Census Regulations

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1979 No. 246

REGULATIONS UNDER THE CENSUS AND STATISTICS ACT 19051

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Census and Statistics Act 1905.

Dated this fifteenth day of November 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

JOHN HOWARD

Treasurer

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CENSUS REGULATIONS

Citation

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

Repeal

2. Statutory Rules 1975 No. 28 and 1976 No. 89 are repealed.

Interpretation

3. In these Regulations, unless the contrary intention appears—

“Census day” means the day in the year 1981 that is appointed under sub-section 8 (2) of the Act;

“ ship” includes any vessel used in navigation by water;

“the Act” means the Census and Statistics Act 1905.

Prescribed matters in respect of Householder’s Schedule

4. (1) For the purposes of section 12 of the Act, each of the following matters is a prescribed matter in relation to a person abiding in the dwelling referred to in that section during the night of Census day:

(a) in the case of a person who is ordinarily resident in Australia—the address of the usual place of residence of the person;

(b) in the case of a person who is not ordinarily resident in Australia—the name of the country where the person ordinarily resides;

(c) in the case of a person who was ordinarily resident in Australia on 30 June 1980—the address of the place that was on that date the usual place of residence of the person;

(d) in the case of a person who was not ordinarily resident in Australia on 30 June 1980—a statement that the person was resident overseas on that date;

(e) in the case of a person who was ordinarily resident in Australia on 30 June 1976—the address of the place that was on that date the usual place of residence of the person;

(f) in the case of a person who was not ordinarily resident in Australia on 30 June 1976—a statement that the person was resident overseas on that date;

(g) in the case of a person who is married—whether the person has married more than once;

(h) in the case of a female person of not less than 15 years of age—whether the person has given birth to any child or children and, if the person has given birth to any child or children, the number of children born of that person;

(j) in the case of a person who is a descendant of an aboriginal inhabitant of Australia or the Torres Strait Islands— whether the person considers himself to be an Aboriginal or a Torres Strait Islander;

(k) the birth-place of each parent of the person;

(l) whether the person speaks a language other than the English language at home and, if the person speaks such a language at home, the degree of competency of that person in speaking the English language;

(m) whether the person is undertaking, either on a full-time or a part-time basis, any course of education, study or training at or with an educational institution;

(n) in the case of a person who is not undertaking a full-time course of primary or secondary education at a school— whether the person did, at any time, attend school for the purposes of such a course of education and, if the person did so attend school, the age attained by the person when the person last attended school for the purposes of such a course;

(o) whether the person has obtained any degree, diploma or other qualification from a university, college or institute of advanced education, college or institute of technology or any other institution providing advanced education or technical and further education and, if the person has obtained any such degree, diploma or other qualification, the particulars of the degree, diploma or other qualification, or the highest degree, diploma or other qualification, so obtained by the person;

(p) in the case of a person in receipt of an income (whether earned or unearned)—the range within which the gross income of the person falls;

(q) whether the person performed any work during the week immediately preceding the Census day and, if the person performed any work during that week, whether the person received any remuneration for the work so performed;

(r) in the case of a person other than a person who has received, or is entitled to receive, remuneration for work performed during the week immediately preceding the Census day—whether during that week—

(i) the person was self-employed or the employee of another person but did not perform any work on his own account or that of the other person;

(ii) the person worked without remuneration in a business conducted by a member of his family;

(iii) the person worked without remuneration in circumstances other than those referred to in subparagraph (ii); or

(iv) the person was not employed in any occupation;

(s) in the case of a person other than a person who has received, or is entitled to receive, remuneration for work performed during the week immediately preceding the Census day—whether the person made any attempt to find employment during that week;

(t) in the case of a person other than a person who, during the week immediately preceding the Census day, worked without remuneration in circumstances other than those referred to in sub-paragraph (r) (ii) or was not employed in any occupation—

(i) whether the person received, or is entitled to receive, or would, if he had performed work, be entitled to receive, any salary or wages in respect of work performed by him during that week;

(ii) in the case of a self-employed person—whether for the purposes of his trade, business or profession, the person employed any other person;

(iii) the business, industry, service or government Department in which the person was employed;

(iv) where applicable, the business name, trading name, or other description, relevant to the employment of the person and the address of the place of work of the person; and

(v) the number of hours during which the person performed work during that week;

(u) whether the person travelled to his place of work on the day immediately preceding the Census day and, if the person did so travel, the mode of travel used by the person to reach his place of work on that day.

