STATUTORY RULES.
1915. No. 120.
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 this seventh day of July, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. O. ARCHIBALD,
Minister of State for Home Affairs.
Statistics Regulations.
1. These regulations may be cited as the Statistics (Disclosure in time of War) Regulations, 1915.
2. The Statistician shall, when directed by the Minister, divulge to the Minister or to such other person or persons as the Minister may direct, the contents of any form filled up in pursuance of the Act or any information furnished in pursuance of the Act, provided the Minister certifies that the particulars or information disclosed are required for the purpose of any investigation in connexion with the war.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.9048.—Price 3d.
Overview
The Statistics (Disclosure in time of War) Regulations, 1915, enacted as a statutory rule by the Governor-General in Council, addresses the urgent need for the disclosure of statistical data during times of war. These regulations were introduced to facilitate the sharing of census and statistical information with relevant authorities for investigations connected to the war effort, thereby ensuring that national security and wartime decision-making are supported by accurate and timely data. This provisional measure was issued under the authority of the Census and Statistics Act 1905, reflecting the policy objective of providing essential information to aid the war effort while maintaining the confidentiality and integrity of the data collected under the Act.
Scope and Application
The Statistics (Disclosure in time of War) Regulations, 1915, made under the Census and Statistics Act 1905, apply to the Statistician who is mandated to disclose information when directed by the Minister. This legislation is intended to facilitate the disclosure of statistical data in the context of wartime investigations, thus extending the application of the original Act to include sensitive information that may be required for national security or defence purposes. The geographic reach of these regulations is national, as they apply throughout the Commonwealth of Australia. The regulations are triggered by a Minister's direction and require certification that the information sought is necessary for war-related investigations. These provisional regulations came into immediate operation due to the urgency of wartime circumstances, and they remain subject to the overarching provisions and limitations set forth in the Census and Statistics Act 1905.
Key Provisions
The main operative sections of the Statistics (Disclosure in time of War) Regulations, 1915, (section 2) require the Statistician to disclose the contents of any form filled out in accordance with the Census and Statistics Act 1905, or any information provided under the Act, to the Minister or any other person directed by the Minister. This disclosure is contingent upon the Minister certifying that the specific information or particulars are necessary for any investigation related to the war.
These regulations impose specific obligations on the parties involved. The Statistician is obligated to provide the requested information upon the Minister's direction, provided the Minister certifies its necessity for war-related investigations (section 2). The Minister, in turn, must ensure that the disclosure is required for the stated purpose and provide the necessary certification. This ensures a controlled and authorised release of sensitive data for legitimate wartime investigations.
Breaching the provisions of these regulations may have significant consequences. While the regulations do not explicitly detail specific offences or penalties for non-compliance, any failure to comply with the Minister's direction or improper disclosure of information could be considered a violation of the Act's intent, potentially leading to legal ramifications. The maximum penalties for such breaches, however, are not explicitly stated in the regulations but would likely be derived from the overarching Census and Statistics Act 1905, which could include fines or imprisonment depending on the severity of the breach.