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Census and Statistics Regulation 2016

Authoritative Version
Regulations as amended, taking into account amendments up to Census and Statistics Amendment (Statistical Information) Regulations 2020
Administered by: Treasury
Registered 19 Feb 2020
Start Date 11 Feb 2020
Table of contents.

Commonwealth Coat of Arms of Australia

Census and Statistics Regulation 2016

made under the

Census and Statistics Act 1905

Compilation No. 1

Compilation date:                              11 February 2020

Includes amendments up to:            F2020L00109

Registered:                                         19 February 2020

 

About this compilation

This compilation

This is a compilation of the Census and Statistics Regulation 2016 that shows the text of the law as amended and in force on 11 February 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

6............ Extension of the Act to external Territories................................................................... 1

7............ Engagement of persons to assist the Statistician............................................................ 2

8............ Undertaking of fidelity and secrecy form...................................................................... 2

Part 2—The Census                                                                                                                                        3

9............ Statistical information for the Census—persons............................................................ 3

10.......... Statistical information for the Census—household accommodated on the Census night in a private dwelling         4

11.......... Statistical information for the Census—private dwelling............................................... 5

12.......... Statistical information for the Census—dwelling other than a private dwelling............. 5

Part 3—Statistics                                                                                                                                               6

13.......... Statistical information that may be collected for publication.......................................... 6

Part 4—Administration                                                                                                                                8

14.......... Powers of entry—prescribed classes of premises......................................................... 8

15.......... Entry to prescribed premises......................................................................................... 9

16.......... Evidentiary certificates................................................................................................. 10

Part 5—Transitional Matters                                                                                                                  11

17.......... Things done under the Statistics Regulations 1983..................................................... 11

Schedule 1—Undertaking of fidelity and secrecy                                                12

Endnotes                                                                                                                                                               13

Endnote 1—About the endnotes                                                                                                      13

Endnote 2—Abbreviation key                                                                                                          14

Endnote 3—Legislation history                                                                                                       15

Endnote 4—Amendment history                                                                                                     16

 


Part 1Preliminary

  

1  Name

                   This is the Census and Statistics Regulation 2016.

3  Authority

                   This instrument is made under the Census and Statistics Act 1905.

5  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    authorised officer;

(b)    Bureau;

(c)    Census day;

(d)    Statistician.

                   In this instrument:

Act means the Census and Statistics Act 1905.

Census night means the night of the Census day for a Census.

prescribed premises means premises in a class of premises prescribed by section 14.

private dwelling means a dwelling other than:

                     (a)  a hotel, motel, hostel or boarding house; or

                     (b)  a dwelling used solely or principally as sleeping accommodation by members of a group of persons who share common living or dining areas or other common amenities; or

                     (c)  a religious institution; or

                     (d)  a residential institution (including a hospital, nursing home, school, university, college, orphanage, house of refuge, prison or other penal or corrective institution); or

                     (e)  a vessel, other than a houseboat, used in navigation by water.

6  Extension of the Act to external Territories

                   For section 2 of the Act, the following external Territories are prescribed:

                     (a)  Norfolk Island;

                     (b)  the Territory of Christmas Island;

                     (c)  the Territory of Cocos (Keeling) Islands.

7  Engagement of persons to assist the Statistician

             (1)  For paragraph (b) of the definition of officer in section 3 of the Act, the Statistician may engage persons, including members of the staff of the Bureau referred to in subsection 16(1) of the Australian Bureau of Statistics Act 1975, to assist in the carrying out of the functions of the Statistician.

             (2)  A person engaged by the Statistician under subsection (1) must carry out such duties as the Statistician considers will assist in the carrying out of the functions of the Statistician.

8  Undertaking of fidelity and secrecy form

                   For the purposes of section 7 of the Act the form set out in Schedule 1 is prescribed.

Part 2The Census

  

9  Statistical information for the Census—persons

                   For subsection 8(3) of the Act, the matters mentioned in the following table are prescribed in relation to persons.

 

Statistical information for the Census—persons

Item

Matter

1

Name

2

Sex

3

Date of birth or age last birthday

4

Relationship to the other persons, if any, who spend the Census night in the same accommodation

5

Present marital status

6

Address of usual residence

7

Address of usual residence 1 year before the Census day

8

Address of usual residence 5 years before the Census day

9

Religion or religious denomination

10

Citizenship

11

Aboriginal or Torres Strait Islander origin

12

Ancestry

13

Country of birth

14

Country of birth of each parent

15

For a person not born in Australia—the year of the person’s first arrival in Australia

16

Languages spoken at home

17

For a person who speaks a language other than English at home—his or her proficiency in speaking English

18

Present attendance at an educational institution, including the type of institution attended (if any)

19

For a person who is not less than 15 years of age, the following:

(a) the highest level of primary or secondary school completed;

(b) educational qualifications;

(c) labour force status;

(d) income;

(e) domestic activities;

(f) the provision of unpaid care due to the disability, long term illness or old age of another person;

(g) the provision of care to a child, without pay;

(h) voluntary work through an organisation or group;

