STAtutory RulES.
1913. No. 157
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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, hereby certify that, on account of urgency, the following Regulations under the Census and Statistics Act 1905 should come into operation forthwith, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this thirtieth day of May, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
KING O’MALLEY,
Minister of State for Home Affairs.
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Statistics (Service of Notices) Regulations.
1. These Regulations may be cited as the Statistics (Service of Notices) Regulations 1913.
2. (1) When any prescribed person is required by the Statistician to fill up and supply, in accordance with the instructions contained in or accompanying a prescribed form, the particulars specified in that form, the Statistician shall cause to be served on that person a notice of such requirement.
(2) The notice shall be in writing, and, in the case of a person, may be served personally or by being left at his usual or last known place of abode or business in the Commonwealth or by being sent by post addressed to him at such usual or last known place of abode or business, and in the case of a Company may be served personally on, or sent by post addressed to, the Manager or Secretary of the Company at any office or place in the Commonwealth at which the Company carries on business.
(3) Where a notice is sent by post, the time at which the notice so posted would be delivered in the ordinary course of post shall be considered as the time of service thereof.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.7691.—Price 3d.
Overview
The Statistics (Service of Notices) Regulations 1913 were introduced to provide a framework for the service of notices under the Census and Statistics Act 1905, which aimed to ensure that individuals and companies could be properly informed and directed in the completion and submission of census and statistical data. Enacted by the Governor-General in Council under the authority of the Commonwealth of Australia, these regulations were designed to address the need for efficient and reliable communication with those required to provide statistical information. The primary policy objective was to facilitate the orderly collection of data by ensuring that prescribed persons and companies received clear and direct instructions regarding their obligations under the Act. The urgency of these regulations was recognised, leading to their immediate implementation as provisional regulations.
Scope and Application
The Statistics (Service of Notices) Regulations 1913 apply to persons and companies as defined under the Census and Statistics Act 1905, requiring them to respond to the Statistician's requests for information by filling out and submitting prescribed forms. These Regulations establish the procedures for serving notices to these entities, allowing the Statistician to deliver notices personally, by leaving them at the usual or last known place of residence or business, or by sending them through the post to the specified address. The geographic reach of these Regulations is nationwide, as they apply to any location within the Commonwealth of Australia. The Regulations do not explicitly mention exclusions, exemptions, or specific thresholds, but the application of the requirements is contingent upon the necessity of the information as deemed by the Statistician under the overarching Act. These Provisional Regulations, made under the urgency clause, came into immediate effect upon their certification and are subject to the possibility of further amendment or replacement by subsequent legislative instruments.
Key Provisions
The Statistics (Service of Notices) Regulations 1913, enacted under the Census and Statistics Act 1905, lay down specific procedures for notifying individuals and companies when they are required to provide information to the Statistician. Section 2(1) mandates that when a prescribed person or entity is required to complete and submit information on a prescribed form, the Statistician must serve them with a notice detailing this requirement. This notice, as outlined in Section 2(2), can be served in various ways: personally, by leaving it at their usual or last known place of residence or business, or by sending it by post to such an address. For companies, the notice may be served on or sent to the Manager or Secretary at any office or business location within the Commonwealth. Section 2(3) specifies that if the notice is sent by post, the service is deemed to occur at the time it would ordinarily be delivered.
These Regulations impose clear obligations on both individuals and companies. Individuals and companies are required to respond to the notices served by the Statistician by providing the specified information on the prescribed forms. Failure to comply with these notices can have significant implications, as the information collected is vital for the accurate and effective functioning of the census and statistics processes. The Regulations ensure that the process is systematic and that all prescribed persons and entities are properly informed of their obligations.
Breach of the provisions set out in these Regulations can result in legal consequences. While the Regulations themselves do not explicitly outline specific penalties, the overarching Census and Statistics Act 1905 provides for penalties under its provisions. Typically, non-compliance with census and statistics requirements can result in fines or, in severe cases, imprisonment. The exact penalties are not detailed within these Regulations but can be found in the relevant sections of the principal Act, where maximum penalties may be specified based on the nature and severity of the breach.