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CENSUS (2006) REGULATIONS 2005 (SLI NO 259 OF 2005)
Select Legislative Instrument 2005 No. 259
Issued by the authority of the Parliamentary Secretary to the Treasurer
Census and Statistics Act 1905
Census (2006) Regulations 2005
Section 27 of the Census and Statistics Act 1905 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing all matters and things which, by the Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 8(1) of the Act provides that the Census shall be taken in the year 1981 and in every fifth year thereafter, and at such other times as are prescribed. A National Census is to be conducted in 2006.
Subsection 8(2) of the Act provides that for the purposes of taking of the Census, the day shall be a day appointed by proclamation.
Subsection 8(3) of the Act provides that for the purposes of the taking of the Census, the Statistician shall collect statistical information in relation to the matters prescribed for the purposes of that section.
Section 2 of the Act provides that the Act, other than Part III (which relates to collection of statistical information other than by the National Census of Population and Housing), extends to such external territories as are prescribed.
The purpose of the regulations is to prescribe the external territories to be included in the Census and the matters in relation to the statistical information to be collected.
The regulations would prescribe the following matters for the purposes of Section 8:
(a) the external territories to be included in the Census are Christmas Island and the Cocos (Keeling) Islands;
(b) four new topics are included in the 2006 Census (compared to the 2001 Census) - number of children ever born, applying to females over the age of 15 years; need for assistance or supervision by persons with a disability; access of households to the internet; and the provision of voluntary or unpaid work; and
(c) two topics from the 2001 Census are not included in the 2006 Census - use of a personal computer during the week immediately preceding Census day; and use of the internet during that week.
The regulations would also repeal the Census Regulations 1994, Statutory Rules 1994 No. 309 and Statutory Rules 2000 No. 34 to ensure that the matters relevant to the 2006 Census are prescribed prior to Census day.
Details of the regulations are set out in the Attachment.
The Act specifies no conditions that need to be satisfied before the power to make the regulations may be exercised.
The regulations would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The regulations would commence on the day after they are registered.
DETAILS OF THE PROPOSED CENSUS (2006) REGULATIONS 2005
Regulation 1 specifies the name of the regulations, as the Census (2006) Regulations 2005.
Regulation 2 provides that the regulations will commence on the day after registration.
Regulation 3 repeals the regulations which were prescribed in relation to the previous Census.
Regulation 4 defines certain terms for the purposes of the regulations.
Regulation 5 describes for the purpose of section 2 of the Act, the external territories to be included in the Census. In both the 1996 and 2001 Censuses, the external territories of Christmas Island and Cocos (Keeling) Islands were included and the same territories are proposed to be included in the 2006 Census.
Regulation 6 describes for the purpose of section 8 of the Act, the matters on which statistical information is proposed to be collected in the 2006 Census. With the exception of the new topics added, and existing topics deleted, as described above, the matters prescribed are essentially unchanged from the previous Census. In recognition of the need for the public to be as fully informed as possible on the Census, details of the proposed topics and associated questions to be included in Census forms will be made available in an Australian Bureau of Statistics information paper entitled "2006 Census of Population and Housing: Nature and Content (Catalogue No. 2008.0)" to be tabled in Parliament at the same time as the Regulations.