(i) service in the Australian Defence Force

20

For a person who is not less than 15 years of age and was employed (including self‑employed) during the week immediately preceding the Census day, the following:

(a) status in employment during that week;

(b) occupation during that week;

(c) the name and address of the undertaking in which the person was employed during that week;

(d) the main kind of business or industry carried on, or service provided, by that undertaking during that week;

(e) the hours worked by the person during that week;

(f) the main duties or tasks that the person usually performs in the occupation;

(g) the mode of travel to work by the person on the Census day;

(h) if the person owns a business, the total number of persons who are employed by the business

21

The need for assistance with, or the supervision of another person for, any of the following activities (including the reason for the need):

(a) self care;

(b) body movement;

(c) communication

22

For a female who is not less than 15 years of age—the number of children to whom she has given birth

23

Health conditions diagnosed by a doctor or a nurse

10  Statistical information for the Census—household accommodated on the Census night in a private dwelling

                   For subsection 8(3) of the Act, the matters mentioned in the following table are prescribed in relation to a household accommodated on the Census night in a private dwelling.

 

Statistical information for the Census—household accommodated on the Census night in a private dwelling

Item

Matter

1

The address on the Census night

2

For a person who is usually a member of the household but is absent from the household accommodation on the Census night, the following:

(a) name;

(b) sex;

(c) date of birth or age last birthday;

(d) student status;

(e) relationship to other members of the household;

(f) Aboriginal or Torres Strait Islander origin

3

The right, title or interest of the household in the household’s accommodation

4

The number of bedrooms in the dwelling

5

The rent or loan repayments payable by the household for its accommodation

6

If the dwelling is rented—the nature of the person or body to whom rent is paid

7

The number of registered motor vehicles, garaged or parked at or near the dwelling on the Census night, that are owned or used by residents of the dwelling

11  Statistical information for the Census—private dwelling

                   For subsection 8(3) of the Act, the matters mentioned in the following table are prescribed in relation to a private dwelling.

 

Statistical information for the Census—private dwelling

Item

Matter

1

The structure

2

The location

3

The status of a person in the dwelling

12  Statistical information for the Census—dwelling other than a private dwelling

                   For subsection 8(3) of the Act, the matters mentioned in the following table are prescribed in relation to a dwelling other than a private dwelling.

 

Statistical information for the Census—dwelling other than a private dwelling

Item

Matter

1

The classification of the dwelling by reference to its purpose

2

The status of a person in the dwelling

3

The address of the dwelling

4

The name (if any) of the dwelling

5

The number of persons resident in the dwelling

Part 3Statistics

  

13  Statistical information that may be collected for publication

                   For section 9 of the Act, the matters mentioned in the following table are prescribed.

 

Statistical information for publication

Item

Matter

1

Accidents and injuries

2

Agricultural, apicultural, poultry, dairying and pastoral industries and related service industries

3

Assets, liabilities and financial operations and transactions of a natural person or an organisation

4

Banking

5

Births, deaths, marriages and divorces

6

Business, professional, personal and household services

7

Communications

8

Conditions of employment

9

Conservation and environment

10

Construction and demolition

11

Crime

12

Cultural activities

13

The Defence Force and police forces

14

Education

15

Employers’ and employees’ associations

16

Employment and unemployment

17

Energy

18

Finance

19

Fishing, hunting and trapping

20

Food preparation and food consumption

21

Forestry, saw milling and related service industries

22

Health benefit and health insurance schemes

23

Health, health services and quarantine

24

Housing

25

Income, expenditure and savings in relation to a person, household or family

26

Industrial disputes and arbitration

27

Insurance

28

Investment

29

Land tenure and occupancy

30

Law

31

Local government

32

Manufacturing

33

Migration

34

Mining, mineral and petroleum exploration, quarrying and related service industries

35

Overseas transactions

36

Ownership and control of property

37

Pension and superannuation schemes

38

Population and the social, economic and demographic characteristics of the population

39

Prices and charges

40

Public safety

41

Real estate including land and property development

42

Recreation and entertainment

43

Repairs and maintenance

44

Scientific research and development

45

Social and welfare services

46

Taxation

47

Tourism

48

Trade and commerce

49

Transport and storage

50

Wages, earnings, hours of employment and workers’ compensation

51

Water resources

52

Wholesaling and retailing

Part 4Administration

  

14  Powers of entry—prescribed classes of premises

                   For subsection 18(1) of the Act, the classes of premises mentioned in the following table are prescribed.

