{"id":"F2016L00706","name":"Census and Statistics Regulation 2016","slug":"census-and-statistics-regulation-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129266,"registerId":"commonwealth-F2016L00706-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Census and Statistics Regulation 2016.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Census and Statistics Act 1905.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) authorised officer;\n (b) Bureau;\n (c) Census day;\n (d) Statistician.\n In this instrument:\n\n> Act means the Census and Statistics Act 1905.\n\n> Census night means the night of the Census day for a Census.\n\n> prescribed premises means premises in a class of premises prescribed by section 14.\n\n> private dwelling means a dwelling other than:\n\n (a) a hotel, motel, hostel or boarding house; or\n (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\n (c) a religious institution; or\n (d) a residential institution (including a hospital, nursing home, school, university, college, orphanage, house of refuge, prison or other penal or corrective institution); or\n (e) a vessel, other than a houseboat, used in navigation by water.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Extension of the Act to external Territories","content":"#### 6 Extension of the Act to external Territories\n\n For section 2 of the Act, the following external Territories are prescribed:\n (a) Norfolk Island;\n (b) the Territory of Christmas Island;\n (c) the Territory of Cocos (Keeling) Islands.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Engagement of persons to assist the Statistician","content":"#### 7 Engagement of persons to assist the Statistician\n\n (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.\n (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.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Undertaking of fidelity and secrecy form","content":"#### 8 Undertaking of fidelity and secrecy form\n\n For the purposes of section 7 of the Act the form set out in Schedule 1 is prescribed.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Census","content":"## Part 2—The Census","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Statistical information for the Census—persons","content":"#### 9 Statistical information for the Census—persons\n\n For subsection 8(3) of the Act, the matters mentioned in the following table are prescribed in relation to persons.\n\n```html\n

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 used at home

17

For a person who uses a language other than English at home—the person’s 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

23

Health conditions diagnosed by a doctor or a nurse

24

For a person who is not less than 16 years of age—sexual orientation and gender

\n```","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Statistical information for the Census—household accommodated on the Census night in a private dwelling","content":"#### 10 Statistical information for the Census—household accommodated on the Census night in a private dwelling\n\n 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.\n\n```html\n

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

\n```","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Statistical information for the Census—private dwelling","content":"#### 11 Statistical information for the Census—private dwelling\n\n For subsection 8(3) of the Act, the matters mentioned in the following table are prescribed in relation to a private dwelling.\n\n```html\n

Statistical information for the Census—private dwelling

Item

Matter

1

The structure

2

The location

3

The status of a person in the dwelling

\n```","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Statistical information for the Census—dwelling other than a private dwelling","content":"#### 12 Statistical information for the Census—dwelling other than a private dwelling\n\n 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.\n\n```html\n

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

\n```","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Statistics","content":"## Part 3—Statistics","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Statistical information that may be collected for publication","content":"#### 13 Statistical information that may be collected for publication\n\n For section 9 of the Act, the matters mentioned in the following table are prescribed.\n\n```html\n

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

\n```","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Administration","content":"## Part 4—Administration","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Powers of entry—prescribed classes of premises","content":"#### 14 Powers of entry—prescribed classes of premises\n\n For subsection 18(1) of the Act, the classes of premises mentioned in the following table are prescribed.\n\n```html\n

