PART 2 — ADMINISTRATION
Appointment of Statistician
4. (1) The Minister shall appoint a person to be the Statistician for the Territory.
(2) The Statistician holds office during the pleasure of the Minister.
Delegation by the Statistician
5. (1) With the approval of the Minister, the Statistician may, by writing under his hand, in relation to a matter or class of matters, delegate any of his powers or functions under this Act (except this power of delegation).
(2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Statistician.
PART 3 — CENSUS
Taking of the census
6. The census shall be taken in the year 1981 and at such other times as are prescribed.
Statistician to take steps for collection of the census
7. It is the duty of the Statistician, subject to the directions of the Minister, to prepare and issue forms and instructions, and to take all necessary steps, for the taking and collection of the census in a census year.
Division of the Territory for the census
8. (1) The Statistician may, for the purposes of the taking and collection of the census in a census year, divide the Territory into such Collector’s Districts as he considers necessary.
(2) Where the Territory is not divided into Collector's Districts under subsection 8(1) for the purposes of the taking and collection of the census in a census year, the whole of the Territory shall be deemed to be a Collector’s District for those purposes in that census year.
Appointment of officers
9. (1) For the purposes of the taking and collection of the census in a census year —
(a) the Minister shall appoint a person to be the Field Supervisor for the Territory; and
(b) the Field Supervisor for the Territory shall appoint, in respect of each Collector’s District, a person to be the Collector for that District.
(2) A person appointed under this section holds office during the pleasure of the person by whom he has been appointed.
(3) A person appointed under this section shall be paid, in respect of the performance of his duties under this Act, such remuneration as the Minister approves.
. . . .
Duties of Field Supervisor
11. Subject to this Act and to any directions duly given him by the Statistician, the Field Supervisor shall —
(a) make all necessary arrangements for the taking and collection of the census in the Territory in the census year in relation to which he is appointed;
(b) obtain an accurate record of the population in the Territory; and
(c) forward that record, together with such summaries of that record as the Statistician directs, to the Statistician as soon as possible after that record or those summaries have been obtained.
Duties of Collectors
12. Each Collector shall carry out such duties in relation to the taking and collection of the census in the census year in relation to which he is appointed as are prescribed by this Act or as the Statistician directs.
Householder’s Schedule
13. (1) For the purpose of taking the census, a form called a Householder’s Schedule shall be prepared specifying the particulars required in relation to —
(a) a dwelling; and
(b) a person,
in respect of the matters specified in subsections 13(2), 13(3) and 13(4).
(2) For the purposes of subsection 13(1), each of the following matters is, in relation to a dwelling, a matter in respect of which particulars are required:
(a) the type of dwelling, that is to say, whether the dwelling is a house, flat or another type of dwelling;
(b) if the dwelling is of a type other than a house or flat - a description of the type of the dwelling;
(c) the material of which the outer walls of the dwelling are constructed;
(d) the number of rooms in the dwelling;
(e) the principal purpose for which each of those rooms is used;
(f) the address of the dwelling.
(3) In addition to the matters specified in subsection 13(2), each of the following matters is, in relation to a dwelling (other than a hotel, motel, boarding-house, hospital, school, orphanage, goal or other health, educational, welfare or penal institution), a matter in respect of which particulars are required:
(a) the nature of the legal right by which the occupier of the dwelling occupies the dwelling;
(b) if the dwelling is rented —
(i) the weekly rent payable for the dwelling; and
(ii) whether the dwelling is rented furnished or unfurnished;
(c) if the dwelling has been purchased by the occupier of the dwelling, or by any member of his household, with the assistance of a loan - the amount of the monthly repayments (including interest), or the monthly equivalent of the repayments (including interest), payable in respect of each such loan;
(d) the method of disposal of sewage from the dwelling;
(e) if the dwelling is situated on a rural holding —
(i) the principal purpose for which the holding is used; and
(ii) the area of the holding;
(f) the source of water supply to the dwelling;
(g) the main fuel, or source of power, used for household purposes in the dwelling.
