Commonwealth: Australian Bureau of Statistics Act 1975 (Cth)

Australian Bureau of Statistics Act 1975 No. 60, 1975 Compilation No. 11 Compilation date: 3 May 2019 Includes amendments up to: Act No. 49, 2019 Registered: 10 May 2019 About this compilation This compilation This is a compilation of the Australian Bureau of Statistics Act 1975 that shows the text of the law as amended and in force on 3 May 2019 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Australian Statistician to have functions etc. of Commonwealth Statistician Part II—Australian Bureau of Statistics and Australian Statistician 5 Establishment of Bureau and office of Statistician 6 Functions of Bureau 7 Appointment and tenure of office of Statistician 8 Statistician not to undertake any other work 9 Remuneration and allowances 10 Leave of absence 11 Resignation 12 Removal from office 15 Acting appointments 16 Staff 16A Persons seconded to the Bureau Part III—Australian Statistics Advisory Council 17 Establishment of Council 18 Functions of Council 19 Membership of Council 20 Resignation and removal of members 21 Remuneration of members 22 Meetings Part IV—Miscellaneous 24 Annual report on the Council 25 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish an Australian Bureau of Statistics and for related Purposes Part I—Preliminary 1 Short title This Act may be cited as the Australian Bureau of Statistics Act 1975. 2 Commencement This Act shall come into operation on a date to be fixed by Proclamation. 3 Interpretation In this Act, unless the contrary intention appears: Bureau means the Australian Bureau of Statistics established by subsection 5(1). Chairperson means the Chairperson of the Council holding office under subsection 19(2). Council means the Australian Statistics Advisory Council established by section 17. member means a member of the Council. Statistician means the Australian Statistician referred to in subsection 5(2). 4 Australian Statistician to have functions etc. of Commonwealth Statistician (2) After the commencement of this Act: (a) the Australian Statistician shall: (i) have the functions, powers and duties expressed by any Act, or by any regulations or other instrument made under any Act, to be conferred or imposed on the Commonwealth Statistician; and (ii) have the functions and powers expressed by a law of a Territory, or by any regulations or other instrument made under such a law, to be conferred on the Commonwealth Statistician; and (b) a reference in any Act, in any law of a Territory, or in an instrument under any Act or law of a Territory, to the Commonwealth Statistician shall have effect as if the office of Australian Statistician were a continuation of the office of the Commonwealth Statistician. Part II—Australian Bureau of Statistics and Australian Statistician 5 Establishment of Bureau and office of Statistician (1) There is hereby established a Bureau to be known as the Australian Bureau of Statistics. (2) There shall be an Australian Statistician. (3) The Bureau shall consist of the Statistician and the staff referred to in subsection 16(1). (4) The Statistician shall control the operations of the Bureau and shall have such other functions, powers and duties as are conferred or imposed upon the Statistician by or under any Act and such other functions and powers as are conferred upon the Statistician by or under any law of a Territory. (5) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the Bureau is a listed entity; and (b) the Statistician is the accountable authority of the Bureau; and (c) the following persons are officials of the Bureau: (i) the Statistician; (ii) the staff referred to in subsection 16(1); (iii) persons engaged under subsection 16(2); and (d) the purposes of the Bureau include: (i) the functions of the Bureau referred to in section 6; and (ii) the functions of the Statistician referred to in subsection (4) and section 4. 6 Functions of Bureau (1) The functions of the Bureau are as follows: (a) to constitute the central statistical authority for the Australian Government and, by arrangements with the Governments of the States, provide statistical services for those Governments; (b) to collect, compile, analyse and disseminate statistics and related information; (c) to ensure co‑ordination of the operations of official bodies in the collection, compilation and dissemination of statistics and related information, with particular regard to: (i) the avoidance of duplication in the collection by official bodies of information for statistical purposes; (ii) the attainment of compatibility between, and the integration of, statistics compiled by official bodies; and (iii) the maximum possible utilization, for statistical purposes, of information, and means of collection of information, available to official bodies; (d) to formulate, and ensure compliance with, standards for the carrying out by official bodies of operations for statistical purposes; (e) to provide advice and assistance to official bodies in relation to statistics; and (f) to provide liaison between Australia, on the one hand, and other countries and international organizations, on the other hand, in relation to statistical matters. (2) For the purpose of the performance of its functions and for the purpose of co‑ordinating statistical activities and securing the observance of statistical standards, the Bureau may collaborate with bodies, being Departments and authorities of the States, the Administrations and authorities of the external Territories and local governing bodies, in the collection, compilation, analysis and dissemination of statistics, including statistics obtained from the records of those bodies. (3) Subject to subsection (4), each new proposal for the collection of information for statistical purposes by the Bureau shall be laid before both Houses of the Parliament before its implementation, unless the proposal is for the collection of information on a voluntary basis. (4) Where, in relation to a proposal to which subsection (3) is applicable, being a proposal for the collection of information relating to businesses, the Minister considers it necessary to