Census and Statistics Regulation 2016

Part 1—Preliminary

1 Name

This is the Census and Statistics Regulation 2016.

3 Authority

This instrument is made under the Census and Statistics Act 1905.

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) authorised officer;

(b) Bureau;

(d) Statistician.

In this instrument:

Act means the Census and Statistics Act 1905.

Census night means the night of the Census day for a Census.

prescribed premises means premises in a class of premises prescribed by section 14.

private dwelling means a dwelling other than:

(a) a hotel, motel, hostel or boarding house; or

(b) a dwelling used solely or principally as sleeping accommodation by members of a group of persons who share common living or dining areas or other common amenities; or

(d) a residential institution (including a hospital, nursing home, school, university, college, orphanage, house of refuge, prison or other penal or corrective institution); or

(e) a vessel, other than a houseboat, used in navigation by water.

6 Extension of the Act to external Territories

For section 2 of the Act, the following external Territories are prescribed:

(a) Norfolk Island;

(b) the Territory of Christmas Island;

7 Engagement of persons to assist the Statistician

(1) For paragraph (b) of the definition of officer in section 3 of the Act, the Statistician may engage persons, including members of the staff of the Bureau referred to in subsection 16(1) of the Australian Bureau of Statistics Act 1975, to assist in the carrying out of the functions of the Statistician.

(2) A person engaged by the Statistician under subsection (1) must carry out such duties as the Statistician considers will assist in the carrying out of the functions of the Statistician.

8 Undertaking of fidelity and secrecy form

For the purposes of section 7 of the Act the form set out in Schedule 1 is prescribed.

Part 2—The Census

9 Statistical information for the Census—persons

For subsection 8(3) of the Act, the matters mentioned in the following table are prescribed in relation to persons.

Statistical information for the Census—persons
Item	Matter
1	Name
2	Sex
3	Date of birth or age last birthday
4	Relationship to the other persons, if any, who spend the Census night in the same accommodation
5	Present marital status
6	Address of usual residence
7	Address of usual residence 1 year before the Census day
8	Address of usual residence 5 years before the Census day
9	Religion or religious denomination
10	Citizenship
11	Aboriginal or Torres Strait Islander origin
12	Ancestry
13	Country of birth
14	Country of birth of each parent
15	For a person not born in Australia—the year of the person’s first arrival in Australia
16	Languages used at home
17	For a person who uses a language other than English at home—the person’s proficiency in speaking English
18	Present attendance at an educational institution, including the type of institution attended (if any)
19	For a person who is not less than 15 years of age, the following: (a) the highest level of primary or secondary school completed; (b) educational qualifications; (c) labour force status; (d) income; (e) domestic activities; (f) the provision of unpaid care due to the disability, long term illness or old age of another person; (g) the provision of care to a child, without pay; (h) voluntary work through an organisation or group; (i) service in the Australian Defence Force
20	For a person who is not less than 15 years of age and was employed (including self‑employed) during the week immediately preceding the Census day, the following: (a) status in employment during that week; (b) occupation during that week; (c) the name and address of the undertaking in which the person was employed during that week; (d) the main kind of business or industry carried on, or service provided, by that undertaking during that week; (e) the hours worked by the person during that week; (f) the main duties or tasks that the person usually performs in the occupation; (g) the mode of travel to work by the person on the Census day; (h) if the person owns a business, the total number of persons who are employed by the business
21	The need for assistance with, or the supervision of another person for, any of the following activities (including the reason for the need): (a) self care; (b) body movement; (c) communication
23	Health conditions diagnosed by a doctor or a nurse
24	For a person who is not less than 16 years of age—sexual orientation and gender

10 Statistical information for the Census—household accommodated on the Census night in a private dwelling

For subsection 8(3) of the Act, the matters mentioned in the following table are prescribed in relation to a household accommodated on the Census night in a private dwelling.

