Commonwealth Coat of Arms of Australia

Statutory Rules

1975 No. 28

REGULATIONS UNDER THE CENSUS AND STATISTICS ACT 1905-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Census and Statistics Act 1905-1973.

Dated this nineteenth day of February, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

LIONEL BOWEN

Special Minister of State.

______

CENSUS REGULATIONS

Citation.

1. These Regulations may be cited as the Census Regulations.

Repeal.

2. The Census Regulations (being Statutory Rules 1970, No. 30) are repealed.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“Australian Capital Territory” includes the Jervis Bay Territory;

“Census day” means the day in the year 1976 appointed to be the Census day by proclamation under sub-section 8(2) of the Act;

“Householder’s Schedule” includes a personal slip;

“officer” means a person holding an office referred to in regulation 6;

“personal slip” means a personal slip referred to in regulation 17;

“ship” includes any vessel used in navigation by water;

“the Act” means the Census and Statistics Act 1905-1973.

Certain Territories to be deemed to be States.

4. For the purposes of these Regulations, the Australian Capital Territory and the Northern Territory shall each be deemed to be a State.

Division of Australia for the Census.

5. The Statistician shall, for the purpose of the taking of the Census—

(a) divide each State into Census Divisions;

(b) divide each Census Division into Census Sub-divisions; and

Appointment of officers.

6. (1) For the purpose of the taking of the Census, the Statistician shall appoint—

(a) a person to be the Australian Field Supervisor;

(b) a person to be the Chief Field Co-ordinator for Australia;

* Notified in the Australian Government Gazette on 25 February 1975.

(d) in respect of each Census Division, a person to be the Divisional Field Supervisor for the Division.

(2) The Statistician may appoint—

(a) a person to be the Assistant State Field Supervisor for a State; and

(b) a person to be the Clerk to the Divisional Field Supervisor for a Census Division.

(3) A power conferred on the Statistician by sub-regulation (1) or (2) to appoint a person to an office shall be deemed to have been duly exercised if the Statistician appoints the person holding, or performing the duties of, a specified office to that first-mentioned office.

(4) A Divisional Field Supervisor for a Census Division—

(a) shall appoint, in respect of each Census Sub-division in that Division, a person to be the Group Leader for the Sub-division;

(b) shall appoint, in respect of each Collection District in that Division, a person to be the Collector, or persons to be Collectors, for the District;

(d) may appoint persons as interpreters to assist the Group Leaders for the Census Sub-divisions in that Division and the Collectors for the Collection Districts or for specified dwellings in that Division in the performance of their duties under the Act and these Regulations.

(5) A State Field Supervisor for a State may—

(a) appoint a person to be the Collector for a specified dwelling, train, motor coach or aircraft; or

(b) appoint persons as clerical assistants to Divisional Field Supervisors for the Census Divisions in the State.

(6) A person may be appointed under this regulation to be—

(a) the Group Leader for more than 1 Census Sub-division;

(b) the Collector or a Collector for more than 1 Collection District; or

Tenure of office.

7. A person appointed under regulation 6 holds office during the pleasure of the person by whom he was appointed.

Remuneration of officers.

8. A person appointed under regulation 6 shall be paid, in respect of the performance of his duties under the Act and these Regulations, such remuneration as the Minister, on the recommendation of the Statistician, approves.

Form of undertaking.

9. For the purpose of section 7 of the Act, the prescribed form of undertaking of fidelity and secrecy is the form in the Schedule.

Duties of Australian Field Supervisor.

10. The Australian Field Supervisor shall—

(a) furnish advice to the Statistician on such matters relating to the taking of the Census as the Statistician requires;

(b) take all necessary action to ensure that sufficient persons are available for appointment as officers for the purpose of the taking of the Census;

(c) ensure that all instructions of the Statistician relating to the taking of the Census are furnished to officers in sufficient time before Census day;

(d) ensure that sufficient supplies of all documents and books necessary for the taking of the Census are furnished to officers before Census day;

(e) arrange for the payment to officers of the remuneration payable under regulation 8; and

(f) carry out such other duties in relation to the taking of the Census as the Statistician directs.

Duties of Chief Field Co-ordinator.

11. The Chief Field Co-ordinator for Australia shall assist the Australian Field Supervisor in the performance of the duties referred to in regulation 10.

Duties of State Field Supervisors, and Assistant State Field Supervisors.

12. (1) A State Field Supervisor for a State shall—

(a) make all necessary arrangements for the distribution and collection of Householder's Schedules in the State;

(b) cause the Householder's Schedules collected in the State to be forwarded to the Statistician as soon as practicable after their collection has been completed;

(d) carry out such other duties in relation to the taking of the Census as the Statistician directs.

(2) An Assistant State Field Supervisor for a State shall assist the State Field Supervisor for the State in the performance of the duties referred to in sub-regulation (1) and, during any illness or absence of that State Field Supervisor, shall perform those duties.

Duties of Divisional Field Supervisors, Clerks to Divisional Field Supervisors, Group Leaders and Collectors.