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

\n```\n\n> 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.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Entry to prescribed premises","content":"#### 15 Entry to prescribed premises\n\n (1) Subsections (2) and (3) apply to a person who is:\n (a) in charge of prescribed premises; or\n (b) otherwise responsible for controlling the access of persons to prescribed premises; or\n (c) a resident of prescribed premises.\n Failure to arrange for entry\n (2) The person commits an offence if:\n (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:\n (i) supplying persons with forms; or\n (ii) collecting forms that have been supplied to persons; or\n (iii) making inquiries for the purposes of the Act; and\n (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.\n\nPenalty: 5 penalty units.\n\n Refusal of entry after request\n (3) The person commits an offence if:\n (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:\n (i) supplying persons with forms; or\n (ii) collecting forms that have been supplied to persons; or\n (iii) making inquiries for the purposes of the Act; and\n (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\n (c) the authorised officer asks the person to allow the authorised officer to enter the prescribed premises for the purpose of:\n (i) supplying persons with forms; or\n (ii) collecting forms that have been supplied to persons; or\n (iii) making inquiries for the purposes of the Act; and\n (d) the person does not allow the authorised officer to enter the prescribed premises.\n\nPenalty: 5 penalty units.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Evidentiary certificates","content":"#### 16 Evidentiary certificates\n\n (1) The Statistician may give a certificate that:\n (a) a document attached to the certificate is a true copy of a notice directing a person specified in the certificate to:\n (i) fill up and supply a form in accordance with instructions in, or accompanying, the form under subsection 10(4) of the Act; or\n (ii) answer specified questions under subsection 11(2) of the Act; and\n (b) in the case of a notice under subsection 10(4) of the Act:\n (i) a form attached to the certificate is a true copy of the form that accompanied that notice; and\n (ii) if instructions accompanied the form referred to in subparagraph (i), a document attached to the certificate is a true copy of those instructions.\n (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.\n (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.\n (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.","sortOrder":17},{"sectionNumber":"Part 5","sectionType":"part","heading":"Transitional Matters","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This is the Census and Statistics Regulation 2016.\n\n#### 3 Authority\n\n This instrument is made under the Census and Statistics Act 1905.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) authorised officer;\n (b) Bureau;\n (c) Census day;\n (d) Statistician.\n In this instrument:\n\n> Act means the Census and Statistics Act 1905.\n\n> Census night means the night of the Census day for a Census.\n\n> prescribed premises means premises in a class of premises prescribed by section 14.\n\n> private dwelling means a dwelling other than:\n\n (a) a hotel, motel, hostel or boarding house; or\n (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\n (c) a religious institution; or\n (d) a residential institution (including a hospital, nursing home, school, university, college, orphanage, house of refuge, prison or other penal or corrective institution); or\n (e) a vessel, other than a houseboat, used in navigation by water.\n\n#### 6 Extension of the Act to external Territories\n\n For section 2 of the Act, the following external Territories are prescribed:\n (a) Norfolk Island;\n (b) the Territory of Christmas Island;\n (c) the Territory of Cocos (Keeling) Islands.\n\n#### 7 Engagement of persons to assist the Statistician\n\n (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.\n (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.\n\n#### 8 Undertaking of fidelity and secrecy form\n\n For the purposes of section 7 of the Act the form set out in Schedule 1 is prescribed.\n\n## Part 2—The Census\n\n#### 9 Statistical information for the Census—persons\n\n For subsection 8(3) of the Act, the matters mentioned in the following table are prescribed in relation to persons.\n\n```html\n

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 used at home

17

For a person who uses a language other than English at home—the person’s 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

23

Health conditions diagnosed by a doctor or a nurse

24

For a person who is not less than 16 years of age—sexual orientation and gender

\n```\n\n#### 10 Statistical information for the Census—household accommodated on the Census night in a private dwelling\n\n 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.\n\n```html\n

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

\n```\n\n#### 11 Statistical information for the Census—private dwelling\n\n For subsection 8(3) of the Act, the matters mentioned in the following table are prescribed in relation to a private dwelling.\n\n```html\n

Statistical information for the Census—private dwelling

Item

Matter

1

The structure

2

The location

3

The status of a person in the dwelling

\n```\n\n#### 12 Statistical information for the Census—dwelling other than a private dwelling\n\n 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.\n\n```html\n

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

\n```\n\n## Part 3—Statistics\n\n#### 13 Statistical information that may be collected for publication\n\n For section 9 of the Act, the matters mentioned in the following table are prescribed.\n\n```html\n

