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Census and Statistics Act 1905

  • - C2004C02660
  • In force - Superseded Version
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Act No. 15 of 1905 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 24 Nov 2009
Start Date 31 Dec 1973
End Date 27 Feb 1977

CENSUS AND STATISTICS ACT 1905
- Reprinted as at 19 December 1973 (HISTACT CHAP 1949 #DATE 19:12:1973)

CENSUS AND STATISTICS ACT 1905-1973 - TABLE OF PROVISIONS

TABLE


CENSUS AND STATISTICS ACT 1905-1973

TABLE OF PROVISIONS

PART I-INTRODUCTORY
Section
1. Short title
2. (Repealed)
3. Definitions

PART II-ADMINISTRATION

4. Appointment of Statistician
5. Power of Statistician to delegate
6. Arrangements with State Governments as to execution of Act
7. Undertaking of fidelity and secrecy

PART III-THE CENSUS

8. Taking of Census
9. Statistician to take steps for collection of census
10. Forms to be left at dwellings
11. Occupiers to fill up Householders' Schedules
12. Particulars in Schedule
13. Collectors to assist in filling up Schedules
14. Duty of persons to supply information to collectors
15. Returns of persons not abiding in dwellings
15A. Publication of returns

PART IV-STATISTICS

16. Statistics to be collected
17. Forms to be filled up
18. Duty of persons to answer questions
19. Powers of entry and inspection
20. Publication of statistics

PART V-MISCELLANEOUS

21. Person not bound to state his religion
22. Desertion by officers
23. Untrue returns by officers
24. Officers and occupiers to observe secrecy
25. Forgery of forms
26. Penalty for false returns or answers
27. Regulations

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 1.
Short title.

SECT

CENSUS AND STATISTICS ACT 1905-1973

An Act relating to the Census and Statistics of the Commonwealth.

PART I-INTRODUCTORY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Census and Statistics Act 1905-1973.*
Section 2 repealed by No. 216, 1973, s. 3.
* * * * * * * *

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 3.
Definitions.

SECT

Amended by No. 33, 1920, s. 2.
3. In this Act, unless the contrary intention appears-

''Dwelling'' means a building, erection, or tenement, whether permanent or temporary, which is wholly or partly used for the purpose of human habitation and includes any ship or other vessel in any port of the Commonwealth or in any inland waters thereof, or any ship or vessel on a passage between any two Commonwealth ports.

''Factory'' means any work, mill, or establishment, used for the purpose of manufacturing treating or preparing any article.

''Occupier'' includes every governor, superintendent, officer in charge, or keeper, of any gaol, prison, hospital, lunatic asylum, or public or charitable institution.

''The Statistician'' means the Commonwealth Statistician.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 4.
Appointment of Statistician.

SECT

PART II-ADMINISTRATION
4.* The Governor-General may appoint a Commonwealth Statistician, who shall have such powers and perform such duties as are conferred or imposed on him by this Act or the regulations.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 5.
Power of Statistician to delegate.

SECT

Sub-section (1) amended by No. 216, 1973, s. 3.
5. (1) The Statistician, in relation to any particular matters or class of matters or to any particular State or part of the Commonwealth, with the approval of the Minister, may, by instrument under his hand, delegate any of his powers under this Act or the regulations (except this power of delegation) so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters or the State or part of the Commonwealth specified in the instrument of delegation.

(2) Every delegation shall be revocable in writing, at will, and no delegation shall affect the exercise or performance by the Statistician of any power or duty.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 6.
Arrangements with State Governments as to execution of Act.

SECT

6.* (1) The Governor-General may enter into any arrangement with the Governor of any State providing for any matter necessary or convenient for the purpose of carrying out or giving effect to this Act and in particular for all or any of the following matters:-

(a) The execution by State Officers of any power or duty conferred or imposed on any officer under this Act or the regulations;

(b) The collection by any State Department or officer of any statistical or other information required for the purpose of carrying out this Act; and

(c) The supplying of statistical information by any State Department or officer to the Statistician.

