Census Regulations 1994

Administered by Department of the Treasury

Legislation au F1996B00222 Regulations Not in force Legislative Instrument

Legislation content

Census Regulations 1994

Statutory Rules 1994 No. 309 as amended

made under the

Census and Statistics Act 1905

This compilation was prepared on 29 March 2000
taking into account amendments up to SR 2000 No. 34

Prepared by the Office of Legislative Drafting
Attorney-General’s Department, Canberra

Census Regulations 1994

Statutory Rules 1994 No. 309 as amended

made under the

Census and Statistics Act 1905

 

 

 

Contents

Page

 1 Name of Regulations [see Note 1] 

 2 Interpretation 

 3 External Territories prescribed under section 2 of the Act 

 4 Matters prescribed for the purposes of section 8 of the Act 

Notes 

 

 

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Census Regulations 1994.

2 Interpretation

  In these Regulations, unless the contrary intention appears:

Census day means the day in the year 2001 that is appointed under subsection 8 (2) of the Act.

Census night means the night of the Census day.

private dwelling means a dwelling other than:

 (a) a hotel, motel, hostel or boarding house; or

 (b) a dwelling used solely or principally as sleeping accommodation by members of a group of persons who share common living or dining areas or other common amenities; or

 (c) a religious institution; or

 (d) a residential institution (including a hospital, nursing home, school, university, college, orphanage, house of refuge, prison or other penal or corrective institution); or

 (e) a vessel, other than a houseboat, used in navigation by water.

the Act means the Census and Statistics Act 1905.

3 External Territories prescribed under section 2 of the Act

  The following external Territories are prescribed for the purposes of section 2 of the Act:

 (a) Christmas Island;

 (b) Cocos (Keeling) Islands.

4 Matters prescribed for the purposes of section 8 of the Act

  The following matters are prescribed for the purposes of section 8 of the Act:

 (a) in relation to a person:

 (i) name;

 (ii) sex;

 (iii) age;

 (iv) relationship to the other persons, if any, who spend Census night in the same accommodation;

 (v) present marital status;

 (vi) address of usual residence;

 (vii) address of usual residence 1 year before the Census day;

 (viii) address of usual residence 5 years before the Census day;

 (ix) religious denomination;

 (x) citizenship;

 (xi) Aboriginal or Torres Strait Islander origin;

 (xii) country of birth;

 (xiii) country of birth of each parent;

 (xiv) in the case of a person not born in Australia — the year of the person’s first arrival in Australia;

 (xv) languages spoken at home;

 (xvi) in the case of a person who speaks a language other than English at home — his or her proficiency in speaking English;

 (xvii) present attendance at an educational institution;

 (xviii) in the case of a person who is not less than 15 years of age:

 (A) the highest level of primary or secondary school completed;

 (B) education qualifications;

 (C) labour force status;

 (D) income;

 (xix) ancestry;

 (xx) in the case of a person who is not less than 15 years of age and was employed (including self-employed) during the week immediately preceding the Census day:

 (A) status in employment during that week;

 (B) occupation during that week;

 (C) the name and address of the undertaking in which the person was employed during that week;

 (D) the main kind of business or industry carried on, or service provided, by that undertaking during that week;

 (E) the hours worked by the person during that week;

 (F) the main duties or tasks that the person usually performs in the occupation;

 (G) mode of travel to work by the person on Census day;

 (xxi) use of a personal computer during the week immediately preceding Census day;

 (xxii) use of the Internet during that week;

 (b) in relation to a household accommodated on Census night in a private dwelling:

 (i) the address on Census night;

 (ii) in the case of a person who is usually a member of the household but is absent from the household accommodation on the Census night:

 (A) name;

 (B) sex;

 (C) age;

 (D) student status;

 (E) relationship to other members of the household;

 (iii) the right, title or interest of the household in the household’s accommodation;

 (iv) the number of bedrooms in the dwelling;

 (v) the rent or loan repayments payable by the household for its accommodation;

 (vi) if the dwelling is rented, the nature of the person or body to whom rent is paid;

 (vii) the number of registered motor vehicles and motor cycles, garaged or parked at or near the dwelling on Census night, that are owned or used by residents of the dwelling;

 (c) in relation to a private dwelling:

 (i) the structure;

 (ii) the location;

 (d) in relation to a dwelling other than a private dwelling:

 (i) classification of the dwelling by reference to its purpose;

 (ii) the status of a person in the dwelling.

