What it does
The Census and Statistics Regulation 2016 is a legislative instrument made under the Census and Statistics Act 1905 (the Act). Its primary function is to prescribe the specific matters on which statistical information may be collected during a Census and for other statistical collections published by the Australian Bureau of Statistics. The regulation gives operational detail to the broad powers in the Act by setting out, through tables, exactly which categories of information are authorised for collection. For the Census, it prescribes matters relating to persons (section 9), households accommodated in private dwellings (section 10), private dwellings themselves (section 11), and dwellings that are not private dwellings (section 12). For general statistical publications not tied to the Census, it lists 52 broad subject matters under section 13, such as health, employment, housing, finance and crime. The regulation also defines key terms that are not defined in the Act, including ‘Census night’ and ‘prescribed premises’. It extends the operation of the Act to three external Territories: Norfolk Island, Christmas Island and the Cocos (Keeling) Islands (section 6). The regulation authorises the Statistician to engage persons to assist in carrying out the Statistician’s functions (section 7) and prescribes the form of the undertaking of fidelity and secrecy required under section 7 of the Act (section 8). In Part 4 (Administration), the regulation prescribes classes of premises that authorised officers may enter for the purposes of supplying or collecting forms or making inquiries (section 14). It creates two offences relating to entry to those prescribed premises: failure to arrange for entry after reasonable notice, and refusal of entry after a request by an authorised officer; each carries a penalty of 5 penalty units (section 15). The Statistician may give evidentiary certificates that are prima facie evidence in proceedings for an offence against the Act (section 16). Transitional provisions ensure that things done under the predecessor instrument, the Statistics Regulations 1983, continue to have effect under the new regulation (section 17).