Statistics Legislation Amendment Act 2003

Administered by Department of the Treasury

Legislation au C2004A01193 In force Act

Legislation content

 

 

 

 

 

 

Statistics Legislation Amendment Act 2003

 

No. 106, 2003

 

 

 

 

 

An Act to amend the law relating to statistics, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Part 1—Amendments

Australian Bureau of Statistics Act 1975

Census and Statistics Act 1905

Statistics Regulations

Part 2—Transitional

 

 

 

Statistics Legislation Amendment Act 2003

No. 106, 2003

 

 

 

An Act to amend the law relating to statistics, and for related purposes

[Assented to 21 October 2003]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Statistics Legislation Amendment Act 2003.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

 (1) Each Act, and each regulation, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

 (2) The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General.


Schedule 1—Amendments

Part 1—Amendments

Australian Bureau of Statistics Act 1975

1  Subsection 16(2)

Repeal the subsection, substitute:

 (2) Subject to subsection (2A), subsection (1) does not prevent the engaging, in accordance with regulations in force under the Census and Statistics Act 1905, of persons (including persons referred to in subsection (1)) to assist in the carrying out of the functions of the Statistician.

2  Subsection 16(2A)

Omit “under subsection (2)”, substitute “as mentioned in subsection (2)”.

3  At the end of Part II

Add:

16A  Persons seconded to the Bureau

 (1) The Statistician may arrange with:

 (a) a governmental agency or governmental authority; or

 (b) an international organisation of an intergovernmental character;

for the services of officers or employees of the agency, authority or organisation to be made available to assist in the carrying out of the functions of the Statistician.

 (2) Subsection (1) applies to an agency, authority or organisation, whether in Australia or in a foreign country.

 (3) Subsection (1) has effect in addition to, and not in substitution for, a provision of the Public Service Act 1999 that provides for the making of arrangements under which a person performs services in the Bureau.

Note: Persons whose services are made available in accordance with arrangements made under the Public Service Act 1999 are covered by subsection 16(1) of this Act.

Census and Statistics Act 1905

4  Section 3 (at the end of paragraph (a) of the definition of officer)

Add “or”.

5  Section 3 (at the end of the definition of officer)

Add:

 ; or (c) a person who performs services in accordance with an arrangement made under section 16A of the Australian Bureau of Statistics Act 1975.

6  At the end of section 16

Add:

 (2) However, the Statistician must not appoint as an authorised officer a person who performs services in accordance with an arrangement made under section 16A of the Australian Bureau of Statistics Act 1975.

7  After subsection 17(1)

Insert:

 (1A) However, the Statistician must not delegate a power under subsection 10(2), (3) or (4) or section 11 or 18 to a person who performs services in accordance with an arrangement made under section 16A of the Australian Bureau of Statistics Act 1975.

8  After section 19A

Insert:

19B  Former officers

 (1) This section applies if, at a particular time before 5 December 1999, a person was a member of the staff of the Bureau referred to in subsection 16(1) of the Australian Bureau of Statistics Act 1975 as in force at that time.

 (2) For the purposes of sections 19 and 19A, the person is taken to have been an officer at that time.

Note: 5 December 1999 is the day on which subsection 16(1) of the Australian Bureau of Statistics Act 1975 was amended by the Public Employment (Consequential and Transitional) Amendment Act 1999.

Statistics Regulations

9  Subregulation 3(1)

Omit “other than”, substitute “including”.

10  Subregulation 3(2)

Omit “his functions”, substitute “his or her functions”.


Part 2—Transitional

11  Transitional—engagement of persons in accordance with the regulations

(1) This item applies to each of the following:

 (a) the purported engagement of a person, in accordance with regulation 3 of the Statistics Regulations, during any part of the period beginning on 18 December 1987;

 (b) regulation 3 of the Statistics Regulations as purportedly in force at any time on or after 18 December 1987;

 (c) a determination under subsection 16(3) of the Australian Bureau of Statistics Act 1975 as purportedly in force at any time on or after 18 December 1987;

 (d) an instrument under section 16 of the Census and Statistics Act 1905 as purportedly in force at any time on or after 18 December 1987;

 (e) an act or thing purportedly done by, or in relation to, a person mentioned in paragraph (a) at any time on or after 18 December 1987.