 

Prescribed classes of premises

Item

Matter

1

For hotels and motels—the parts of the premises consisting of:

(a) the foyer; and

(b) any reception area; and

(c) any corridor; and

(d) any other area that is generally open to the public

2

Boarding houses

3

Hostels

4

For a building that contains flats or home units—a common area that is generally open to residents of the building

5

Caravan parks

6

Camping grounds

7

Construction camps

8

Mining camps

9

Premises being used in connection with agricultural, apicultural, poultry, dairying or pastoral industries

10

Business premises

11

For a housing development that is not open to the public—a common area that is generally open to residents of the development

12

The land surrounding premises mentioned in any of items 1 to 11, to the extent that the land:

(a) is not separately occupied; and

(b) is not used for the purposes of the residence or sleeping accommodation of a person or persons

13

The land surrounding a dwelling‑house (including a flat or home unit), to the extent that the land:

(a) is not separately occupied; and

(b) is not used for the purposes of the residence or sleeping accommodation of a person or persons

Note:          The premises mentioned in the table do not include a dwelling‑house (including a flat or home unit), or 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: see subsection 18(2) of the Act.

15  Entry to prescribed premises

             (1)  Subsections (2) and (3) apply to a person who is:

                     (a)  in charge of prescribed premises; or

                     (b)  otherwise responsible for controlling the access of persons to prescribed premises; or

                     (c)  a resident of prescribed premises.

Failure to arrange for entry

             (2)  The person commits an offence if:

                     (a)  the Statistician or an authorised officer has given the person reasonable notice that an authorised officer will attempt to enter the prescribed premises at a reasonable time, or during a reasonable period, specified in the notice for the purpose of:

                              (i)  supplying persons with forms; or

                             (ii)  collecting forms that have been supplied to persons; or

                            (iii)  making inquiries for the purposes of the Act; and

                     (b)  the person does not make arrangements that would allow an authorised officer to enter the prescribed premises at the time, or during the period, specified in the notice.

Penalty:  5 penalty units.

Refusal of entry after request

             (3)  The person commits an offence if:

                     (a)  the Statistician or an authorised officer has given the person reasonable notice that an authorised officer will attempt to enter the prescribed premises at a reasonable time, or during a reasonable period, specified in the notice for the purpose of:

                              (i)  supplying persons with forms; or

                             (ii)  collecting forms that have been supplied to persons; or

                            (iii)  making inquiries for the purposes of the Act; and

                     (b)  an authorised officer identifies himself or herself to the person as an authorised officer at the time, or during the period, specified in the notice; and

                     (c)  the authorised officer asks the person to allow the authorised officer to enter the prescribed premises for the purpose of:

                              (i)  supplying persons with forms; or

                             (ii)  collecting forms that have been supplied to persons; or

                            (iii)  making inquiries for the purposes of the Act; and

                     (d)  the person does not allow the authorised officer to enter the prescribed premises.

Penalty:  5 penalty units.

16  Evidentiary certificates

             (1)  The Statistician may give a certificate that:

                     (a)  a document attached to the certificate is a true copy of a notice directing a person specified in the certificate to:

                              (i)  fill up and supply a form in accordance with instructions in, or accompanying, the form under subsection 10(4) of the Act; or

                             (ii)  answer specified questions under subsection 11(2) of the Act; and

                     (b)  in the case of a notice under subsection 10(4) of the Act:

                              (i)  a form attached to the certificate is a true copy of the form that accompanied that notice; and

                             (ii)  if instructions accompanied the form referred to in subparagraph (i), a document attached to the certificate is a true copy of those instructions.

             (2)  The Statistician may give a certificate that a document attached to the certificate is a true copy of an undertaking of the kind referred to in paragraph 13(2)(c) of the Act by a person specified in the certificate.

             (3)  In proceedings for an offence against the Act, a certificate given under this section is prima facie evidence of the facts specified in the certificate.

             (4)  For the purposes of this section, a document purporting to be a certificate given under this section is taken to be such a certificate, unless the contrary is proved.

Part 5Transitional Matters

 

17  Things done under the Statistics Regulations 1983

             (1)  If:

                     (a)  a thing was done for a particular purpose under the Statistics Regulations 1983 as in force immediately before that instrument was repealed; and

                     (b)  the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done under this instrument.

             (2)  Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to:

                     (a)  an engagement being made; and

                     (b)  a certificate or other instrument being given or made.


Schedule 1Undertaking of fidelity and secrecy

Note:       See section 8.

   

Census and Statistics Act 1905

 

Undertaking of fidelity and secrecy

 

I, [Name] of [Address], an officer within the meaning of the Census and Statistics Act 1905, undertake that:

(a)                I will faithfully and to the best of my ability execute the powers and duties conferred on me by or under that Act; and

(b)               I will not, either directly or indirectly, divulge or communicate any information provided in pursuance of that Act to any person (other than the person from whom the information was obtained), unless the information is divulged or communicated in accordance with, or for the purposes of, that Act.

 

Dated

 

 

 

 

[Signature of officer]

 

Signed in the presence of:

 

[Signature and legible statement of name and address of witness]


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Census and Statistics Regulation 2016

9 May 2016 (F2016L00706)

1 Oct 2016 (s 2(1) item 1)

 

Census and Statistics Amendment (Statistical Information) Regulations 2020

10 Feb 2020 (F2020L00109)

11 Feb 2020 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LA s 48D

s 4.............................................

rep LA s 48C

Part 2

 

s 9.............................................

am F2020L00109

s 10...........................................

am F2020L00109

Schedule 2................................

rep LA s 48C