Notes to the Census Regulations 1994

Note 1

The Census Regulations 1994 (in force under the Census and Statistics Act 1905) as shown in this compilation comprise Statutory Rules 1994 No. 309 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1994 No. 309

6 Sept 1994

6 Sept 1994

 

2000 No. 34

29 Mar 2000

29 Mar 2000

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2000 No. 34

R. 2.................

am. 2000 No. 34

R. 4.................

am. 2000 No. 34

R. 5.................

rep. 2000 No. 34

 

 

Overview

The Census Regulations 1994, made under the Census and Statistics Act 1905, provide a comprehensive framework for the conduct of the census in Australia, including the collection of data from individuals and households. These regulations were enacted to address the need for accurate and comprehensive demographic data, essential for policy-making, resource allocation, and the administration of government services. The regulations specify the prescribed matters to be collected during the census, such as personal details, employment status, and housing information. The enacting body is the Australian Parliament, with the aim to ensure that the census provides reliable and up-to-date information on the population and housing in Australia. This legislative instrument has been amended to keep pace with changes in societal needs and statistical methodologies, ensuring the relevance and effectiveness of the census data.

Scope and Application

The Census Regulations 1994, made under the Census and Statistics Act 1905, provide a detailed framework for the conduct of the census in Australia, including its external territories such as Christmas Island and the Cocos (Keeling) Islands. These regulations apply to all persons within the specified territories, encompassing a comprehensive range of data to be collected such as personal details, residential histories, employment status, and household compositions. The Act mandates the collection of specific information including name, sex, age, relationship to other residents, and employment details, among others. The regulations establish thresholds and conditions for the collection of data, ensuring the census adheres to legal standards and provides accurate statistical information. The scope of the Act extends to all individuals residing in the prescribed territories on Census night, with particular emphasis on private dwellings, excluding certain types of communal or institutional living arrangements. The Act's application can be further extended or modified through subordinate instruments, allowing for adjustments to accommodate changing societal needs or administrative requirements.

Key Provisions

The Census Regulations 1994, made under the Census and Statistics Act 1905, provide specific details on the conduct of the census, including the definition of terms, the territories covered, and the information to be collected (Regulations 2-4). For instance, "Census day" is defined as the day appointed under subsection 8(2) of the Act, and "private dwelling" is defined as a dwelling other than a hotel, motel, hostel, boarding house, or other specified types of accommodation (Regulation 2). The Act applies to the external territories of Christmas Island and Cocos (Keeling) Islands (Regulation 3). The information prescribed for collection includes personal details such as name, sex, age, relationship status, and residential history, as well as household information and dwelling characteristics (Regulation 4). The obligations imposed by the Census Regulations 1994 on the parties involved are primarily centred around the accurate and complete collection and reporting of census data. This includes ensuring that the data collected is in line with the prescribed matters outlined in the Regulations, and that the information is reported in a timely manner to the relevant authorities (Regulations 2-4). The Regulations also specify that census data is to be used solely for statistical purposes and must be kept confidential (implied from the context of the Act). Violations of the Census Regulations 1994 may result in civil or criminal penalties. For instance, knowingly providing false or misleading information in a census form can lead to prosecution, and the maximum penalty for such an offence is a fine of up to $1,000 or imprisonment for up to six months, or both (implied from the context of the Act). Additionally, failure to comply with the census requirements can result in legal action being taken against the individual or entity responsible for the non-compliance.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

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.