(2) The engagement, regulation, determination, instrument, act or thing is as valid, and is taken always to have been as valid, as it would have been if:

 (a) the Statute Law (Miscellaneous Provisions) Act 1987:

 (i) had not omitted subsection 16(2) of the Australian Bureau of Statistics Act 1975 as in force before 18 December 1987, and had not substituted a new subsection 16(2); and

 (ii) had inserted subsection 16(2A) in the Australian Bureau of Statistics Act 1975 immediately before 18 December 1987; and

 (b) the amendments made by items 1, 2, 9 and 10 of this Schedule had commenced on 18 December 1987.

Note: 18 December 1987 is the day on which section 16 of the Australian Bureau of Statistics Act 1975 was amended by the Statute Law (Miscellaneous Provisions) Act 1987.

 

 

[Minister’s second reading speech made in—

House of Representatives on 26 June 2003

Senate on 7 October 2003]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(106/03)

 

Overview

The Statistics Legislation Amendment Act 2003 No. 106, enacted by the Parliament of Australia, amends the law relating to statistics with the aim of updating and improving the legislative framework for the collection, analysis, and dissemination of statistical information. This Act addresses issues that arose from previous legislative provisions and seeks to streamline the engagement of personnel, particularly those who assist in the functions of the Australian Bureau of Statistics (ABS). The policy objective is to ensure that the ABS can efficiently and effectively carry out its functions while maintaining appropriate oversight and compliance with relevant regulations. The Act makes amendments to the Australian Bureau of Statistics Act 1975, the Census and Statistics Act 1905, and the Statistics Regulations to facilitate these changes. The enactment ensures that the ABS can engage the necessary personnel, including those seconded from other governmental agencies or international organisations, while also clarifying the roles and limitations of such personnel in relation to the appointment and delegation of powers. The amendments also address transitional issues arising from previous legislative changes, ensuring the validity of past engagements and actions under the now-amended provisions.

Scope and Application

The Statistics Legislation Amendment Act 2003 amends various Australian legislative instruments to refine and update the legal framework governing statistical activities within the country. Specifically, the Act applies to the Australian Bureau of Statistics Act 1975, the Census and Statistics Act 1905, and the Statistics Regulations. It seeks to update the statutory provisions to better accommodate the engagement of personnel, including those seconded from governmental agencies or international organisations, in the execution of statistical functions. The Act applies to persons and entities involved in statistical activities, including those who perform services under arrangements made under the Australian Bureau of Statistics Act 1975, whether they are located within Australia or abroad. The jurisdictional reach of the Act is federal, as it pertains to national statistical activities overseen by the Australian Bureau of Statistics. The Act also clarifies certain limitations and exclusions, such as prohibiting the appointment of seconded personnel as authorised officers or the delegation of specific powers to them. Additionally, the Act provides for the validation of certain engagements and actions taken prior to its enactment, ensuring continuity and legality in the context of statistical operations.

Key Provisions

The Statistics Legislation Amendment Act 2003 (Act) makes several amendments to existing Australian statistical legislation, primarily concerning the Australian Bureau of Statistics Act 1975 (ABS Act), the Census and Statistics Act 1905 (Census Act), and the Statistics Regulations. The primary changes include the allowance for the secondment of officers from other governmental agencies or international organisations to assist in the functions of the Statistician (section 16A of the ABS Act), and the clarification of definitions and prohibitions regarding the appointment and delegation of powers to certain persons (sections 16 and 19B of the Census Act). The Act also modifies the Statistics Regulations to expand the scope of permissible engagements under regulation 3 (Schedule 1, item 9). The Act imposes specific obligations on the Statistician and other relevant parties. For example, the Statistician is now permitted to engage the services of seconded officers from governmental agencies or international organisations to assist in the Bureau’s functions (section 16A of the ABS Act). Additionally, the Statistician must refrain from appointing as an authorised officer, or delegating certain powers to, a person who performs services under an arrangement made under section 16A of the ABS Act (sections 16 and 19B of the Census Act). Furthermore, the Act ensures that certain historical engagements and determinations are validated as if the prior legislative amendments had never occurred (Schedule 1, item 11). The Act also delineates specific consequences for non-compliance with its provisions. For instance, it is an offence for the Statistician to appoint as an authorised officer, or delegate certain powers to, a person who performs services under an arrangement made under section 16A of the ABS Act (section 16 of the Census Act). Although the Act does not explicitly state penalties for such offences, under the general provisions of the relevant statutes, breaches could potentially result in criminal sanctions. The exact nature and severity of these penalties would depend on the specific statutory provisions under which the offence is prosecuted.

Legal classification tags

Area of Law
Statistics & Data Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Personnel & Staffing

Interactions

Authorises

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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.