13. (1) A Divisional Field Supervisor, Group Leader or Collector shall carry out such duties in relation to the taking of the Census as the Statistician directs or as are prescribed by the Act or these Regulations.

(2) The Clerk to the Divisional Field Supervisor for a Census Division shall assist that Divisional Field Supervisor, as directed by that Divisional Field Supervisor, in the performance of the duties of that Divisional Field Supervisor.

Specific instructions to Collectors.

14. Where 2 or more persons are appointed under sub-regulation 6 (4) to be Collectors for a Collection District, the Divisional Field Supervisor for the Census Division, or the Group Leader for the Census Sub-division, in which the Collection District is included shall give instructions to those persons concerning the parts of the Collection District for which those persons shall respectively act as Collectors.

Matters to be included in Householder’s Schedule.

15. (1) Each of the following matters is, in relation to a dwelling, a prescribed matter for the purposes of paragraph 12 (c) of the Act:—

(a) the class of dwelling, that is to say, whether the dwelling is self-contained, not self-contained, an improvised home or other class of habitation;

(b) the number of dwellings in the building containing the dwelling; and

(2) In addition to the matters specified in sub-regulation (1), each of the following matters is, in relation to a dwelling (other than a hotel, motel, boarding-house, hospital, school, orphanage, gaol or other health, educational, welfare

or penal institution), a prescribed matter for the purposes of paragraph 12 (c) of the Act:—

(a) the date of construction of the dwelling;

(b) whether the dwelling is located in a building that is used also for non-residential purposes;

(d) the weekly rent, if any, payable in respect of the dwelling;

(e) if the dwelling is being purchased by the occupier or any member of his household, the source or sources of the mortgage or mortgages and the amount of the monthly repayments, or monthly equivalent of the repayments, made in respect of the mortgage or each of the mortgages;

(f) the number of motor vehicles owned or used by the occupier or any member of his household garaged or parked at or in the vicinity of the dwelling on the night of Census day;

(g) the facilities, namely, kitchen, bathroom, gas and electricity, available in the dwelling;

(h) the method of disposal of sewage;

(i) whether the dwelling is situated on a rural holding of a specified area;

(j) the source of water supply; and

(k) the main fuel used for each of the following, namely, cooking, home heating, water heating and lighting.

(3) Each of the following matters is, in relation to a person, a prescribed matter for the purposes of paragraph 12 (c) of the Act:—

(a) the person’s usual place of residence;

(b) the places of birth of the person’s parents;

(c) in the case of a person born abroad—whether the person is ordinarily resident in Australia or is a visitor to Australia;

(d) the person’s racial descent;

(e) in the case of a person who is a full-time or part-time student—the educational institution at which the person is enrolled;

(f) the person’s usual place of residence as at 30 June 1971 and as at 30 June 1975;

(g) in the case of a female who is or has been married—the number of her children;

(h) the qualifications or training of the person for a profession, trade or occupation;

(i) the person’s employment, including the kind of industry, business, trade, service or profession, the place of work and the hours worked;

(j) whether the person sought employment during the week immediately preceding Census day;

(k) whether the person has been away from home on a holiday of 1 week or more during the period of 12 months immediately preceding Census day;

(l) the language or languages used by the person;

(m) the range within which the weekly or annual income of the person falls;

(n) the effect of any handicap resulting from any serious long term illness or physical or mental condition of the person;

(o) the age at which the person left school;

(p) in the case of a child—the means (if any) by which the child is regularly minded during the day;

(q) whether the person is a member of any retirement benefits scheme;

(r) the kinds of social welfare benefits received by the person;

(s) whether the person's life is insured under a life insurance policy;

(t) whether the person is licensed to drive a motor vehicle or is licensed to ride a motor cycle; and

(u) the method or methods of travel used by the person in travelling to work.

Distribution of Householder’s Schedules.

16. (1) A Collector for a Collection District shall, on or before Census day, leave a Householder’s Schedule—

(a) if no other person has been appointed under sub-regulation 6 (4) to be a Collector for that Collection District—at each dwelling within that Collection District; or

(b) in any other case—at each dwelling within that part or those parts of that Collection District for which, in accordance with instructions given to him under regulation 14, he is to act as Collector.

(2) A Collector for a specified dwelling shall, on or before Census day, leave a Householder's Schedule at the dwelling.

(3) Except with the approval of the Divisional Field Supervisor for the Census Division, or the Group Leader for the Census Sub-division, in which the relevant dwelling is included, a Collector shall not leave a Householder’s Schedule at a dwelling earlier than 7 days before Census day.

(4) The Householder’s Schedule shall be left at a dwelling—

(a) by delivering it personally to the occupier of the dwelling;

(b) by delivering it to a person apparently in charge of the dwelling or residing at the dwelling;

(c) if no person is in the dwelling at the time the Collector calls at the dwelling—by placing it in the letter-box for the dwelling, under the door of the dwelling or in some other place where it is likely to come to the notice of the occupier;

(d) in the case of a ship, by delivering it personally to the master of the ship; or

(e) by such other means as the Australian Field Supervisor directs.