Statistical information for the Census—household accommodated on the Census night in a private dwelling
Item	Matter
1	The address on the Census night
2	For a person who is usually a member of the household but is absent from the household accommodation on the Census night, the following: (a) name; (b) sex; (c) date of birth or age last birthday; (d) student status; (e) relationship to other members of the household; (f) Aboriginal or Torres Strait Islander origin
3	The right, title or interest of the household in the household’s accommodation
4	The number of bedrooms in the dwelling
5	The rent or loan repayments payable by the household for its accommodation
6	If the dwelling is rented—the nature of the person or body to whom rent is paid
7	The number of registered motor vehicles, garaged or parked at or near the dwelling on the Census night, that are owned or used by residents of the dwelling

11 Statistical information for the Census—private dwelling

For subsection 8(3) of the Act, the matters mentioned in the following table are prescribed in relation to a private dwelling.

Statistical information for the Census—private dwelling
Item	Matter
1	The structure
2	The location
3	The status of a person in the dwelling

12 Statistical information for the Census—dwelling other than a private dwelling

For subsection 8(3) of the Act, the matters mentioned in the following table are prescribed in relation to a dwelling other than a private dwelling.

Statistical information for the Census—dwelling other than a private dwelling
Item	Matter
1	The classification of the dwelling by reference to its purpose
2	The status of a person in the dwelling
3	The address of the dwelling
4	The name (if any) of the dwelling
5	The number of persons resident in the dwelling

Part 3—Statistics

13 Statistical information that may be collected for publication

For section 9 of the Act, the matters mentioned in the following table are prescribed.

Statistical information for publication
Item	Matter
1	Accidents and injuries
2	Agricultural, apicultural, poultry, dairying and pastoral industries and related service industries
3	Assets, liabilities and financial operations and transactions of a natural person or an organisation
4	Banking
5	Births, deaths, marriages and divorces
6	Business, professional, personal and household services
7	Communications
8	Conditions of employment
9	Conservation and environment
10	Construction and demolition
11	Crime
12	Cultural activities
13	The Defence Force and police forces
14	Education
15	Employers’ and employees’ associations
16	Employment and unemployment
17	Energy
18	Finance
19	Fishing, hunting and trapping
20	Food preparation and food consumption
21	Forestry, saw milling and related service industries
22	Health benefit and health insurance schemes
23	Health, health services and quarantine
24	Housing
25	Income, expenditure and savings in relation to a person, household or family
26	Industrial disputes and arbitration
27	Insurance
28	Investment
29	Land tenure and occupancy
30	Law
31	Local government
32	Manufacturing
33	Migration
34	Mining, mineral and petroleum exploration, quarrying and related service industries
35	Overseas transactions
36	Ownership and control of property
37	Pension and superannuation schemes
38	Population and the social, economic and demographic characteristics of the population
39	Prices and charges
40	Public safety
41	Real estate including land and property development
42	Recreation and entertainment
43	Repairs and maintenance
44	Scientific research and development
45	Social and welfare services
46	Taxation
47	Tourism
48	Trade and commerce
49	Transport and storage
50	Wages, earnings, hours of employment and workers’ compensation
51	Water resources
52	Wholesaling and retailing

Part 4—Administration

14 Powers of entry—prescribed classes of premises

For subsection 18(1) of the Act, the classes of premises mentioned in the following table are prescribed.

Prescribed classes of premises
Item	Matter
1	For hotels and motels—the parts of the premises consisting of: (a) the foyer; and (b) any reception area; and (c) any corridor; and (d) any other area that is generally open to the public
2	Boarding houses
3	Hostels
4	For a building that contains flats or home units—a common area that is generally open to residents of the building
5	Caravan parks
6	Camping grounds
7	Construction camps
8	Mining camps
9	Premises being used in connection with agricultural, apicultural, poultry, dairying or pastoral industries
10	Business premises
11	For a housing development that is not open to the public—a common area that is generally open to residents of the development
12	The land surrounding premises mentioned in any of items 1 to 11, to the extent that the land: (a) is not separately occupied; and (b) is not used for the purposes of the residence or sleeping accommodation of a person or persons
13	The land surrounding a dwelling‑house (including a flat or home unit), to the extent that the land: (a) is not separately occupied; and (b) is not used for the purposes of the residence or sleeping accommodation of a person or persons

Note: The premises mentioned in the table do not include a dwelling‑house (including a flat or home unit), or a part of any other premises that is separately occupied or used for the purposes of the residence or sleeping accommodation of a person or persons: see subsection 18(2) of the Act.