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

\n```\n\n## Part 4—Administration\n\n#### 14 Powers of entry—prescribed classes of premises\n\n For subsection 18(1) of the Act, the classes of premises mentioned in the following table are prescribed.\n\n```html\n

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

\n```\n\n> 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.\n\n#### 15 Entry to prescribed premises\n\n (1) Subsections (2) and (3) apply to a person who is:\n (a) in charge of prescribed premises; or\n (b) otherwise responsible for controlling the access of persons to prescribed premises; or\n (c) a resident of prescribed premises.\n Failure to arrange for entry\n (2) The person commits an offence if:\n (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:\n (i) supplying persons with forms; or\n (ii) collecting forms that have been supplied to persons; or\n (iii) making inquiries for the purposes of the Act; and\n (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.\n\nPenalty: 5 penalty units.\n\n Refusal of entry after request\n (3) The person commits an offence if:\n (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:\n (i) supplying persons with forms; or\n (ii) collecting forms that have been supplied to persons; or\n (iii) making inquiries for the purposes of the Act; and\n (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\n (c) the authorised officer asks the person to allow the authorised officer to enter the prescribed premises for the purpose of:\n (i) supplying persons with forms; or\n (ii) collecting forms that have been supplied to persons; or\n (iii) making inquiries for the purposes of the Act; and\n (d) the person does not allow the authorised officer to enter the prescribed premises.\n\nPenalty: 5 penalty units.\n\n#### 16 Evidentiary certificates\n\n (1) The Statistician may give a certificate that:\n (a) a document attached to the certificate is a true copy of a notice directing a person specified in the certificate to:\n (i) fill up and supply a form in accordance with instructions in, or accompanying, the form under subsection 10(4) of the Act; or\n (ii) answer specified questions under subsection 11(2) of the Act; and\n (b) in the case of a notice under subsection 10(4) of the Act:\n (i) a form attached to the certificate is a true copy of the form that accompanied that notice; and\n (ii) if instructions accompanied the form referred to in subparagraph (i), a document attached to the certificate is a true copy of those instructions.\n (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.\n (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.\n (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.\n\n## Part 5—Transitional Matters\n\n#### 17 Things done under the Statistics Regulations 1983\n\n (1) If:\n (a) a thing was done for a particular purpose under the Statistics Regulations 1983 as in force immediately before that instrument was repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to:\n (a) an engagement being made; and\n (b) a certificate or other instrument being given or made.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Things done under the Statistics Regulations 1983","content":"#### 17 Things done under the Statistics Regulations 1983\n\n (1) If:\n (a) a thing was done for a particular purpose under the Statistics Regulations 1983 as in force immediately before that instrument was repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to:\n (a) an engagement being made; and\n (b) a certificate or other instrument being given or made.","sortOrder":19}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":638},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation remains within its original purpose of operationalising the Census and Statistics Act 1905. The 2016 version updates and consolidates the 1983 regulations without expanding beyond the statutory framework for census collection, statistical gathering, and administrative enforcement."},"complexity_factors":["Extensive tabular lists of prescribed information (24 personal data items, 7 household items, 3 private dwelling items, 5 non-private dwelling items, 52 statistical categories)","Cross-references to the parent Census and Statistics Act 1905 and the Australian Bureau of Statistics Act 1975","Conditional logic for age-based questions (15+ and 16+ thresholds)","Nested definitions (e.g., 'prescribed premises' defined by reference to section 14, which contains a 13-item table with sub-conditions)","Offence provisions with multiple cumulative elements (reasonable notice, reasonable time, identification, specific purposes)","Transitional provision preserving actions under repealed 1983 regulations"],"plain_english_summary":"This regulation sets out the detailed rules for how Australia's Census and national statistics are collected and administered.