Statistics Regulations 1983
Statutory Rules 1950 No. 43 as amended
made under the
Census and Statistics Act 1905
This compilation was prepared on 25 November 2010
taking into account amendments up to SLI 2010 No. 304
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Definitions
3 Appointment of persons to assist the Statistician
4 Form of undertaking
5 Prescribed matters in relation to which statistical information may be collected
5A Prescribed classes of premises
5B Entry to prescribed premises
6 Evidentiary Certificates
Schedule Undertaking of fidelity and secrecy
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Statistics Regulations 1983.
2 Definitions
In these Regulations:
Act means the Census and Statistics Act 1905.
prescribed premises means premises in a class of premises prescribed by regulation 5A.
3 Appointment of persons to assist the Statistician
(1) The Statistician may engage persons, including members of the staff of the Bureau referred to in subsection 16 (1) of the Australian Bureau of Statistics Act 1975, to assist in the carrying out of the functions of the Statistician.
(2) A person engaged by the Statistician under subregulation (1) shall carry out such duties as the Statistician considers will assist in the carrying out of his or her functions.
4 Form of undertaking
For the purposes of section 7 of the Act the form set out in the Schedule is prescribed.
5 Prescribed matters in relation to which statistical information may be collected
For the purposes of section 9 of the Act the following matters are prescribed:
(a) migration;
(b) births, deaths, marriages and divorces;
(c) population and the social, economic and demographic characteristics of the population;
(d) health, health services and quarantine;
(e) health benefit and health insurance schemes;
(f) social and welfare services;
(g) pension and superannuation schemes;
(h) accidents and injuries;
(i) public safety;
(j) law;
(k) crime;
(l) the Defence Force and police forces;
(m) local government;
(n) education;
(o) scientific research and development;
(p) recreation and entertainment;
(q) cultural activities;
(r) tourism;
(s) energy;
(t) water resources;
(u) conservation and environment;
(v) agricultural, apicultural, poultry, dairying and pastoral industries and related service industries;
(w) fishing, hunting and trapping;
(x) mining, mineral and petroleum exploration, quarrying and related service industries;
(y) forestry, saw milling and related service industries;
(z) manufacturing;
(aa) housing;
(ab) construction and demolition;
(ac) repairs and maintenance;
(ad) wholesaling and retailing;
(ae) food preparation and food consumption;
(af) transport and storage;
(ag) wages, earnings, hours of employment and workers’ compensation;
(ah) conditions of employment;
(ai) employment and unemployment;
(aj) industrial disputes and arbitration;
(ak) employers’ and employees’ associations;
(al) income, expenditure and savings in relation to a person, household or family;
(am) prices and charges;
(an) business, professional, personal and household services;
(ao) trade and commerce;
(ap) overseas transactions;
(aq) banking;
(ar) insurance;
(as) finance;
(at) ownership and control of property;
(au) assets, liabilities and financial operations and…
Overview
The Statistics Regulations 1983, made under the Census and Statistics Act 1905, provide the framework for the collection, management, and dissemination of statistical information in Australia. This legislation was enacted to address the need for comprehensive and accurate statistical data to inform policy making, economic planning, and research. The regulations were first introduced in 1950 and have since been amended to adapt to the evolving requirements of statistical data collection and analysis. The policy objective is to ensure that the collection of statistical information is conducted in a manner that maintains the confidentiality and integrity of the data, while also facilitating its use for public benefit. The regulations empower the Statistician to appoint persons to assist in the execution of their functions, outline the form of undertaking for those involved in the collection of statistical information, and specify the matters for which statistical information may be collected, among other provisions.
Scope and Application
The Statistics Regulations 1983, made under the Census and Statistics Act 1905, govern the collection and management of statistical information in Australia. These Regulations apply to the whole of Australia, providing a comprehensive framework for the collection of a wide range of statistical data. They apply to the Statistician, who may engage persons to assist in the carrying out of their functions, including staff from the Australian Bureau of Statistics. The Regulations prescribe the form of undertaking required for officers and specify the matters in relation to which statistical information may be collected, encompassing a broad spectrum of topics such as migration, health, economic activities, and education, among others. Additionally, the Regulations outline the types of premises from which statistical information may be collected, such as hotels, motels, and various industrial and residential premises. Failure to comply with the Regulations, such as not arranging for entry to prescribed premises or refusing entry after request, is subject to penalties. The Regulations also allow the Statistician to issue evidentiary certificates for documents related to the Act, which hold evidentiary value in legal proceedings. Through subordinate instruments, the application and scope of the Regulations can be further extended or restricted, ensuring that the collection of statistical data remains flexible and responsive to changing needs.
Key Provisions
- The Statistics Regulations 1983, made under the Census and Statistics Act 1905, outline the framework for collecting and managing statistical information in Australia. Section 3 allows the Statistician to engage individuals to assist in executing the responsibilities under the Act, including staff from the Bureau of Statistics. These individuals are tasked with carrying out duties that support the Statistician's functions. Section 4 prescribes the form of undertaking for officers, which is detailed in the Schedule, ensuring they commit to faithfully executing their duties and maintaining the confidentiality of the information obtained. Section 5 enumerates the specific matters for which statistical information may be collected, covering a broad range of topics from migration and demographic data to economic indicators and public safety. Section 5A specifies the classes of premises where statistical information may be collected, including public areas of hotels, motels, caravan parks, and other specified premises. Section 5B details the requirements for entry into these premises, stipulating that if an authorised officer is given reasonable notice and the person in charge or responsible for the premises fails to facilitate entry, an offence is committed, with a penalty of 5 penalty units.
- These Regulations impose obligations on individuals and entities involved in the collection and management of statistical data. Persons engaged by the Statistician are required to perform duties that assist in executing the Statistician's functions. Those responsible for controlling access to prescribed premises must ensure that authorised officers can enter these premises to collect data or supply forms as required by the Act. Furthermore, the form of undertaking prescribed in the Schedule obligates officers to execute their duties faithfully and maintain the confidentiality of the information.
- The Regulations also establish penalties and consequences for non-compliance. Specifically, Section 5B outlines two offences related to the failure to facilitate access to prescribed premises. If a person in charge or responsible for controlling access does not make arrangements to allow an authorised officer entry, they commit an offence, as does the person who refuses entry after being requested by an authorised officer. Each of these offences carries a penalty of 5 penalty units. These provisions ensure that the collection of statistical information is conducted smoothly and legally, reinforcing the importance of compliance with the Act and its Regulations.
- Area of Law
- Statistics & Data Collection
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Reporting & Disclosure Obligations