Statistics Determination (Amendment)

Overview

The Census and Statistics Act 1905 was enacted to facilitate the collection, analysis and dissemination of statistical information for the benefit of the Commonwealth. The Act was introduced to address the need for accurate and reliable statistical data to inform government policies and decisions. The Act was enacted by the Parliament of Australia. This particular determination, issued under Section 13 of the Act, aims to update the definitions in Clause 1 of the Statistics Determination to include agencies of the Australian Capital Territory (ACT) government, in response to the introduction of self-government in the ACT. The objective of this amendment is to ensure that information can be appropriately disclosed to and from ACT government agencies in accordance with the requirements of the Act. The determination made under Section 13 of the Census and Statistics Act 1905 serves to modernise the definitions of key terms in the Statistics Determination, ensuring they encompass the ACT government agencies. This amendment facilitates the proper disclosure of information between the Commonwealth and the ACT government, thereby maintaining the integrity and usefulness of the statistical data collected under the Act. The determination was issued by authority of the Treasurer, reflecting the importance of accurate statistical information in the decision-making processes of the Australian government.

Scope and Application

The Census and Statistics Act 1905, as supplemented by the statutory rules of 1990, governs the collection, management, and disclosure of information obtained through census and statistical processes in Australia. The Act applies to information collected pursuant to its provisions, which includes data from individuals, entities, and various industries across the Commonwealth, states, territories, and national entities. This information is typically utilised for statistical purposes, such as economic analysis, policy development, and research. The Act's jurisdictional reach is broad, covering all levels of government, including the Commonwealth, states, territories, and now with the recent amendments, the Australian Capital Territory (ACT) since the introduction of self-government. The Act allows for the disclosure of specified classes of information with the approval of the Statistician, subject to certain conditions and thresholds. The amendments made under Section 13 of the Act have updated the definitions to include the ACT, thus extending the applicability of the rules to the agencies of the ACT government. These rules also allow for the disclosure of information to the ACT government, ensuring comprehensive coverage across all governmental jurisdictions within Australia.

Key Provisions

The main operative sections of this Determination under the Census and Statistics Act 1905 (the Act) (sections referenced in parentheses) are primarily concerned with amending the definitions of "Department," "Minister," "responsible Minister," and "State Act" in Clause 1 of the Statistics Determination. These changes are made to reflect the introduction of self-government in the Australian Capital Territory (ACT) and to provide for the disclosure of information relating to agencies of the ACT government, as well as the disclosure of information to those bodies. This is achieved through amending Statutory Rules 1983 No. 19, which previously provided for the disclosure of information relating to an official body, and for the disclosure of information to a Department or authority subject to certain conditions. The amendments made by this Determination ensure that the definitions contained in Clause 1 of the Statistics Determination now include the Australian Capital Territory, thereby facilitating the necessary changes in the disclosure process. The Act imposes obligations on the parties or entities it governs, specifically regarding the disclosure of information. These obligations are detailed in Section 13 of the Act, which authorises the Minister to make Determinations providing for and in relation to the disclosure, with the approval in writing of the Statistician, of information included in a specified class of information furnished in pursuance of the Act. The amendments to the definitions of "Department," "Minister," "responsible Minister," and "State Act" in Clause 1 of the Statistics Determination, as provided by this Determination, are intended to ensure that these obligations are met in relation to the agencies of the government of the ACT. The Statistician's approval is required for any disclosure of information, ensuring that the process remains controlled and subject to the necessary oversight. Breach of the provisions of the Act or the Statutory Rules can lead to both civil and criminal consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the text, it is reasonable to infer that such breaches could result in legal action being taken against the parties or entities involved. The penalties for these breaches would likely depend on the severity and nature of the breach, and could potentially include fines, imprisonment, or other civil or criminal penalties as determined by the relevant courts or authorities. It is essential for parties and entities governed by the Act to adhere to its provisions and the Statutory Rules to avoid facing such consequences.