVISIONAL REGULATIONS UNDER THE CENSUS AND STATISTICS ACT 1905.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following regulations under the Census and Statistics Act 1905 should come into immediate operation, and make the regulations to come into operation forthwith as Provisional Regulations.

Dated the 27th day of October, One thousand nine hundred and ten.

DUDLEY,

Governor-General.

By His Excellency’s Command,

KING O’MALLEY,

Minister of State for Home Affairs.

 

CENSUS REGULATIONS.

short title.

1. These Regulations may be cited as the Census Regulations 1910.

state supervisors.

2.—(1.) For each State there shall be an officer called the State Supervisor who shall, subject to the directions of the Commonwealth Statistician, be charged with the duty of taking all necessary steps for the taking and collection of the Census in the State in which he acts.

(2.) The State Supervisor shall be appointed by the Minister on the recommendation of the Commonwealth Statistician, and shall hold office during the pleasure of the Minister.

census districts.

3.—(1.) The Commonwealth Statistician shall divide each State into as many Census Districts as he thinks necessary.

(2.) It shall not be necessary to define specifically the boundaries of any Census District, but a general indication of the locality intended to be included in a Census District shall be sufficient.

enumerators.

4.—(1.) For each Census District there shall be an officer called an Enumerator who shall, in relation to that District, carry out such duties in connexion with the taking and collection of the Census as are imposed on him by the Census and Statistics Act 1905 or these regulations, or as are assigned to him by his instructions, or by the State Supervisor.

(2.) Each Enumerator shall be appointed by the State Supervisor for the State, but his appointment shall be subject to confirmation by the Minister.

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(3.) Each Enumerator shall hold office during the pleasure of the Minister, but not for longer than is necessary to finish the work for which he is appointed.

(4.) Each Enumerator shall be paid such remuneration as the Minister approves.

undertaking by enumerator.

5. Each Enumerator shall, before his appointment or before he commences duty, sign, in the presence of a witness, an undertaking in accordance with the following form:—

Commonwealth of Australia.

The Census and Statistics Act 1905.

undertaking by enumerator.

I, of , undertake, in connection with the taking of the Census in the year 1911, that I will faithfully perform the duties of Enumerator under the Census Regulations within the Census District              in the State of              , and will carry out, in every particular, all instructions supplied to me by the Commonwealth Statistician or by the State Supervisor for the said State, and that I will not desert from my duty, and will not refuse or neglect, without just excuse, to perform the duties of the office of Enumerator.*

Signature..........................

Date.............................

Witness..........................

Address of witness..................

...........................

*Note.—Under section 22 of the Census and Statistics Act 1905, an officer who, after having taken the prescribed declaration, deserts from his duty or refuses or wilfully neglects, without just excuse, to perform the duties of his office, is liable to a penalty not exceeding Twenty pounds.

collectors.

6.—(1.) For each Census District there shall be so many Collectors as the Commonwealth Statistician thinks necessary.

(2.) Each Collector shall be appointed by the Enumerator for the Census District, subject to the approval of the Commonwealth Statistician.

(3.) Each Collector shall hold office during the pleasure of the Commonwealth Statistician, but not longer than is necessary to finish the work for which he is appointed.

(4.) Each Collector shall be paid such remuneration as the Minister approves.

(5.) If in an emergency an Enumerator appoints any person to act as a Collector, such person shall be deemed a Collector if the appointment is ratified by the Commonwealth Statistician.

(6.) Each Collector shall act under the directions of the Enumerator for the Census District, and shall carry out such duties as are imposed on him by the Census and Statistics Act 1905 and the Regulations thereunder, and shall obey all lawful directions and instructions given him by or through such Enumerator.


undertaking by collector.

7. Each Collector shall, before his appointment or before he commences duty, sign, in the presence of a witness, an undertaking in accordance with the following form:—

Commonwealth of Australia.

The Census and Statistics Act 1905.

undertaking by collector.

I, of , undertake, in connection with the taking of the Census in the year 1911, that I will faithfully perform the duties of Collector under the Census Regulations within the Census District              in the State of              , and will carry out, in every particular, all instructions supplied to me by the Commonwealth Statistician, or by the State Supervisor for the said State, or by the Enumerator for the Census District, and that I will not desert from my duty, and will not refuse or neglect, without just excuse, to perform the duties of the office of Collector.*

Signature..........................

Date.............................

Witness..........................

