EXPLANATORY STATEMENT
Statutory Rules 1982 No 228
Issued by Authority of the Treasurer
CENSUS AND STATISTICS ACT 1905 - STATISTICS REGULATIONS (AMENDMENT)
These amendments to the Statistics Regulations under the Census and Statistics Act 1905 are being made in pursuance of section 4 of the Acts Interpretation Act 1901.
2 The Census and Statistics Amendment Bill (No 2) 1981 was passed by both Houses of Parliament in November 1981 and received Royal Assent on 8 December 1981. This Act has not yet been proclaimed.
3 The Statistics Regulations (Amendment) deal with two main issues :
• matters on which statistical information may be collected, and
• premises which the Statistician, or authorised officers, may enter for statistical purposes.
4 The Census and Statistics Act as amended ensures that all matters on which the Statistician has the power to collect statistical information are prescribed in regulations. Paragraph 9(1)(a) of the amended Act is as follows :
“9. (1) The Statistician -
(a) may from time to time collect such Statistical information in relation to the matters prescribed for the purpose of this section as he considers appropriate;”
5 Currently some of the matters on which statistics may be collected are specified in the Act and others in the Statistics Regulations. These amendments to the Statistics Regulations repeal the matters currently prescribed in the Statistics Regulations on which statistics may be collected and specify in an orderly fashion all the matters on which statistics may be collected. The opportunity has also been taken to rewrite the matters using modern day language. This list of matters is a consolidation of those matters previously included in the Act and those previously prescribed in the Statistics Regulations.
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6 The Census and Statistics Act, as amended, also provides the Statistician, or an authorised officer, with the power to enter premises, as prescribed in the regulations for the purposes of collecting statistics. Section 18 of the amended Act is as follows :
“18. (1) The Statistician or an authorised officer may, at all reasonable times, enter any premises included in a prescribed class of premises for the purpose of -
(a) supplying persons with forms;
(b) collecting forms that have been supplied to persons; and
(c) making inquiries for the purposes of this Act.
(2) In sub-section (1), “premises” means premises other than -
(a) a dwelling house (including a flat or home unit); or
(b) a part of any other premises that is separately occupied or used for the purposes of the residence or sleeping accommodation of a person or persons.”
7 Prior to amendment, the Census and Statistics Act allowed the Statistician or any officer authorised in writing by him, powers of entry and inspection as follows :
“19. (1) For the purpose of making any inquiries or observations necessary for the proper carrying out of this Act, the Statistician or any officer authorised in writing by him may, at any time during working hours enter any factory, mine, workshop, or place where persons are employed, and may inspect any part of it, and all plant and machinery used in connection with it, and may make such inquiries as are prescribed or allowed by the regulations.”
These powers have been redrafted to specify in detail the purposes for which power of entry is allowed and to overcome a practical difficulty which has occurred, particularly in the collection of statistical information by personal interview from households in such premises as caravan parks, motels, blocks of flats, etc.
8 The Statistics Regulations (Amendment) list the prescribed premises which the Statistician or an authorised officer may enter for statistical purposes. The amended Act does not allow power of entry to private households.
Overview
The Census and Statistics Act 1905 was amended in 1981 to address the need for a more comprehensive and accessible framework governing the collection of statistical information and the authority to enter premises for these purposes. The Act was enacted by the Commonwealth Parliament, reflecting the policy objective of enhancing the efficiency and clarity of statistical data collection processes. The Statistics Regulations (Amendment) issued under this Act aimed to consolidate and modernise the regulatory framework by clearly prescribing the matters on which statistical information may be collected and specifying the types of premises that authorised officers may enter for statistical purposes. This amendment sought to streamline the legislative language and ensure that all relevant matters are uniformly addressed within the regulations, thereby facilitating better compliance and enforcement of the Act's provisions.
Scope and Application
The Statistics Regulations (Amendment) issued under the Census and Statistics Act 1905 apply to the collection of statistical information and the entry onto premises for statistical purposes. The regulations outline the specific matters on which statistical information may be collected, consolidating all relevant matters into a single, updated list. This encompasses both matters prescribed in the Act and those previously outlined in the Statistics Regulations, rewritten in contemporary language for clarity and consistency. Furthermore, the regulations specify the types of premises that the Statistician or authorised officers may enter to collect statistics, excluding private dwellings and parts of premises used for residence or sleeping accommodation. The amendments ensure that the collection of statistical information is comprehensive and legally compliant, while also clearly defining the scope of permissible entry onto various premises for statistical purposes. The application of these regulations extends across the Commonwealth, ensuring uniformity in the collection and regulation of statistical data.
Key Provisions
The main operative sections of the Statistics Regulations (Amendment) under the Census and Statistics Act 1905 are significant in that they prescribe the specific matters on which statistical information may be collected and clarify the premises that can be entered for statistical purposes. Section 9(1)(a) of the amended Act allows the Statistician to collect statistical information on matters considered appropriate, while the amendment to the Statistics Regulations consolidates and specifies all the matters on which statistics may be collected, updating the language to be more contemporary. Additionally, Section 18 of the amended Act provides the Statistician or an authorised officer with the power to enter certain premises to supply forms, collect them, and make inquiries necessary for the Act. Notably, this power of entry does not extend to private households.
The obligations and requirements imposed by the amended Regulations are primarily administrative and procedural. The Statistician and authorised officers must ensure that the collection of statistical information adheres to the prescribed matters listed in the updated Regulations. They must also ensure that any entry into premises is strictly for the purposes specified in the Act, which includes supplying and collecting forms and making inquiries. These obligations are designed to streamline the collection process and ensure that the data gathered is relevant and within legal bounds.
Failure to comply with the provisions of the amended Regulations can result in both civil and criminal consequences. Although the specific penalties are not detailed in the explanatory statement, breaches of the Census and Statistics Act and its regulations can typically lead to fines or other penalties as prescribed by law. The seriousness of the breach determines the extent of the penalty, and in severe cases, criminal charges may be pursued. Compliance is critical to avoid these repercussions, ensuring that the statistical data collected is accurate and legally obtained.