(4) For the purposes of subsection 13(1), each of the following matters is, in relation to a person, a matter in respect of which particulars are required:
(a) the name of the person;
(b) the sex of the person;
(c) the age of the person;
(d) the relationship of the person to the head of the household of the dwelling in which the person is residing;
(e) whether the person has ever been married;
(f) if the person has been married —
(i) whether the spouse of the person is alive;
(ii) whether the person is permanently separated from the person's spouse; and
(iii) whether the person has been divorced and is not, on the census day, married;
(g) the place of birth of the person, and if the person was not born in the Territory —
(i) the year in which the person first entered the Territory; and
(ii) the country where the person was born;
(h) the nationality or citizenship of the person;
(i) the person’s usual place of residence;
(ia) the person’s status under the Immigration Act 1980;
(j) whether the person is descended from a person who lived on Pitcairn Island before 1856;
(k) the qualifications or training of the person for a profession, trade or occupation;
(l) if the person has a source of income —
(i) the total of the gross income which the person usually receives from all sources weekly or annually; and
(ii) the nature of each of those sources of income;
(m) if the person is handicapped by a chronic illness or physical or mental condition - the effects of that handicap on the way of life of the person;
(n) whether the person pays money to receive retirement benefits;
(o) if the person receives retirement, or social service, benefits - the nature of each of those benefits;
(p) the principal work or activity normally undertaken by the person, that is to say, whether the person —
(i) is normally in business or employment;
(ii) normally undertakes unpaid home duties;
(iii) is legally obliged to attend school; or
(iv) normally undertakes an activity not referred to in subparagraph 13(p)(i), 13(p)(ii) or 13(p)(iii);
(q) if the person normally undertakes an activity not referred to in subparagraph 13(p)(i), 13(p)(ii) or 13(p)(iii) - a description of the principal activity normally undertaken by the person;
(r) if the person is above school leaving age - whether the person ever attended school;
(s) if the person has left school - the age at which the person left school;
(t) whether in the week immediately before the census day the person had a full-time or part-time job, in employment or otherwise, other than unpaid home duties (whether or not the person worked in the job);
(u) whether in that week the person worked in a job, in employment or otherwise, other than unpaid home duties;
(v) if in that week the person worked in an industry, a business, government service or another service, other than unpaid home duties - the nature of that industry, business, government service or other service;
(w) if in that week the person worked in a job, other than unpaid home duties - the nature of that job;
(x) if in that week the person worked in a job, other than unpaid home duties - the number of hours the person worked in the job in that week;
(y) whether in that week the person sought employment;
(z) the religious denomination of the person.
Distribution of Householder’s Schedules
14. (1) For the purposes of the taking and collection of the census in a census year, a Collector shall leave a Householder’s Schedule at each occupied dwelling within the Collector’s District.
(2) Except with the approval of the Field Supervisor for the Territory, a Collector shall not leave a Householder’s Schedule at a dwelling earlier than 7 days before the census day or after the census day, to which it relates.
(3) A Collector shall leave the Householder’s Schedule 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; or
(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 a door of the dwelling or in some other place where it is likely to come to the notice of the occupier.
(4) A person, not being the occupier of a dwelling, who receives a Householder’s Schedule, into whose hands a Householder’s Schedule 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 or give notice of that fact to the occupier, as the case requires.
Penalty for a contravention of this subsection:.50 penalty unit.
Delivery of Householder’s Schedules to ships
15. (1) The Collector for a Collector’s District in which a port is included shall leave a Householder’s Schedule with the master of each ship that is in the port on the census day in a census year.
(2) Where a ship is on a passage between any 2 ports in the Territory on the census day in a census year and a Householder’s Schedule was not left with the master of the ship before that census day, the Collector for the Collector’s District in which the port at which the ship first arrives after that census day is included shall leave a Householder’s Schedule with the master of the ship.