\n\n**What it does:**\n\n- **Defines what counts as a \"private dwelling\"** — essentially your home, as opposed to hotels, hospitals, prisons, schools, share houses with common facilities, or ships (other than houseboats).\n\n- **Lists what personal information must be collected in the Census** — including name, sex, date of birth, relationships between people in the same household, marital status, usual address, religion, citizenship, Aboriginal and Torres Strait Islander origin, ancestry, country of birth, languages spoken at home, education, employment details, income, unpaid care work, health conditions, and for people aged 16+: sexual orientation and gender.\n\n- **Sets out household and dwelling information** — such as address, ownership or rental status, number of bedrooms, rent or mortgage payments, and number of vehicles.\n\n- **Authorises ABS officers to enter certain premises** — like hotels, boarding houses, hostels, caravan parks, mining camps, and business premises (but not private homes) to distribute or collect census forms. People in charge of these premises who unreasonably refuse entry can be fined.\n\n- **Prescribes 52 broad categories of statistics** the Australian Bureau of Statistics may collect and publish — covering everything from agriculture and mining to health, housing, crime, education, and water resources.\n\n- **Provides for transitional arrangements** — ensuring things done under the old 1983 regulations remain valid.\n\n**Who it affects:**\nEvery person in Australia on Census night, plus businesses and organisations that provide statistical information to the ABS. It also affects property managers and others responsible for non-private dwellings.\n\n**Why it matters:**\nThis regulation gives legal force to the questions you answer in the Census. It determines what the government can ask you, what it can publish, and how ABS officers can access certain premises to ensure complete population coverage."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument formalises and restates the categories of census questions, publication topics, entry powers and administrative procedures rather than expanding scope beyond the framework set by the Act. It expressly preserves actions done under the prior Statistics Regulations 1983 where they are consistent with this instrument (Regulation 17), and it limits new powers to the classes and procedures it specifies (Regulations 9–16). Therefore, based on the text provided, it maintains continuity of regulatory coverage rather than changing the statutory scope."},"complexity_factors":["Extensive lists and tables prescribing dozens of discrete data items and 52 publication topics (Regulations 9, 10, 11, 12, 13).","Multiple cross-references to provisions of the Census and Statistics Act 1905 (e.g. subsection 8(3), section 9, subsection 10(4), subsection 11(2)), requiring combined reading of instruments and primary legislation.","Operational rules mixed with administrative powers and evidentiary mechanics (entry rules and penalties in Reg 15; evidentiary certificates in Reg 16).","Detailed definitions that create boundaries (e.g. definition of 'private dwelling' with several exceptions in Reg 5) affecting application to many premises types.","Transitional saving clause preserving prior actions (Reg 17) which can complicate legal status of pre-existing engagements or certificates."],"plain_english_summary":"What this instrument does, mechanically\n\n- Prescribes how the Census and related statistics are run, by listing: the items that may be asked about individuals (Regulation 9), households in private dwellings (Regulation 10), private dwellings (Regulation 11) and dwellings other than private dwellings (Regulation 12).\n- Lists the topics that may be collected and published under the Act (Regulation 13) — a long catalogue of 52 topic areas (for example: population characteristics, income/expenditure, health, education, business and industry categories).\n- Specifies classes of premises where authorised officers may enter for census/statistical purposes (Regulation 14) and the rules and criminal penalties associated with arranging or refusing entry after notice (Regulation 15: penalty 5 penalty units).\n- Gives the Statistician administrative powers: to engage people to assist (Regulation 7); to prescribe an undertaking of fidelity and secrecy (Regulation 8 / Schedule 1); and to issue evidentiary certificates that are prima facie evidence in proceedings (Regulation 16).\n- Extends the Act to specified external Territories (Regulation 6) and preserves actions done under the earlier Statistics Regulations 1983 (Regulation 17).