(2) All State Officers executing any power or duty conferred or imposed on any officer under this Act or the regulations, in pursuance of any arrangement entered into under this section, shall for the purposes of the execution of that power or duty be deemed to be officers under this Act.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 7.
Undertaking of fidelity and secrecy.

SECT

Amended by No. 33, 1920, s. 3.
7. Every officer executing any power or duty conferred or imposed on any officer under this Act or the regulations, shall, before entering upon his duties or exercising any power under this Act, sign, in the presence of a witness, an undertaking of fidelity and secrecy in accordance with the prescribed form.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 8.
Taking of Census.

SECT

PART III-THE CENSUS
Cf. N.S.W. 1900, No. 65, s. 3. Sub-section (1) amended by No. 18, 1930, s. 2.
8.* (1) The Census shall be taken in the year One thousand nine hundred and eleven and in every tenth year thereafter or at such other time as is prescribed.

(2) The Census day shall be a day appointed for that purpose by proclamation.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 9.
Statistician to take steps for collection of census.

SECT

9. It shall be the duty of the Statistician, subject to the regulations and to the directions of the Minister, to prepare and issue forms and instructions, and take all necessary steps for the taking and collection of the Census.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 10.
Forms to be left at dwellings.

SECT

Cf. ib. ss. 6, 7.
10. (1) For the purpose of taking the Census, a form called the Householder's Schedule shall be prepared, and left, in accordance with the regulations, at every dwelling throughout the Commonwealth.
Amended by No. 33, 1920, s. 4.

(2) Where a building is let, sublet, or held in different apartments and occupied by different persons or families, each part so let, sublet, or held and used for the purpose of human habitation shall be deemed a dwelling.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 11.
Occupiers to fill up Householders' Schedules.

SECT

Cf. ib. s. 8. Amended by No. 93, 1966, s. 3.
11. Every occupier of a dwelling, with or for whom a Householder's Schedule has been left, shall, to the best of his knowledge and belief, fill up and supply therein, in accordance with the instructions contained in or accompanying the Schedule, all the particulars specified therein, and shall sign his name thereto and shall deliver the Schedule so filled up and signed to the Collector authorized to receive it.

Penalty: Twenty dollars.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 12.
Particulars in Schedule.

SECT

Amended by No. 74, 1946, s. 2.
12. The particulars to be specified in the Householder's Schedule shall include the particulars following:-

(a) the name, sex, age, condition as to, and duration of, marriage, relation to head of the household, profession or occupation, religion and birthplace, and (where the person was born abroad) length of residence in Australia and nationality of every person abiding in the dwelling during the night of the Census Day;

(b) the material of the dwelling and the number of rooms contained therein;

(c) any other prescribed matters.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 13.
Collectors to assist in filling up Schedules.

SECT

Cf. N.S.W. 1900, No. 65, s. 9. Amended by No. 33, 1920, s. 5.
13. It shall be the duty of each Collector if requested to assist occupiers of dwellings in filling up the Householder's Schedule, and to satisfy himself by inquiries from occupiers of dwellings or other persons that the Householder's Schedule has been correctly filled up.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 14.
Duty of persons to supply information to collectors.

SECT

Cf. ib. 21 (e). Amended by No. 93, 1966, s. 3.
14. Every person shall, to the best of his knowledge and belief, answer all questions asked him by a Collector necessary to obtain any information required to be filled up and supplied in the Householder's Schedule.

Penalty: Twenty dollars.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 15.
Returns of persons not abiding in dwellings.

SECT

Cf. ib. s. 7 (4). Amended by No. 33, 1920, s. 6; and No. 93, 1966, s. 3.
15. (1) The Statistician shall obtain such returns and particulars as are prescribed with respect to persons who, during the night of the Census Day were not abiding in any dwelling.