Occupiers to fill up Householder’s Schedules
16. The occupier of a dwelling, or the master of a ship, with or for whom a Householder’s Schedule relating to the taking of the census on a census day has been left shall —
(a) to the best of his knowledge and belief, fill up and furnish in the Schedule, in accordance with the instructions contained in or accompanying the Schedule, all the particulars specified in the Schedule in relation to the dwelling and in relation to every person who is residing in the dwelling or on the ship on the night of the census day;
(b) sign his name on the Schedule; and
(c) deliver the Schedule, when so filled up and signed, to a Collector authorised to receive it.
Penalty: 1 penalty unit.
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 that Schedule in respect of himself, the Collector shall supply to the occupier, for completion by that person, a personal slip containing the questions relating to the matters in respect of a person that are required to be specified in a Householder’s Schedule under section 13.
(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 so required to be furnished in respect of himself shall supply those particulars on the personal slip, shall sign the slip, seal it in an envelope and hand the envelope to the occupier or master, as the case may be.
Penalty: 1 penalty unit.
(3) The occupier of a dwelling or the master of a ship shall deliver each envelope handed to him in accordance with subsection (2) to the Collector when delivering to the Collector the Householder’s Schedule for the dwelling or ship.
Penalty for a contravention of this subsection: 1 penalty unit.
Persons may be required to furnish particulars
18. (1) Where a Collector has reason to believe —
(a) that a person did not reside in a dwelling on the night of the census day in a census year; or
(b) that a person —
(i) is a person in respect of whom the particulars specified in a personal slip are required to be furnished under this Act; and
(ii) no such particulars in respect of the person have been so furnished,
the Collector shall require the person —
(c) to supply, in a personal slip handed to the person by the Collector, the particulars in respect of the person specified in the slip; or
(d) to furnish to the Collector such particulars as are necessary to enable a personal slip to be completed in respect of that person.
(2) A person shall not fail to comply with a requirement made under subsection 18(1).
Penalty for an offence against this subsection:1 penalty unit.
(3) The Statistician may require a person to furnish, with respect to another person who was in the Territory on the night of the census day in a census year but did not reside in a dwelling on that night, particulars of any of the matters relating to a person that are specified in a Householder’s Schedule.
(4) A person shall not fail to comply, to the best of his knowledge and belief, with a requirement made under subsection 18(3).
Penalty for an offence against this subsection:1 penalty unit.
Obligation of persons in respect of whom particulars are not furnished
19. Where the particulars required under this Act in respect of a person have not been included in a Householder’s Schedule or in a personal slip that has been furnished to an occupier of a dwelling, to the master of a ship or to a Collector, that person shall, as soon as practicable after the census day in a census year, attend at a post office or police station and there furnish the particulars in respect of himself specified in a Householder’s Schedule.
Penalty: 1 penalty unit.
Collection of Schedules
20. A Collector shall, as soon as practicable after the census day in a census year, call at each dwelling in the Collector’s District for which he has been appointed and collect the Householder's Schedules and the personal slips in respect of that dwelling.
Particulars with respect to uninhabited dwellings
21. Where a Collector finds that a dwelling is uninhabited on the census day in a census year, the Collector shall —
(a) supply, on a Householder’s Schedule, such of the particulars in relation to a dwelling as are specified in that Schedule and he can ascertain by observation and inquiry;
(b) write on the Schedule the word “unoccupied” and such brief particulars of the reasons why the dwelling is uninhabited as he can ascertain by inquiry; and
(c) sign the Schedule.
Collectors to assist in filling up Schedules
22. It is the duty of a Collector —
(a) to assist a person who requests him so to do in filling up a Householder’s Schedule; and
(b) to satisfy himself by inquiries from the occupiers of dwellings or other persons that the Householder’s Schedules collected by him have been correctly filled up.
