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This is a Bill, not an Act. For current law, see the Acts databases.
CENSUS INFORMATION LEGISLATION AMENDMENT BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Census Information Legislation
Amendment Bill 2005
No. , 2005
(Treasury)
A Bill for an Act to amend the Census and Statistics
Act 1905, and for related purposes
Census Information Legislation Amendment Bill 2005 No. , 2005 ii
b05qr308.v17.doc 26/10/2005 10:39 AM
Contents
1 Short
title ...........................................................................................1
2 Commencement.................................................................................1
3 Schedule(s) ........................................................................................2
Schedule 1--Amendments relating to Census information
3
Archives Act 1983
3
Census and Statistics Act 1905
4
Schedule 2--Other amendments
6
Census and Statistics Act 1905
6
Census Information Legislation Amendment Bill 2005 No. , 2005 1
A Bill for an Act to amend the Census and Statistics
1
Act 1905, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Census Information Legislation
5
Amendment Act 2005.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Census Information Legislation Amendment Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedules 1
and 2
The 28th day after the day on which this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments relating to Census information Schedule 1
Census Information Legislation Amendment Bill 2005 No. , 2005 3
1
Schedule 1--Amendments relating to Census
2
information
3
4
Archives Act 1983
5
1 Subsection 3(1) (definition of 2001 Census information)
6
Repeal the definition.
7
2 Subsection 3(1)
8
Insert:
9
Census day has the meaning given by section 22B.
10
3 Subsection 3(1)
11
Insert:
12
Census information means information transferred to the custody
13
of the Archives under section 8A of the Census and Statistics Act
14
1905.
15
4 At the end of subsection 3(7)
16
Add:
17
Note:
Records containing Census information, and Cabinet notebooks, have
18
different open access periods: see sections 22A and 22B.
19
5 Section 22B
20
Repeal the section, substitute:
21
22B Census information
22
(1) For the purposes of this Act, a record containing Census
23
information from a particular Census is in the open access period
24
for that Census if a period of 99 years has elapsed since the Census
25
day for that Census.
26
(2) Subsection 3(7) and section 56 do not apply to records containing
27
Census information.
28
(3) In this Act:
29
Schedule 1 Amendments relating to Census information
4 Census Information Legislation Amendment Bill 2005 No. , 2005
Census day, for a Census, means the day appointed, under
1
subsection 8(2) of the Census and Statistics Act 1905, as the
2
Census day for that Census.
3
6 Subsections 30A(1) and (2)
4
Omit "2001 Census information is in the open access period", substitute
5
"Census information from a Census is in the open access period for that
6
Census".
7
Note:
The heading to section 30A is altered by omitting "2001".
8
Census and Statistics Act 1905
9
7 Section 3
10
Insert:
11
Agency has the meaning given by section 19A.
12
8 Section 3
13
Insert:
14
Census day has the meaning given by section 19A.
15
9 Paragraph 8A(a)
16
After "2001", insert "or a later year".
17
Note:
The heading to section 8A is altered by omitting "2001".
18
10 Section 19A
19
Repeal the section, substitute:
20
19A Non-disclosure of Census information
21
Non-disclosure of Census information to Agencies
22
(1) A person who is or has been the Statistician or an officer must not,
23
at any time during the period of 99 years beginning on the Census
24
day for a Census:
25
(a) be required to divulge or communicate to an Agency any
26
information that is contained in a form that is given to the
27
Statistician or an authorised officer under section 10 in
28
relation to that Census; or
29
Amendments relating to Census information Schedule 1
Census Information Legislation Amendment Bill 2005 No. , 2005 5
(b) voluntarily give such information to an Agency;
1
other than in accordance with this Act.
2
Non-disclosure of Census information to a court or tribunal
3
(2) A person who is or has been the Statistician or an officer must not,
4
at any time during the period of 99 years beginning on the Census
5
day for a Census:
6
(a) be required to divulge or communicate to a court or tribunal
7
any information contained in a form that is given to the
8
Statistician or an authorised officer under section 10 in
9
relation to that Census; or
10
(b) voluntarily give such information in evidence in proceedings
11
before a court or tribunal.
12
Definitions
13
(3) In this Act:
14
Agency has the meaning given by section 7 of the Public Service
15
Act 1999.
16
Census day, for a Census, means the day appointed, under
17
subsection 8(2), as the Census day for that Census.
18
Schedule 2 Other amendments
6 Census Information Legislation Amendment Bill 2005 No. , 2005
1
Schedule 2--Other amendments
2
3
Census and Statistics Act 1905
4
1 Subsection 13(1)
5
Omit "by instrument in writing,", substitute "by legislative
6
instrument,".
7
2 Subsections 13(4) and (5)
8
Repeal the subsections.
9
3 Sections 14 and 15
10
Repeal the sections, substitute:
11
14 Failure to answer questions etc.
12
(1) A person commits an offence if:
13
(a) the person is served a direction under subsection 10(4) or
14
11(2); and
15
(b) the person fails to comply with the direction.
16
Penalty: One penalty unit.
17
(2) Subsection (1) is an offence of strict liability.
18
Note 1:
For strict liability, see section 6.1 of the Criminal Code.
19
Note 2:
A person commits an offence in respect of each day until the person
20
complies with the direction (see section 4K of the Crimes Act 1914).
21
(3) Subsection (1) does not apply in relation to a person's failure to
22
answer a question, or to supply particulars, relating to the person's
23
religious beliefs.
24
Note:
A defendant bears an evidential burden in relation to the matter in
25
subsection (3) (see subsection 13.3(3) of the Criminal Code).
26
15 False or misleading statements or information
27
A person commits an offence if:
28
(a)
the
person:
29
Other amendments Schedule 2
Census Information Legislation Amendment Bill 2005 No. , 2005 7
(i) is required, requested or directed to fill up and supply
1
particulars under subsection 10(2), (3) or (4); or
2
(ii) is requested or directed to answer a question under
3
subsection 11(1) or (2); and
4
(b) the person makes a statement, either orally or in writing, or
5
provides a document containing information, in connection
6
with the requirement, request or direction; and
7
(c) the person knows that the statement or information is false or
8
misleading in a material particular.
9
Penalty: 10 penalty units.
10
4 Section 19
11
Repeal the section, substitute:
12
19 Secrecy
13
(1) A person commits an offence if:
14
(a) the person is, or has been, the Statistician or an officer; and
15
(b) the person, either directly or indirectly, divulges or
16
communicates to another person (other than the person from
17
whom the information was obtained) any information given
18
under this Act.
19
Penalty: 120 penalty units or imprisonment for 2 years, or both.
20
(2) Subsection (1) does not apply if the person divulges or
21
communicates the information:
22
(a) in accordance with a determination under section 13; or
23
(b) for the purposes of this Act.
24
Note:
A defendant bears an evidential burden in relation to the matter in
25
subsection (2) (see subsection 13.3(3) of the Criminal Code).
26
(3) A person commits an offence if:
27
(a) the person gives an undertaking of a kind mentioned in
28
paragraph 13(2)(c), in relation to information disclosed to the
29
person in accordance with a determination; and
30
(b) the person fails to comply with the undertaking.
31
Penalty: 120 penalty units or imprisonment for 2 years, or both.
32
5 Section 20
33
Schedule 2 Other amendments
8 Census Information Legislation Amendment Bill 2005 No. , 2005
Omit "subsection 19(2)" (wherever occurring), substitute "section 19".
1