15 Entry to prescribed premises

(1) Subsections (2) and (3) apply to a person who is:

(a) in charge of prescribed premises; or

(b) otherwise responsible for controlling the access of persons to prescribed premises; or

Failure to arrange for entry

(2) The person commits an offence if:

(a) the Statistician or an authorised officer has given the person reasonable notice that an authorised officer will attempt to enter the prescribed premises at a reasonable time, or during a reasonable period, specified in the notice for the purpose of:

(i) supplying persons with forms; or

(ii) collecting forms that have been supplied to persons; or

(iii) making inquiries for the purposes of the Act; and

(b) the person does not make arrangements that would allow an authorised officer to enter the prescribed premises at the time, or during the period, specified in the notice.

Penalty: 5 penalty units.

Refusal of entry after request

(3) The person commits an offence if:

(i) supplying persons with forms; or

(ii) collecting forms that have been supplied to persons; or

(iii) making inquiries for the purposes of the Act; and

(b) an authorised officer identifies himself or herself to the person as an authorised officer at the time, or during the period, specified in the notice; and

(c) the authorised officer asks the person to allow the authorised officer to enter the prescribed premises for the purpose of:

(i) supplying persons with forms; or

(ii) collecting forms that have been supplied to persons; or

(iii) making inquiries for the purposes of the Act; and

(d) the person does not allow the authorised officer to enter the prescribed premises.

Penalty: 5 penalty units.

16 Evidentiary certificates

(1) The Statistician may give a certificate that:

(a) a document attached to the certificate is a true copy of a notice directing a person specified in the certificate to:

(i) fill up and supply a form in accordance with instructions in, or accompanying, the form under subsection 10(4) of the Act; or

(ii) answer specified questions under subsection 11(2) of the Act; and

(b) in the case of a notice under subsection 10(4) of the Act:

(i) a form attached to the certificate is a true copy of the form that accompanied that notice; and

(ii) if instructions accompanied the form referred to in subparagraph (i), a document attached to the certificate is a true copy of those instructions.

(2) The Statistician may give a certificate that a document attached to the certificate is a true copy of an undertaking of the kind referred to in paragraph 13(2)(c) of the Act by a person specified in the certificate.

(3) In proceedings for an offence against the Act, a certificate given under this section is prima facie evidence of the facts specified in the certificate.

(4) For the purposes of this section, a document purporting to be a certificate given under this section is taken to be such a certificate, unless the contrary is proved.

Part 5—Transitional Matters

17 Things done under the Statistics Regulations 1983

(1) If:

(a) a thing was done for a particular purpose under the Statistics Regulations 1983 as in force immediately before that instrument was repealed; and

(b) the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done under this instrument.

(2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to:

(a) an engagement being made; and

(b) a certificate or other instrument being given or made.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Census and Statistics Regulation 2016	9 May 2016 (F2016L00706)	1 Oct 2016 (s 2(1) item 1)
Census and Statistics Amendment (Statistical Information) Regulations 2020	10 Feb 2020 (F2020L00109)	11 Feb 2020 (s 2(1) item 1)	—
Census and Statistics Amendment (Statistical Information) Regulations 2024	28 Oct 2024 (F2024L01356)	29 Oct 2024 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
s 2.....................	rep LA s 48D
s 4.....................	rep LA s 48C
Part 2
s 9.....................	am F2020L00109; F2024L01356
s 10....................	am F2020L00109
Schedule 2................	rep LA s 48C