Persons to supply information to Collectors
23. A person shall answer, to the best of his knowledge and belief, a question asked him by a Collector, being a question relevant to any information that the Collector is required to obtain for the purpose of the taking and collection of the census in a census year.
Penalty: 1 penalty unit.
PART 4 — STATISTICS
Collection of statistics
23A. The Statistician shall, subject to the Regulations and in accordance with the directions (if any) of the Minister, collect statistics in relation to all or any of the following matters:
(a) population;
(b) employment and non-employment;
(c) imports and exports;
(d) postal and telegraphic matters;
(e) agricultural, horticultural, viticultural, dairying and pastoral industries;
(f) banking, insurance and finance;
(g) shipping and transport;
(h) land tenure and occupancy;
(i) water conservation and supply;
(j) taxation;
(k) wages, earnings and conditions of employment;
(l) superannuation, provident and pension schemes;
(m) public health and quarantine;
(n) sickness, diseases and injuries;
(o) accidents;
(p) education;
(q) fishing, poultry and apicultural industries;
(r) quarries;
(s) forestry;
(t) prices, rents, household and family budgets;
(u) housing;
(v) erection, alteration and repair of buildings and other constructional activity;
(w) wireless, radio and telephone matters;
(x) migration;
(y) wholesale and retail business;
(z) trade and commerce;
(za) investment;
(zb) overseas transactions;
(zc) assets, liabilities and financial and business operations and transactions;
(zd) entertainments and amusements including sports, recreation and cultural activities;
(ze) commercial, professional, personal, household and other services.
Appointment of officers
23B. (1) For the purpose of the collection of statistics under this Act, the Minister may appoint such officers as he thinks fit.
(2) A person appointed under this section holds office during the pleasure of the Minister.
(3) A person appointed under this section shall be paid, in respect of the performance of his duties under this Act, such remuneration as the Minister approves.
Duties of officers
23C. Each officer appointed under section 23B shall perform such duties in relation to the collection of statistics under this Act as are prescribed or as the Statistician directs.
Completion of forms
23D. For the purpose of enabling the collection of statistics under this Act, the Statistician may require a person to 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: 1 penalty unit.
Requirement under section 23D
23E. (1) A requirement of the Statistician under section 23D shall be in writing and may be made —
(a) in the case of a requirement on a person other than a body corporate, by delivering it personally or by leaving it at or by sending it by prepaid post to, that person's usual or last known place of residence or business; or
(b) in the case of a requirement on a body corporate, by delivering it to, or sending it by prepaid post to, the registered office of the body corporate or to any office at which the body corporate carries on business.
(2) The form and instructions referred to in section 23D shall be supplied to the person or body corporate with a requirement specified in subsection 23E(1).
(3) The requirement or the instructions shall specify a date on or before which the particulars specified in the form are to be supplied and the place and the person to whom those particulars are to be supplied.
Evidentiary provisions
23F. (1) In a prosecution for an alleged offence under section 23D, a certificate purporting to have been signed by the Statistician shall, unless the contrary is proved, be deemed to have been duly signed by the Statistician.
(2) For the purpose of a prosecution for an alleged offence under section 23D, the Statistician may certify —
(a) that a document annexed to the certificate is a true copy of a requirement made of the defendant under section 23D;
(b) that a form annexed to the certificate is a true copy of the form supplied to the defendant with the requirement;
(c) that a document annexed to the certificate is a true copy of the instructions that were contained in or accompanied the form; and
(d) that the requirement and the form were delivered to, left for, or sent to the defendant in accordance with section 23E,
and such a certificate shall be evidence of the facts stated in the certificate.
(3) The person to whom particulars were, in accordance with the requirement or instructions, to have been supplied may certify that the particulars were not so supplied, and such a certificate shall, unless the contrary is proved, be deemed to have been signed by that person and shall be evidence of the facts stated in the certificate.
Duty of persons to answer questions
23G. A person shall, to the best of his knowledge and belief answer all questions asked him by the Statistician or an officer appointed under section 23B that are necessary for the purpose of the collection of any statistics under this Act.
