CENSUS INFORMATION LEGISLATION AMENDMENT BILL 2005 Explanatory Memorandum
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
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
A Bill for an Act to amend the Census and Statistics Act 1905, and for
related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Census Information Legislation
Amendment Act 2005.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column
2 of the table. Any other statement in column 2 has effect
according to its terms.
|Commencement information |
|Column 1 |Column 2 |Column 3 |
|Provision(s)|Commencement |Date/Detail|
| | |s |
|1. |The day on which this Act | |
|Sections 1 |receives the Royal Assent. | |
|to 3 and | | |
|anything in | | |
|this Act not| | |
|elsewhere | | |
|covered by | | |
|this table | | |
|2. |The 28th day after the day on| |
|Schedules 1 |which this Act receives the | |
|and 2 |Royal Assent. | |
Note: This table relates only to the provisions of this Act as
originally passed by the Parliament and assented to. It will
not be expanded to deal with provisions inserted in this Act
after assent.
(2) Column 3 of the table contains additional information that is
not part of this Act. Information in this column may be added to or
edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended
or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Schedule 1-Amendments relating to Census information
Archives Act 1983
1 Subsection 3(1) (definition of 2001 Census information)
Repeal the definition.
2 Subsection 3(1)
Insert:
Census day has the meaning given by section 22B.
3 Subsection 3(1)
Insert:
Census information means information transferred to the custody of
the Archives under section 8A of the Census and Statistics Act
1905.
4 At the end of subsection 3(7)
Add:
Note: Records containing Census information, and Cabinet
notebooks, have different open access periods: see
sections 22A and 22B.
5 Section 22B
Repeal the section, substitute:
22B Census information
(1) For the purposes of this Act, a record containing Census
information from a particular Census is in the open access period
for that Census if a period of 99 years has elapsed since the
Census day for that Census.
(2) Subsection 3(7) and section 56 do not apply to records
containing Census information.
(3) In this Act:
Census day, for a Census, means the day appointed, under subsection
8(2) of the Census and Statistics Act 1905, as the Census day for
that Census.
6 Subsections 30A(1) and (2)
Omit "2001 Census information is in the open access period",
substitute "Census information from a Census is in the open access
period for that Census".
Note: The heading to section 30A is altered by omitting "2001".
Census and Statistics Act 1905
7 Section 3
Insert:
Agency has the meaning given by section 19A.
8 Section 3
Insert:
Census day has the meaning given by section 19A.
9 Paragraph 8A(a)
After "2001", insert "or a later year".
Note: The heading to section 8A is altered by omitting "2001".
10 Section 19A
Repeal the section, substitute:
19A Non-disclosure of Census information
Non-disclosure of Census information to Agencies
(1) A person who is or has been the Statistician or an officer must
not, at any time during the period of 99 years beginning on the
Census day for a Census:
(a) be required to divulge or communicate to an Agency any
information that is contained in a form that is given to the
Statistician or an authorised officer under section 10 in
relation to that Census; or
(b) voluntarily give such information to an Agency;
other than in accordance with this Act.
Non-disclosure of Census information to a court or tribunal
(2) A person who is or has been the Statistician or an officer must
not, at any time during the period of 99 years beginning on the
Census day for a Census:
(a) be required to divulge or communicate to a court or tribunal
any information contained in a form that is given to the
Statistician or an authorised officer under section 10 in
relation to that Census; or
(b) voluntarily give such information in evidence in proceedings
before a court or tribunal.
Definitions
(3) In this Act:
Agency has the meaning given by section 7 of the Public Service Act
1999.
Census day, for a Census, means the day appointed, under subsection
8(2), as the Census day for that Census.
Schedule 2-Other amendments
Census and Statistics Act 1905
1 Subsection 13(1)
Omit "by instrument in writing,", substitute "by legislative
instrument,".
2 Subsections 13(4) and (5)
Repeal the subsections.
3 Sections 14 and 15
Repeal the sections, substitute:
14 Failure to answer questions etc.
(1) A person commits an offence if:
(a) the person is served a direction under subsection 10(4) or
11(2); and
(b) the person fails to comply with the direction.
Penalty: One penalty unit.
(2) Subsection (1) is an offence of strict liability.
Note 1: For strict liability, see section 6.1 of the Criminal
Code.
Note 2: A person commits an offence in respect of each day until
the person complies with the direction (see section 4K of
the Crimes Act 1914).
(3) Subsection (1) does not apply in relation to a person's failure
to answer a question, or to supply particulars, relating to the
person's religious beliefs.
Note: A defendant bears an evidential burden in relation to the
matter in subsection (3) (see subsection 13.3(3) of the
Criminal Code).
15 False or misleading statements or information
A person commits an offence if:
(a) the person:
(i) is required, requested or directed to fill up and supply
particulars under subsection 10(2), (3) or (4); or
(ii) is requested or directed to answer a question under subsection
11(1) or (2); and
(b) the person makes a statement, either orally or in writing, or
provides a document containing information, in connection with
the requirement, request or direction; and
(c) the person knows that the statement or information is false or
misleading in a material particular.
Penalty: 10 penalty units.
4 Section 19
Repeal the section, substitute:
19 Secrecy
(1) A person commits an offence if:
(a) the person is, or has been, the Statistician or an officer; and
(b) the person, either directly or indirectly, divulges or
communicates to another person (other than the person from whom
the information was obtained) any information given under this
Act.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(2) Subsection (1) does not apply if the person divulges or
communicates the information:
(a) in accordance with a determination under section 13; or
(b) for the purposes of this Act.
Note: A defendant bears an evidential burden in relation to the
matter in subsection (2) (see subsection 13.3(3) of the
Criminal Code).
(3) A person commits an offence if:
(a) the person gives an undertaking of a kind mentioned in
paragraph 13(2)(c), in relation to information disclosed to the
person in accordance with a determination; and
(b) the person fails to comply with the undertaking.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
5 Section 20
Omit "subsection 19(2)" (wherever occurring), substitute "section 19".
