Census Regulations (Amendment)

Overview

The Census and Statistics Act 1905 was enacted to facilitate the collection of census and statistical data in Australia. The 1985 Amendment Act extended the application of the Act to external territories, ensuring that inhabitants of these territories are included in the Australian Census of Population and Housing where practicable and desirable. The current statutory rule, issued under section 27 of the Act, aims to prescribe Christmas Island and the Cocos (Keeling) Islands for inclusion in the Census, thereby implementing the policy objective of treating inhabitants of these territories equally with other Australians. This amendment eliminates the need for local ordinances to authorise the Census in the prescribed territories. In a separate arrangement, a census will be conducted on Norfolk Island under the Norfolk Island Census and Statistics Ordinance, following consultation with the Norfolk Island Government.

Scope and Application

The Census and Statistics Act 1905, as amended, applies to the collection of census data across Australia, encompassing both the mainland and external territories. This Act, excluding Part III which pertains to the collection of statistics, extends to external territories that are prescribed by regulation, reflecting the government's commitment to treating all Australians equally, including those residing in external territories. The Census and Statistics Amendment Act 1985 facilitated this by amending section 2 of the original Act, allowing for the inclusion of such territories in the Australian Census of Population and Housing where feasible. Specifically, the current proposal under Statutory Rules 1986 No. 30 seeks to prescribe Christmas Island and the Cocos (Keeling) Islands as territories subject to the Act. This regulatory amendment is grounded in Section 27 of the Census and Statistics Act 1905, enabling the Governor-General to issue regulations governing the Act's application. It is noteworthy that Norfolk Island is excluded from this particular amendment as a separate census arrangement has been made under the Norfolk Island Census and Statistics Ordinance, following consultations with the Norfolk Island Government.

Key Provisions

The primary operative sections of the Census and Statistics (Amendment) Regulations 2004 (C2004L04100) are those that modify the Census and Statistics Act 1905. Specifically, section 27 of the Act empowers the Governor-General to make regulations consistent with the Act, and these regulations prescribe matters required or permitted by the Act for its effective implementation. The 1985 Amendment Act expanded the geographical scope of the Census and Statistics Act 1905 to include certain external Territories, enabling the inclusion of inhabitants from these areas in the Australian Census of Population and Housing. The regulations now propose to include Christmas Island and the Cocos (Keeling) Islands as part of the Act’s purview. This legislative change aligns with the government’s policy of equitable treatment of all Australian inhabitants and avoids the necessity for local ordinances in the specified Territories to permit the Census. The Census and Statistics (Amendment) Regulations 2004 impose obligations on various parties to ensure compliance with the Census and Statistics Act 1905. These regulations extend the Act to include Christmas Island and the Cocos (Keeling) Islands, requiring these territories to participate in the Census of Population and Housing. The obligation falls on the relevant authorities within these territories to facilitate the census process as stipulated by the Act. This includes the collection of accurate and comprehensive data from the inhabitants, ensuring that all individuals are enumerated and that the information gathered is reliable and representative. Additionally, the regulations necessitate coordination between the federal government and the local authorities in these territories to streamline the census activities. There are specific consequences for non-compliance with the requirements set out in the Census and Statistics Act 1905 and the amending regulations. While the explanatory statement does not detail specific offences or penalties, it is understood that breaches of the Act could lead to civil or criminal liabilities under the broader legislative framework. For instance, failure to comply with census requirements can result in legal action against individuals or entities responsible for the non-compliance. The penalties for such breaches can include fines or other sanctions as determined by the courts, reflecting the importance of accurate census data for national planning and resource allocation. The severity of the penalties may vary depending on the nature and extent of the non-compliance, with the aim of enforcing adherence to the statutory requirements.