Penalty: 1 penalty unit.
Powers of entry and inspection
23H. For the purpose of making any inquiries or observations necessary for the proper exercise of his powers or performance of his functions under this Act, the Statistician or any officer appointed under section 23B may, at any time during working hours, enter any factory, workshop or place where persons are employed and inspect any part of it, and all plant and machinery used in connection with it.
PART 5 — MISCELLANEOUS
Undertaking of fidelity and secrecy
23J. The Statistician and each officer shall, before exercising any power or performing any duty conferred or imposed upon him under this Act, sign, in the presence of a witness, an undertaking of fidelity and secrecy in accordance with the form in the Schedule.
Failure by officers to perform duties
24. An officer who has signed an undertaking referred to in section 23J shall not refuse or wilfully neglect, without just excuse, to perform the duties of his office.
Penalty: 2 penalty units.
Untrue returns by officers
25. An officer shall not wilfully or without lawful authority alter a document or form under this Act or sign a document or form that, to his knowledge, contains a false statement.
Penalty: 5 penalty units.
Officers to observe secrecy
26. The Statistician, an officer or the occupier of a dwelling shall not, except as permitted by this Act, divulge the contents of a form filled up, or any information furnished for the purpose of the taking and collection of a census.
Penalty: 5 penalty units.
Penalty for false returns or answers
27. A person shall not, in a form or document filled up or furnished for the purpose of the taking and of the census or the collection of statistics, or in an answer to a question asked him under the authority conferred by this Act, make a statement that, to his knowledge, is untrue in a material particular.
Penalty: 5 penalty units.
Forgery of forms
28. (1) A person who forges, or utters knowing it to be forged, a form or document under this Act is guilty of an offence against this section.
(2) An offence against this section may be tried by the Supreme Court or by the Court of Petty Sessions, but an offender is not liable to be punished more than once in respect of the same offence.
(3) The punishment for an offence against this section is —
(a) if the offence is tried by the Supreme Court - imprisonment for a term not exceeding 3 years; or
(b) if the offence is tried by the Court of Petty Sessions - imprisonment for a term not exceeding 6 months.
Person not bound to state his religion
29. A person is not liable to a penalty for omitting or refusing to state the religious denomination or sect to which he belongs or adheres.
Publication
30. (1) The Statistician shall compile and tabulate the information collected in pursuance of this Act, and shall publish such statistics and abstracts of that information as the Minister directs.
(2) The Statistician may publish such observations as he thinks fit on any statistics or abstracts published by him under subsection 30(1).
(3) Statistics and abstracts of information collected in pursuance of this Act may be published in conjunction with any statistics or abstracts of information collected by the Commonwealth Statistician, or by the Statistician of another Territory of the Commonwealth, in pursuance of a law relating to the taking and collection of the census in the Commonwealth or in that other Territory.
(4) Nothing in this section authorises the Statistician to disclose the identity of any person who supplied any information in the course of the taking of the census or in the course of the collection of statistics under this Act.
Regulations
31. The Administrator may make Regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, prescribing penalties not exceeding a fine of 5 penalty units for offences against the Regulations.
SCHEDULE Section 23J
Census and Statistics Act 1961
UNDERTAKING OF FIDELITY AND SECRECY
I, , of ,
a person appointed under the Census and Statistics Act 1961 hereby undertake that in connection with the taking of the census in the year 20 [or the collection of statistics] —
(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 1961 and the instructions issued in pursuance of that Act;
(b) I will not desert from my duty;
(c) I will not, without just excuse, refuse or neglect to perform the duties of my office;
(d) I will not, wilfully or without lawful authority, alter any document or form under that Act;
(e) I will not wilfully sign any untrue document or form; and
(f) I will not, except as allowed by that Act, divulge the contents of any form filled up, or any information furnished, in pursuance of that Act.
Dated this day of , 20 .