(2) For the purposes of section 12 of the Act, each of the following matters is a prescribed matter in relation to the dwelling referred to in that section:

(a) the right, title or interest of the occupier of the dwelling in relation to the dwelling;

(b) in the case of a dwelling that has been mortgaged, or is being purchased under an instalment contract, by the occupier of the dwelling or a member of his household—the monthly rate of the payments being made by the occupier or member, as the case may be, as mortgagor of the dwelling or under the contract of sale;

(i) whether the lessor is the Commonwealth, a State or a Territory or an authority of the Commonwealth, a State or a Territory;

(ii) whether the dwelling is rented furnished or unfurnished; and

(iii) the weekly rate of the rent payable by the occupier or member, as the case may be, in respect of the dwelling;

(d) the number of registered motor vehicles (other than a motor cycle or a motor tractor) owned or used by the occupier of the dwelling or any member of his household that are garaged or parked at, or in the vicinity of, the dwelling on the night of the Census day.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 20 November 1979.

Overview

The Census Regulations 1979 were made under the authority of the Governor-General, with advice from the Federal Executive Council, to provide detailed rules for the conduct of the census in accordance with the Census and Statistics Act 1905. These regulations were designed to address the need for comprehensive and structured data collection in relation to the population and dwellings across Australia. The primary objective of these regulations was to ensure that the census process was conducted efficiently and effectively, thereby providing reliable statistical information necessary for government planning and policy-making. The regulations repealed previous rules (Statutory Rules 1975 No. 28 and 1976 No. 89) and introduced specific definitions and requirements for the census, including the prescribed matters to be collected from householders and about their dwellings.

Scope and Application

The Census Regulations, made under the Census and Statistics Act 1905, govern the collection and reporting of data for the Australian census. These regulations apply to individuals residing in Australia on Census day, which is specified by the Act, as well as to households and dwellings. The prescribed matters cover a wide range of information, from residential status and language use to employment details and educational qualifications. The geographic scope of these regulations is national, as they pertain to the entire Commonwealth of Australia, ensuring a consistent and standardised approach to data collection across all states and territories. The regulations explicitly state that certain prior rules and orders are repealed, consolidating all relevant provisions under these new regulations. Notably, the regulations do not detail any exclusions, exemptions, or thresholds; however, they do provide detailed definitions and specific matters that must be reported to facilitate accurate census data collection. Additionally, the regulations may be extended or restricted through subordinate instruments, providing flexibility in their application as needed.

Key Provisions

The Census Regulations, made under the Census and Statistics Act 1905, primarily outline the specifics of the census process, including what information must be collected and reported. According to section 4(1), for individuals residing in a dwelling on Census day, the prescribed matters include their usual place of residence, country of ordinary residence, marital status, birthplace of parents, language spoken at home, educational qualifications, employment status, income range, and travel to work, among other things. Section 4(2) details the prescribed matters related to the dwelling itself, such as the occupier's right or interest in the dwelling, the status of the dwelling (whether mortgaged, rented, or owned), and details about any registered motor vehicles associated with the dwelling. These regulations impose specific obligations on the parties involved. For instance, householders must provide accurate and complete information as per the prescribed matters, ensuring that all relevant data about individuals residing in the dwelling and the dwelling itself are correctly reported (section 4). This includes details such as residential status, educational background, employment status, and income range. The information collected must be truthful and pertain to the night of Census day, as specified in the Act. Failure to comply with the requirements set out in these regulations can result in legal consequences. Although the specific penalties for non-compliance are not detailed in the provided extract, it is common under the Census and Statistics Act 1905 for breaches to be met with penalties such as fines, which can vary depending on the severity of the breach. The precise penalties and enforcement mechanisms would typically be elaborated upon in more detailed sections of the Act or in additional legislative instruments.

Area of Law: Statistics & Census Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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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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