(5) A person, not being the occupier of the relevant dwelling, who receives the Householder’s Schedule left in respect of a dwelling, into whose hands the Householder’s Schedule left in respect of a dwelling comes or who receives notice of the fact that a Householder’s Schedule has been left at a dwelling shall deliver the Schedule to the occupier of the dwelling or give notice of the fact to the occupier of the dwelling, as the case requires.

Penalty for a contravention of this sub-regulation: $10.

Supply of particulars by persons who do not wish to provide information for inclusion in the Householder’s Schedule.

17. (1) Where a person does not wish to furnish to the occupier of a dwelling, or to the master of a ship, for insertion in the Householder’s Schedule for that dwelling or ship the particulars required to be furnished in respect of himself, the Collector shall supply to the occupier or master, as the case may be, for completion by that person, a personal slip containing the questions relating to the particulars in respect of a person that are required under section 12 of the Act to be specified in a Householder’s Schedule.

(2) A person who does not wish to furnish to the occupier of the dwelling, or to the master of a ship, for insertion in the Householder’s Schedule for that

dwelling or ship the particulars required to be furnished in respect of himself shall supply those particulars on a personal slip, sign the slip, seal it in an envelope and hand the envelope to the occupier or master.

Penalty: $20.

(3) The occupier of a dwelling or the master of a ship shall deliver each envelope handed to him in accordance with sub-regulation (2) to the Collector when delivering to the Collector the Householder’s Schedule for the dwelling or ship.

Penalty: $20.

(4) The occupier of a dwelling or the master of a ship shall not open, or permit another person to open, an envelope handed to him in accordance with sub-regulation (2) before the envelope is delivered to the Collector in accordance with sub-regulation (3).

Penalty for a contravention of this sub-regulation: $20.

Persons on trains, motor-coaches and aircraft.

18. (1) The Collector for a train, motor coach or aircraft shall leave with a person who is travelling on the train, motor coach or aircraft on the night of Census day a personal slip.

(2) A person with whom a personal slip is left in accordance with sub-regulation (1) shall, before leaving the train, motor coach or aircraft, supply on the personal slip the particulars required to be furnished in respect of himself, sign the slip and deliver it to the Collector.

Penalty for a contravention of this sub-regulation: $20.

Persons may be required to furnish particulars.

19. (1) Where a Collector has reason to believe—

(a) that a person did not reside in a dwelling, and was not travelling on a train, motor coach or aircraft, on the night of Census day; or

(b) that—

(i) a person is a person in respect of whom particulars are required to be furnished under the Act or these Regulations; and

(ii) no such particulars in respect of the person have been furnished,

the Collector shall require the person—

(c) to supply, in a Householder’s Schedule handed to the person by the Collector, the particulars in respect of the person that are required to be furnished; or

(d) to furnish to the Collector such particulars as are necessary to enable a Householder’s Schedule to be completed in respect of that person.

(2) A person shall comply with a requirement made under sub-regulation (1).

Penalty for a contravention of this sub-regulation: $20.

Obligation of persons in respect of whom particulars are not furnished.

20. Where the particulars required under the Act or these Regulations in respect of a person have not been included in a Householder’s Schedule or in a personal slip, that person shall, as soon as practicable after Census day, obtain from a post office or police station a Householder’s Schedule, supply in the Householder’s Schedule the particulars that are required to be furnished in respect of that person and deliver it in accordance with the instructions furnished with it.

Penalty: $20.

SCHEDULE Regulation 9

Census and Statistics Act 1905-1973

UNDERTAKING OF FIDELITY AND SECRECY

I, of , a person appointed under the Census Regulations to the office of , hereby undertake that, in connexion with the taking of the Census in the year 1976—

(a) I will faithfully and to the best of my ability execute the powers conferred, and carry out the duties imposed, on me under the Census and Statistics Act 1905-1973, the Census Regulations or the directions or instructions issued in pursuance of that Act or those Regulations;

(b) I will not desert from my duty;

(d) I will not, wilfully and without lawful authority, alter any document or form under that Act or those Regulations;

(e) I will not wilfully sign any untrue document or form; and

(f) I will not, except as allowed by that Act or those Regulations, divulge the contents of any form filled up, or any information furnished, in pursuance of that Act or those Regulations.

Dated this day of 197

(Signature)

Signed in my presence—

(Signature of witness)

NOTES:—(1) Section 22 of the Census and Statistics Act 1905-1973 provides that an officer who, after having signed the prescribed undertaking, deserts from his duty, or refuses or wilfully neglects, without just excuse, to perform the duties of his office, commits an offence punishable, upon conviction, by a fine not exceeding $40.

(2) Section 23 of the Census and Statistics Act 1905-1973 provides that an officer who wilfully or without lawful authority alters any document or form under that Act or wilfully signs any untrue document or form commits an offence punishable, upon conviction, by a fine not exceeding $100.

(3) Section 24 of the Census and Statistics Act 1905-1973 provides that an officer who, except as allowed by that Act, divulges the contents of any form filled up, or any information furnished in pursuance to that Act or, at the request of the Statistician, for statistical purposes, commits an offence punishable, upon conviction, by a fine not exceeding $100.