Statistics Regulations 1927 (Amendment)

Legislation au C1940L00179 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. 179.

 

REGULATIONS UNDER THE CENSUS AND STATISTICS ACT 1905-1938.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Census and Statistics Act 1905-1938.

Dated this twenty seventh day of August, 1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for Treasurer.

 

Amendment of Statistics Regulations.

Parts.

1. Regulation 2 of the Statistics Regulations is amended by inserting, after the words and figure “Division 2—Employers’ Associations”, the words and figure “Part 6a.—Employment”.

Definition.

2. Regulation 3 of the Statistics Regulations is amended by omitting the figures “1930” and inserting in their stead the figures “1938”.

3. After Part 6 of the Statistics Regulations, the following Part is inserted:—

“Part 6a.—Employment.

Information to be supplied as to number of employees.

“10a.—(1.) Every employer or the manager, overseer or person acting for and on behalf of any employer in any business, trade, manufacture, undertaking or calling shall, when required so to do by the Statistician, or by a delegate to whom the necessary authority has been delegated under section five of the Act, fill up and supply to the Statistician or to the delegate, as the case may be, particulars in accordance with Form XIIIa. as to the number of persons employed by him.

“(2.) Form XIIIa. shall be filled up and supplied in accordance with the instructions contained in or accompanying that Form”.

The Schedule.

4. The First Schedule to the Statistics Regulations is amended—

(a) by omitting the figures “1905-1920”, “1905-1930” and “1905-30” (wherever occurring) and inserting in their stead the figures “1905-1938”;

 

* Notified in the Commonwealth Gazette on      , 1940.

†.Statutory Rules 1927, No. 1, as amended by Statutory Rules 1928, No. 3; 1935, Nos. 22 and 126; 1936, Nos. 109 and 127; and 1937, Nos. 95 and 114.

4590.—6/19.8.1940.—Price 3d


(b) by inserting, after Form XIII. in the First Schedule, the following Form:—

Form XIIIa.

Industry No.

File No.

EMPLOYMENT.

Particulars Required under the Census and Statistics Act 1905-1938.

Return of all persons employed by

of [here insert address] on the 15th day or on the pay-day nearest to the 15th day of the month of                                                                      19  .

Number of Males...................................

 

Number of Females..................................

 

Total.........................................

 

Nature of business, trade, manufacture, undertaking or calling

Type of ownership (enter a cross opposite the appropriate type in the following list:—

Individual Proprietor...........

Partnership.................

Public Company.............

Proprietary Company..........

Co-operative Society..........

Non-profit making Institution.....

Public Authority.............

Other type.................

I certify that, to the best of my knowledge and belief, the particulars which have been entered in this form are complete and correct.

(Signature of Proprietor, Secretary or Manager.)

Date / / .

Instructions.

1. Employers who pay their employees—

(a) once every four weeks, once every month, or once every quarter are required to furnish details of the numbers of such employees on the fifteenth day of each month, or where the fifteenth day of the month falls on a Sunday or a Public Holiday, on the nearest working day thereto; or

(b) weekly fortnightly, or bi-monthly are required to furnish details of the number of such employees on the pay-day nearest to the fifteenth day of the month.

2. The following classes of employees are to be included in this Return:—

Permanent, temporary, casual and part-time employees;

Piece-workers and employees remunerated by commission; and

Members of employer’s own family and relatives employed by him.”;

(c) by—

(i) omitting from the column of Form XVIII. headed “Unit of Quantity” the letters “lb.” (fifth and tenth occurring) and inserting in their stead the figure and letters “6 lb.” and “2 1b.” respectively;

(ii) omitting from the same column of that Form the word “quart” and inserting in its stead the word “gallon”;

(iii) omitting from that Form the words “*Enter number of lb. sold for 1s. if you usually” and inserting in their stead the words “*Enter number of lbs. sold for 1s. if you mostly”;


(d) by—

(i) omitting from Form XIX, the words “Rib (Roast)” and inserting in their stead the words “Prime Rib (Roast) including bone”;

(ii) omitting from that Form the words “, average quality”;

(e) by—

(i) omitting from Form XXI. the words “Firewood (blocks)” and inserting in their stead the words and symbols—