Address of witness...............................

*Note.—Under section 22 of the Census and Statistics Act 1905, an officer who, after having taken the prescribed declaration, deserts from his duty or refuses or wilfully neglects, without just excuse, to perform the duties of his office, is liable to a penalty not exceeding Twenty pounds.

householder’s schedule.

..............................

8.—(1.) The Householder’s Schedule shall consist of a Householder’s Card, and a Personal Card for each person of the household.

(2.) The Householder’s Card and the Personal Card shall be in accordance with such forms as the Commonwealth Statistician thinks fit.

(3.) The Householder’s Schedule shall, in addition to the particulars specified in section 12 of the Act, include the following:—

(a) in relation to buildings—the nature of the building, whether the occupier is the owner, tenant, or rent purchaser, the amount of weekly rent payable or rental value per week;

(b) in relation to persons—the race to which they belong, the number of their children living or dead from any existing or previous marriage, the dates of their arrivals in Australia.

leaving of householder’s schedule.

9.—(1.) Each Collector shall, in accordance with his instructions, leave a Householder’s Schedule at each dwelling-house within the portion of the Census District for which he acts.

(2.) The Householder’s Schedule shall be left not earlier than seven days (except when in the discretion of the Enumerator for the Census District a longer period is required) and not later than two days before Census Day.

(3.) The Householder’s Schedule should be left with the occupier of the dwelling-house, but, if he or she is not in, with the person apparently in charge of the house. If no person is in, the Householder’s Schedule may be placed in a letter box, put under the door, or put in some other place where it is likely to come to the notice of the occupier.


duty of person (other than occupier) receiving householder’s schedule.

10. It shall be the duty of every person (other than the occupier) who receives a Householder’s Schedule, or to whose hands or notice a Householder’s Schedule has come, to deliver it or bring it to the notice of the occupier for whom it is intended.

Penalty: Five pounds.

dwelling-house let in separate parts.

11. Where a dwelling-house is let, sub-let, or held in different apartments, and occupied by different persons or families, a Householder’s Schedule shall be left for each occupier.

duty to fill in required particulars in the householder’s schedule.

12.—(1.) Under section 12 of the Act, it is the duty of the occupier of every dwelling to fill in the Householder’s Schedule, and to sign it, and deliver it to the Collector, and if he fails to carry out this duty he is liable to a penalty of Ten pounds.

(2.) It shall be the duty of each person who abides in a dwelling-house on the night of Census Day to fill in the particulars required on the Personal Card so far as relates to himself or herself, or to supply to the occupier all information necessary to enable him to fill in such particulars.

Penalty: Ten pounds.

householder’s schedules for ships.

13.—(1.) Householder’s Schedules in the case of ships shall be delivered to the Captain of the ship, who shall be deemed the occupier.

(2.) Where a ship is on a passage between any two Australian ports on Census Day, and no Householder’s Schedule was left with the Captain before Census Day, a Householder’s Schedule shall be left with the Captain forthwith after the arrival of the ship at a port.

(3.) The Captain shall, to the best of his knowledge, fill in the particulars required to be filled in in the Householder’s Schedule, and return it so filled in to the Collector or other person from whom he received it.

Penalty for breach of paragraph (3): Ten pounds.

(4.) It shall be the duty of each person who abides in a ship on the night of Census Day to fill in the particulars required on the Personal Card so far as relates to himself or herself, or to supply to the Captain of the ship all information necessary to enable him to fill in such particulars.

Penalty for breach of paragraph (4): Ten pounds.

householder’s schedules for persons not abiding in dwelling-houses.

14.—(1.) The Householder’s Schedule shall be left with each person who does not on the night of Census Day abide in any dwelling-house.

(2.) Every such person shall thereupon fill in in the Schedule such particulars as are applicable to him, and shall sign the Schedule, and deliver it to the Collector or other person from whom he received it.

Penalty for breach of paragraph (2): Ten pounds.

duty of persons not receiving a householder’s schedule to apply for it.

15.—(1.) Every person, who does not abide in a dwelling-house on the night of Census Day, and who does not receive a Householder’s Schedule before that day, shall, within five days after Census Day, apply to the nearest Postmaster for a Householder’s Schedule.


(2.) If the Postmaster has a Householder’s Schedule, he shall deliver one to the applicant, and, if he has not, he shall take the name and postal address of the applicant, and forward it to the Enumerator for the District.