(Signature)
Signed in my presence
(Signature and address of witness)
| _______________________________________________________________________ |
NOTES
The Census and Statistics Act 1961 as shown in this consolidation comprises Act No. 2 of 1961 and amendments as indicated in the Tables below.
| Enactment | Number and year | Date of commencement | Application saving or transitional provision |
| | | | |
| Census Act 1961 | 2, 1961 | 25.5.61 | |
| | | | |
| Census Act 1966 | 10, 1966 | 30.6.66 | |
| | | | |
| Census Act 1971 | 3, 1971 | 3.6.71 | |
| | | | |
| Ordinances Citation Act 1976 | 11, 1976 | 25.11.76 | |
| | | | |
| Census and Statistics (Amendment) Act 1978 | 9, 1978 | 19.10.78 | |
| | | | |
| Interpretation Act 1979 | 10, 1979 | 7.8.79 | 5 |
| | | | |
| Census and Statistics (Amendment) Act 1981 | 10, 1981 | 26.6.81 | |
| | | | |
| Statute Law Revision (Penalties and Fees) Act 1984 | 9, 1985 | 13.5.85 | 4 |
| | | | |
| [previously reprinted as at 21 April 1986] | |
| | | | | |
| Statute Law Revision (Self-Government) Act 1991 | 8, 1991 | 1.7.91 | |
| | | | |
| [previously consolidated as at 31 May 2002] | |
| | | | | |
| Interpretation (Amendment) Act 2012 [to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member] | 14, 2012 | 28.12.12 | | |
| ________ | |
Table of Amendments
| ad = added or inserted | am = amended | rep = repealed | rs = repealed and substituted |
| Provisions affected | How affected |
| Title | am | 9, 1978 |
| Parts headings | ad | 9, 1978 |
| 1 | am | 10, 1966; 3, 1971; 11, 1976; 9, 1978 |
| 3 | am | 9, 1978; 8, 1991; 14, 2012 |
| 4 | am | 8, 1991; 14, 2012 |
| 5 | am | 8, 1991; 14, 2012 |
| 6 | rs | 3, 1971; 9, 1978 |
| | am | 10, 1981 |
| 7 | am | 8, 1991; 14, 2012 |
| 9 | am | 8, 1991; 14, 2012 |
| 10 | rep | 9, 1978 |
| 13 | am | 10, 1966; 3, 1971 |
| | rs | 9, 1978 |
| | am | 10, 1979; 10, 1981 |
| 14, 16, 17 | am | 10, 1966; 9, 1985 |
| 18 | am | 10, 1966; 9, 1978; 9, 1985 |
| 19, 23 | am | 10, 1966; 9, 1985 |
| 23A | ad | 9, 1978 |
| | am | 8, 1991; 14, 2012 |
| 23B | ad | 9, 1978 |
| | am | 8, 1991; 14, 2012 |
| 23C | ad | 9, 1978 |
| 23D | ad | 9, 1978 |
| | am | 9, 1985 |
| 23E | ad | 9, 1978 |
| 23F | ad | 9, 1978 |
| 23G | ad | 9, 1985 |
| | am | 9, 1985 |
| 23H | ad | 9, 1978 |
| [NB –23I never added] | | |
| 23J | ad | 9, 1978 |
| 24 | am | 10, 1966; 9, 1978; 9, 1985 |
| 25 | am | 10, 1966; 9, 1985 |
| 26 | am | 10, 1966; 9, 1985 |
| 27 | am | 10, 1966; 9, 1978; 9, 1985 |
| 30 | am | 9, 1978; 8, 1991; 14, 2012 |
| | | | | |
| ad = added or inserted | am = amended | rep = repealed | rs = repealed and substituted |
| Provisions affected | How affected |
| 31 | ad | 9, 1978 |
| | am | 9, 1985; 8, 1991 |
| Schedule | am | 9, 1978 |
| _______________________________________________________________________ |
| | | | | |
© Norfolk Island Government 2013
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