Statistics Legislation Amendment Act 2003

No. 106, 2003

An Act to amend the law relating to statistics, and for related purposes

[Assented to 21 October 2003]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Statistics Legislation Amendment Act 2003.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

(1) Each Act, and each regulation, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

(2) The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General.

Schedule 1—Amendments

Part 1—Amendments

Australian Bureau of Statistics Act 1975

1 Subsection 16(2)

Repeal the subsection, substitute:

(2) Subject to subsection (2A), subsection (1) does not prevent the engaging, in accordance with regulations in force under the Census and Statistics Act 1905, of persons (including persons referred to in subsection (1)) to assist in the carrying out of the functions of the Statistician.

2 Subsection 16(2A)

Omit “under subsection (2)”, substitute “as mentioned in subsection (2)”.

3 At the end of Part II

Add:

16A Persons seconded to the Bureau

(1) The Statistician may arrange with:

(a) a governmental agency or governmental authority; or

(b) an international organisation of an intergovernmental character;

for the services of officers or employees of the agency, authority or organisation to be made available to assist in the carrying out of the functions of the Statistician.

(2) Subsection (1) applies to an agency, authority or organisation, whether in Australia or in a foreign country.

(3) Subsection (1) has effect in addition to, and not in substitution for, a provision of the Public Service Act 1999 that provides for the making of arrangements under which a person performs services in the Bureau.

Note: Persons whose services are made available in accordance with arrangements made under the Public Service Act 1999 are covered by subsection 16(1) of this Act.

Census and Statistics Act 1905

4 Section 3 (at the end of paragraph (a) of the definition of officer)

Add “or”.

5 Section 3 (at the end of the definition of officer)

Add:

; or (c) a person who performs services in accordance with an arrangement made under section 16A of the Australian Bureau of Statistics Act 1975.

6 At the end of section 16

Add:

(2) However, the Statistician must not appoint as an authorised officer a person who performs services in accordance with an arrangement made under section 16A of the Australian Bureau of Statistics Act 1975.

7 After subsection 17(1)

Insert:

(1A) However, the Statistician must not delegate a power under subsection 10(2), (3) or (4) or section 11 or 18 to a person who performs services in accordance with an arrangement made under section 16A of the Australian Bureau of Statistics Act 1975.

8 After section 19A

Insert:

19B Former officers

(1) This section applies if, at a particular time before 5 December 1999, a person was a member of the staff of the Bureau referred to in subsection 16(1) of the Australian Bureau of Statistics Act 1975 as in force at that time.

(2) For the purposes of sections 19 and 19A, the person is taken to have been an officer at that time.

Note: 5 December 1999 is the day on which subsection 16(1) of the Australian Bureau of Statistics Act 1975 was amended by the Public Employment (Consequential and Transitional) Amendment Act 1999.

Statistics Regulations

9 Subregulation 3(1)

Omit “other than”, substitute “including”.

10 Subregulation 3(2)

Omit “his functions”, substitute “his or her functions”.

Part 2—Transitional

11 Transitional—engagement of persons in accordance with the regulations

(1) This item applies to each of the following:

(a) the purported engagement of a person, in accordance with regulation 3 of the Statistics Regulations, during any part of the period beginning on 18 December 1987;

(b) regulation 3 of the Statistics Regulations as purportedly in force at any time on or after 18 December 1987;

(c) a determination under subsection 16(3) of the Australian Bureau of Statistics Act 1975 as purportedly in force at any time on or after 18 December 1987;

(d) an instrument under section 16 of the Census and Statistics Act 1905 as purportedly in force at any time on or after 18 December 1987;

(e) an act or thing purportedly done by, or in relation to, a person mentioned in paragraph (a) at any time on or after 18 December 1987.

(2) The engagement, regulation, determination, instrument, act or thing is as valid, and is taken always to have been as valid, as it would have been if:

(a) the Statute Law (Miscellaneous Provisions) Act 1987:

(i) had not omitted subsection 16(2) of the Australian Bureau of Statistics Act 1975 as in force before 18 December 1987, and had not substituted a new subsection 16(2); and

(ii) had inserted subsection 16(2A) in the Australian Bureau of Statistics Act 1975 immediately before 18 December 1987; and

(b) the amendments made by items 1, 2, 9 and 10 of this Schedule had commenced on 18 December 1987.

Note: 18 December 1987 is the day on which section 16 of the Australian Bureau of Statistics Act 1975 was amended by the Statute Law (Miscellaneous Provisions) Act 1987.

[Minister’s second reading speech made in—

House of Representatives on 26 June 2003

Senate on 7 October 2003]

(106/03)