\n\nWho it affects and who decides (source-grounded)\n\n- The Australian Statistician (\"the Statistician\") and the Australian Bureau of Statistics staff decide what duties are delegated and what forms/content are used (Regulation 7; Regulations 9–13; Regulation 16). The Statistician may engage persons to assist and set their duties (Regulation 7).\n- Households, individuals and managers or controllers of the classes of premises listed in Regulation 14 are the subjects of data collection and the persons who must allow access if notice has been given (Regulation 14; Regulation 15(1)–(3)).\n- Businesses and other organisations that fall within the listed publication topics (for example, banking, manufacturing, construction, agriculture) are potential sources of data for statistics (Regulation 13).\n\nWhat behaviour changes and who pays\n\n- Persons in scope must provide the information set out in the prescribed tables when lawfully required (Regulations 9–12). Responsible persons for prescribed premises must either arrange access for authorised officers after reasonable notice or face an offence (Regulation 15(2)–(3); penalty: 5 penalty units).\n- The compliance cost (time and effort) of answering census questions and arranging access is borne by households, residents, and managers of prescribed premises (Regulations 9–12; Regulation 15). Businesses may face additional information-gathering burden where statistics concern business matters (Regulation 13, item list).\n\nImplementation mechanics, discretion and evidentiary tools\n\n- The Statistician has discretion to engage staff and decide the duties of those engaged (Regulation 7). The form of the fidelity and secrecy undertaking is prescribed (Regulation 8 and Schedule 1), which creates an administrative expectation placed on engaged persons.\n- The Regulation allows the Statistician to issue certificates that attest that attached documents are true copies (Regulation 16(1)–(2)). Those certificates are prima facie evidence in prosecutions under the Act (Regulation 16(3)–(4)).\n\nTrade-offs, costs and risk points (source-grounded)\n\n- Data breadth vs compliance burden: the instrument authorises collection of many individual-level items (including name, date of birth/age, health conditions, sexual orientation and gender for persons 16+ (Regulation 9, items 1, 3, 23, 24)) and numerous publication topics (Regulation 13). That breadth increases the amount of time and information respondents and businesses must supply (Regulations 9–13).\n- Enforcement and practical reach: entry powers are limited to specific classes of premises listed in Regulation 14 and operate only after reasonable notice and identification by an authorised officer (Regulation 14; Regulation 15(2)–(3)). The criminal penalty for refusal/for failure to arrange entry is set at 5 penalty units (Regulation 15), which fixes the statutory sanction but does not itself prescribe operational details (times, methods) beyond the notice/identification requirement.\n- Concentration of decision-making: the Statistician controls who is engaged and what is required (Regulation 7), and issues evidentiary certificates that make administrative documents easier to rely on in court (Regulation 16). That concentrates operational discretion within the Bureau while imposing duties on many private parties.\n- Continuity risk and legal cross‑references: the Regulation repeatedly operates by prescribing matters \"for subsection 8(3) of the Act\" or \"for section 9 of the Act\" (for example Regulations 9 and 13). That means interpretation and application depend on reading these Regulations together with the primary Act. Transitional provisions preserve prior acts done under the Statistics Regulations 1983 where consistent (Regulation 17), so continuity is provided but application depends on the Act's cross-references.\n\nSummary of main implementation items with section citations\n\n- Engagement and duties: Reg 7. \n- Fidelity and secrecy form: Reg 8 / Schedule 1. \n- Person-level census items: Reg 9 (items 1–24). \n- Household/dwelling census items: Regs 10–12. \n- Topics authorised for publication: Reg 13 (items 1–52). \n- Prescribed classes of premises where entry may be exercised: Reg 14 (items 1–13). \n- Offences for failing to arrange or refusing entry after notice: Reg 15 (penalty 5 penalty units). \n- Evidentiary certificates (prima facie evidence): Reg 16. \n- Transitional saving of acts under prior Regulations: Reg 17."}},"importantCases":[],"_links":{"self":"/api/acts/census-and-statistics-regulation-2016","history":"/api/acts/census-and-statistics-regulation-2016/history","analysis":"/api/acts/census-and-statistics-regulation-2016/analysis","conflicts":"/api/acts/census-and-statistics-regulation-2016/conflicts","importantCases":"/api/acts/census-and-statistics-regulation-2016/important-cases","documents":"/api/acts/census-and-statistics-regulation-2016/documents"}}