(2) Every person shall, on being required by the Statistician so to do, furnish to the best of his knowledge and belief any prescribed particulars relating to persons who were not abiding on the night of the Census Day in any dwelling.

Penalty for any offence against this sub-section: Twenty dollars.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 15A.
Publication of returns.

SECT

Inserted by No. 33, 1920, s. 7.
15A. (1) The Statistician shall compile and tabulate the Census returns collected pursuant to this Act and shall publish the results so obtained or abstracts thereof, as the Minister directs, with observations thereon.

(2) All results or abstracts prepared for publication and the Statistician's observations thereon (if any) shall be laid before both Houses of the Parliament.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 16.
Statistics to be collected.

SECT

PART IV-STATISTICS
Amended by No. 17, 1938, s. 3.
16. The Statistician shall, subject to the regulations and the directions of the Minister, collect, at least annually, statistics in relation to all or any of the following matters:-

(a) Population;

(b) Vital, social, and industrial matters;

(c) Employment and non-employment;

(d) Imports and exports;

(e) Inter-State trade;

(f) Postal and telegraphic matters;

(g) Factories, mines, and productive industries generally;

(h) Agricultural, horticultural, viticultural, dairying, and pastoral industries;

(i) Banking, insurance, and finance;

(j) Railways, tramways, shipping, and transport;

(k) Land tenure and occupancy; and

(l) Any other prescribed matters.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 17.
Forms to be filled up.

SECT

Substituted by No. 34, 1949, s. 3. Sub-section (1) amended by No. 93, 1966, s. 3.
17. (1) For the purpose of enabling the statistics referred to in this Part to be collected, the Statistician may require a person to fill up and supply, in accordance with the instructions contained in or accompanying a form supplied to that person by the Statistician, the particulars specified in that form, and that person shall, to the best of his knowledge, comply with the requirement.

Penalty: Twenty dollars.

(2) A prosecution for a contravention of this section shall not be instituted without the consent of the Minister.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 18.
Duty of persons to answer questions.

SECT

Substituted by No. 216, 1973, s. 3.
18. (1) A person shall, to the best of his knowledge and belief, answer all questions asked him by the Statistician or an officer authorized in writing by the Statistician that are necessary to obtain any information required for the purposes of any statistics authorized by this Act to be collected.

Penalty: Twenty dollars.

(2) A prosecution for a contravention of sub-section (1) shall not be instituted without the consent of the Minister.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 19.
Powers of entry and inspection.

SECT

Cf. N.S.W. 1900, No. 65, s. 19.
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 authorized 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 connexion with it, and may make such inquiries as are prescribed or allowed by the regulations.
Amended by No. 93, 1966, s. 3.

(2) No person shall hinder or obstruct the Statistician or any officer authorized in writing by him in the execution of any power conferred by this section.

Penalty: Twenty dollars.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 20.
Publication of statistics.

SECT

Cf. Canada, 1886, ch. 59, s. 11.
20. (1) The Statistician shall compile and tabulate the statistics collected pursuant to this Act and shall publish such statistics or abstracts thereof, as the Minister directs, with observations thereon.*

(2) All statistics or abstracts prepared for publication and the Statistician's observations thereon (if any) shall be laid before both Houses of the Parliament.
Added by No. 34, 1949, s. 4.

(3) This section shall not authorize the publication of any matter the publication of which by the Statistician otherwise than under this section would be a contravention of section twenty-four of this Act.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 21.
Person not bound to state his religion.

SECT

PART V-MISCELLANEOUS
Cf. N.S.W. 1900, s. 21 (2)
21. No person shall be liable to any penalty for omitting or refusing to state the religious denomination or sect to which he belongs or adheres.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 22.
Desertion by officers.

SECT

Cf. ib. s. 23.
Amended by No. 33, 1920, s. 8; and No. 93, 1966, s. 3.
22. No officer, after having signed the prescribed undertaking, shall desert from his duty, or shall refuse or wilfully neglect, without just excuse, to perform the duties of his office.