“Firewood (blocks) in cwt. lots

   in ton lots…………………

(ii) omitting from that Form the words “†If sold by bag or sack please state average weight” and inserting in their stead the words “†If sold by bag, sack or other measurement, please state average weight and enter price of such quantity.”;

(f) by—

(i) omitting from Form XXV. the words “Dress, wool de chine” and inserting in their stead the words “Tunic, wool”;

(ii) omitting from that Form item “H59/„ Silk (Fuji)” and inserting in its stead the item “H59/Dress, Silk (Fuji)”;

(iii) inserting in that Form, after the words “Bloomers, Cotton” the words “and Art Silk”; and

(g) by—

(i) omitting from Form XXIX. the word “, Brownware” (first occurring);

(ii) omitting from that Form the figure and word “6 inch” and inserting in their stead the figures and word “6¼ inch”;

(iii) omitting from that Form the figure and letters “9 oz.” and inserting in their stead the figure and letters “ 8 oz.”;

(iv) omitting from that Form the figures and word “11 inch” and inserting in their stead the figures and word “12 inch”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1940, No. 179, were made under the Census and Statistics Act 1905-1938. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations were designed to address the need for updated and comprehensive employment data collection across various sectors in Australia. The policy objective was to ensure that the information provided by employers about the number of employees they have is accurate, timely, and covers all types of employment relationships, including permanent, temporary, casual, part-time, piece-workers, employees remunerated by commission, and members of the employer’s own family and relatives employed by them. This legislative instrument sought to refine and enhance the regulatory framework for data collection, ensuring it remains relevant and effective in providing the necessary statistical insights to support informed policy-making and economic planning.

Scope and Application

The Regulations under the Census and Statistics Act 1905-1938 apply to all employers, managers, overseers, and individuals acting on behalf of employers across various industries, including businesses, trades, manufactures, undertakings, or callings. These regulations mandate that such individuals must provide specific employment details to the Statistician or their delegate upon request. The particulars required pertain to the number of employees, broken down by gender and nature of employment, such as permanent, temporary, casual, part-time, piece-workers, and those remunerated by commission. The regulations cover all types of ownership, including individual proprietors, partnerships, public and proprietary companies, co-operative societies, non-profit-making institutions, and public authorities. The geographic reach of these regulations is national, applying across the Commonwealth of Australia. The regulations do not specify any exclusions, exemptions, or thresholds, but they do provide for the application to be extended or restricted through subordinate instruments. The amendments and additions to the existing regulations, including the introduction of Form XIIIa for employment details, reflect an update to the information collection process mandated by the Census and Statistics Act 1905-1938.

Key Provisions

The main operative sections of the Statutory Rules 1940, No. 179, which amend the Statistics Regulations under the Census and Statistics Act 1905-1938, require employers or their representatives to provide specific information about the number of employees in their businesses. Regulation 10a(1) mandates that employers must fill out and submit Form XIIIa, which contains details about the number of employees and other particulars, to the Statistician or a designated delegate (section 10a(1)). The regulation stipulates that the information must be provided in accordance with the instructions on Form XIIIa (section 10a(2)). Additionally, the regulations update the date in Regulation 3 from 1930 to 1938 (section 2), and introduce a new Part 6a regarding employment (section 3). The First Schedule of the Statistics Regulations is also amended, updating references from 1905-1920, 1905-1930, and 1905-30 to 1905-1938, and adding Form XIIIa to the schedule (section 4). The amended regulations impose obligations on employers to ensure they provide accurate and complete information about their workforce. Employers must submit particulars about the number of employees, including males, females, and totals, along with other details such as the nature of the business, type of ownership, and the date of the report (Regulation 10a). The information must be certified as correct by the proprietor, secretary, or manager of the business (Form XIIIa). Employers must also adhere to specific reporting schedules depending on their pay periods, ensuring that the data is submitted either on the 15th of each month or the nearest working day if the 15th falls on a weekend or public holiday (section 1). The Statutory Rules 1940, No. 179, provide for civil and criminal consequences for non-compliance with the amended regulations. Although the specific penalties are not detailed within the regulations themselves, it is implied that breaches of the Census and Statistics Act 1905-1938, which these regulations amend, could result in penalties as prescribed by the Act. Typically, such penalties could include fines, and in severe cases, criminal charges for wilful non-compliance or providing false information. Employers who fail to comply with the requirement to supply information or who provide incorrect information may face legal action under the Act.

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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.