(3.) Every person who receives a Householder’s Schedule in pursuance of this regulation shall fill in in the Schedule such particulars as are applicable to him, and shall sign it and return it to the Postmaster or Enumerator, as the case requires.

Penalty: Five pounds.

collector to call for householder’s schedules.

16. A Collector shall, forthwith after Census Day, call at each dwelling-house in the portion of the Census District for which he acts, and ask for and obtain the Householder’s Schedule.

particulars under section 15 of the act.

17. The particulars required under section 15 of the Act shall be such of the particulars specified in the Householder’s Schedule (other than the particulars relating to the dwelling-house) as are applicable to the person from whom the information is required.

penalties.

18. The penalty at the foot of any regulation or paragraph indicates that any contravention of the regulation or paragraph is punishable upon conviction by a penalty not exceeding the penalty mentioned.

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.

C.14233-b

Overview

The Census Regulations 1910 were enacted as Provisional Regulations under the authority of the Governor-General, reflecting an urgent need to establish the framework for conducting the 1911 Census. These regulations were introduced to address the logistical and procedural gaps in the Census and Statistics Act 1905 by providing detailed guidelines for the implementation of the census process. Enacted by the Federal Executive Council, the regulations aim to ensure that the census is conducted efficiently and accurately across the various states and territories. The primary policy objective is to facilitate the collection of comprehensive and reliable statistical data, which is essential for informed decision-making and policy formulation by the government. The regulations outline the roles and responsibilities of key personnel, including State Supervisors, Enumerators, and Collectors, and stipulate the procedures for distributing and collecting census forms, as well as the penalties for non-compliance.

Scope and Application

The Census Regulations 1910 apply to individuals and entities involved in the census process within each state in Australia, specifically designating State Supervisors and Enumerators who are responsible for overseeing and executing the census in their respective jurisdictions. These regulations detail the geographic scope by outlining the appointment and duties of State Supervisors and Enumerators across various Census Districts, ensuring a comprehensive census across the Commonwealth. The regulations also establish the roles and responsibilities of Collectors, who are tasked with distributing and collecting completed census schedules. The legislation applies to all persons residing in Australia, including those aboard ships and those not residing in traditional dwelling-houses, mandating their participation in the census process by filling out the required schedules. The geographic reach of these regulations extends to all states within the Commonwealth, with no stated exclusions or exemptions, except for those outlined in the regulations themselves. The Act’s application may be extended or restricted through subordinate instruments, allowing for adjustments based on specific needs or circumstances.

Key Provisions

The Census Regulations 1910, under the Census and Statistics Act 1905, establish the framework for conducting the national census. Each state will have a State Supervisor (section 2) appointed by the Minister on the recommendation of the Commonwealth Statistician, responsible for overseeing census operations within their state. The Commonwealth Statistician divides each state into Census Districts (section 3) and appoints Enumerators (section 4) for these districts, who are tasked with collecting census data. Enumerators must sign an undertaking to faithfully perform their duties and follow instructions (section 5). Additionally, Collectors (section 6) are appointed by Enumerators to assist in data collection, and they must also sign an undertaking to faithfully perform their duties (section 7). The Act imposes several obligations on the parties involved. State Supervisors must ensure all necessary steps are taken to conduct the census in their respective states. Enumerators and Collectors must faithfully perform their duties, follow instructions, and not abandon their posts without just cause. Householders and ship captains are required to complete and return their respective schedules accurately and on time. Furthermore, individuals who do not receive a Householder's Schedule before Census Day must apply for one within five days after the census date (section 15). Failure to comply with the provisions of the Census Regulations 1910 may result in various penalties. For example, if an Enumerator or Collector deserts their duty or refuses or neglects to perform their duties, they may be liable to a penalty not exceeding Twenty pounds (section 22 of the Census and Statistics Act 1905). Householders who fail to complete and return their schedules may incur a penalty of Ten pounds (section 12). Similarly, if a ship captain fails to fill in the required particulars in the Householder's Schedule, they may be liable to a penalty of Ten pounds (section 13). Additionally, individuals who do not receive a Householder's Schedule before Census Day and fail to apply for one within five days after Census Day may incur a penalty of Five pounds (section 15). Any contravention of a regulation or paragraph in the Census Regulations 1910 is punishable by a penalty not exceeding the amount specified at the foot of the relevant regulation or paragraph (section 18).

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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.