Penalty: Forty dollars.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 23.
Untrue returns by officers.

SECT

Cf. ib. s. 23 (b). Amended by No. 93, 1966, s. 3.
23. No officer shall wilfully or without lawful authority alter any document or form under this Act or shall wilfully sign any untrue document or form.

Penalty: One hundred dollars.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 24.
Officers and occupiers to observe secrecy.

SECT

Cf. ib. s. 24.
Substituted by No. 34, 1949, s. 5; amended by No. 93, 1966, s. 3.
24. The Statistician, an officer, or the occupier of a dwelling, shall not, except as allowed by this Act, divulge the contents of any form filled up, or any information furnished-

(a) in pursuance of this Act; or

(b) at the request of the Statistician, for statistical purposes.

Penalty: One hundred dollars.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 25.
Forgery of forms.

SECT

25. Any person who forges, or utters knowing it to be forged, any form or document under this Act, shall be guilty of an indictable offence, and liable to imprisonment for a term not exceeding three years.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 26.
Penalty for false returns or answers.

SECT

Cf. ib. s. 21 (d).
Amended by No. 93, 1966, s. 3.
26. No person shall knowingly make in any form or document filled up or supplied in pursuance of this Act or in answer to any question asked him under the authority of this Act any statement which is untrue in any material particular.

Penalty: One hundred dollars.

CENSUS AND STATISTICS ACT 1905-1973 - SECT. 27.
Regulations.

SECT

Amended by No. 33, 1920, s. 10; and No. 93, 1966, s. 3.
27. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters and things which, by this Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and in particular for prescribing penalties not exceeding One hundred dollars for breaches of the regulations.
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CENSUS AND STATISTICS ACT 1905-1973 - NOTES


NOTES
1. The Census and Statistics Act 1905-1973 comprises the Census and Statistics Act 1905 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of Assent commencement
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Census and Statistics Act
1905 No. 15, 1905 8 Dec 1905 8 Dec 1905
Census and Statistics Act
1920 No. 33, 1920 11 Oct 1920 11 Oct 1920
Census and Statistics Act
1930 No. 18, 1930 21 July 1930 21 July 1930
Census and Statistics Act
1938 No. 17, 1938 5 July 1938 5 July 1938
Census and Statistics Act
1946 No. 74, 1946 14 Dec 1946 11 Jan 1947
Census and Statistics Act
1949 No. 34, 1949 12 July 1949 12 July 1949
Statute Law Revision
(Decimal
Currency) Act 1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2.-S. 4-Sub-section 5 (3) of the Statistics (Arrangements with States) Act 1956-1958 provides that an arrangement may be made between the Commonwealth and a State whereby the Government Statistician of that State may be appointed to the position of Commonwealth Statistician under section 4 of the Census and Statistics Act and may continue to hold his State office.
3.-S. 6-Section 5 of the Statistics (Arrangements with States) Act 1956-1958 makes provision for arrangements to be made between the Commonwealth and the States relating, inter alia, to the collection of statistics.
4.-S. 8-The first Census under this Act was taken on 3 April 1911, the second on 4 April 1921, the third on 30 June 1933, the fourth on 30 June 1947, the fifth on 30 June 1954, the sixth on 30 June 1961, the seventh on 30 June 1966 and the eighth on 30 June 1971.
5.-S. 20 (1)-Section 10A of the Evidence Act 1905-1973 provides as follows:-

''10A. (1) The mere production of a document purporting to be published by the Statistician and to contain statistics or abstracts thereof compiled and tabulated by the Statistician pursuant to the Census and Statistics Act 1905-1930 shall in all Courts be evidence that those statistics or abstracts were compiled and tabulated by the Statistician pursuant to that Act.

''(2) In this section, 'the Statistician' means the Commonwealth Statistician appointed under section four of the Census and Statistics Act 1905-1930, and includes any person to whom the Statistician has, under section five of that Act, delegated the power to compile, tabulate and publish the statistics collected pursuant to that Act.''