commence implementation of the proposal at a time when it is not practicable to comply with subsection (3) the Minister may authorize the implementation of the proposal without compliance with that subsection but in such a case particulars of the nature of the information to which the authorization relates shall be laid before each House of the Parliament within 5 sitting days of that House after the giving of the authorization. (5) For the purposes of this section: (a) a reference to statistical purposes shall be read as including purposes in connexion with the collection, compilation, analysis and dissemination of statistics; and (b) a reference to an official body shall be read as a reference to: (i) an Agency within the meaning of the Public Service Act 1999; or (ii) the holder of an office established for a public purpose by or under an Act or a law of an internal Territory; or (iii) a body corporate, or other body, established for a public purpose by or under an Act or a law of an internal Territory other than such a body corporate, or other body, that is declared by the regulations not to be an official body for the purposes of this Act. 7 Appointment and tenure of office of Statistician (1) The Statistician shall be appointed by the Governor‑General and, subject to this Act, holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment but is eligible for re‑appointment. (3) The Statistician holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General. 8 Statistician not to undertake any other work The Statistician shall not engage in paid employment outside the duties of his or her office except with the approval of the Minister. 9 Remuneration and allowances (1) The Statistician shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the Statistician shall be paid such remuneration as is prescribed. (2) The Statistician shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 10 Leave of absence The Minister may grant leave of absence to the Statistician upon such terms and conditions as to remuneration or otherwise as the Minister determines. 11 Resignation The Statistician may resign his or her office by writing signed by the Statistician and delivered to the Governor‑General. 12 Removal from office (1) The Governor‑General may remove the Statistician from office on an address praying for his or her removal on the ground of misbehaviour or incapacity being presented to the Governor‑General by each House of the Parliament in the same session of the Parliament. (2) The Governor‑General may suspend the Statistician from office on the ground of misbehaviour or incapacity. (3) Where the Governor‑General suspends the Statistician from office, the Minister shall cause a statement of the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension. (4) Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Statistician should be removed from office and, if each House so passes such a resolution, the Governor‑General shall remove the Statistician from office. (5) If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the suspension terminates. (6) The suspension of the Statistician from office under this section does not affect any entitlement of the Statistician to be paid remuneration and allowances. (7) If the Statistician becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, the Governor‑General shall remove the Statistician from office. (8) The Governor‑General may, with the consent of the Statistician, retire the Statistician from office on the ground of incapacity. (9) The Statistician shall not be removed or suspended from office except as provided by this section. 15 Acting appointments The Minister may, by written instrument, appoint a person to act as the Statistician: (a) during a vacancy in the office of the Statistician (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Statistician: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. 16 Staff (1) Subject to subsection (2), the staff required for the purposes of the Bureau shall be persons engaged under, or whose services are made available in accordance with arrangements made under, the Public Service Act 1999. (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. (2A) Persons referred to in subsection (1) may be engaged as mentioned in subsection (2) only in relation to: (a) the taking of the Census mentioned in the Census and Statistics Act 1905; and (b) the collection of other statistics and related information. (3) The terms and conditions of employment of persons engaged as mentioned in subsection (2) (including persons employed at the commencement of this Act) shall be such as are determined by the Statistician. (4) For the purposes of the Public Service Act 1999: (a) the Statistician and the APS employees assisting the Statistician together constitute a Statutory Agency; and (b) the Statistician is the Head of that Statutory Agency. 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. Part III—Australian Statistics Advisory Council 17 Establishment of Council There is hereby established a Council to be known as the Australian Statistics Advisory Council. 18 Functions of Council (1) The functions of the Council are to advise the Minister and the Statistician in relation to: (a) the improvement, extension and co‑ordination of statistical services provided for public purposes in Australia; (b) annual and longer term priorities and programs of work that should be adopted in relation to major aspects of the provision of those statistical services; and (c) any other matters relating generally to those statistical services. (2) Either the Minister or the Statistician, or both of them, may refer matters of the kind referred to in subsection (1) to the Council for the purpose of seeking the advice of the Council in relation to those matters. 19 Membership of Council (1) The Council shall consist of: (a) the Chairperson; (b) the Statistician; and (c) such other members, being not less than 10 and not more than 22 in number, as the Minister determines. (2) The Chairperson and the members referred to in paragraph (1)(c) shall be appointed by the Minister as part‑time members, and shall hold office, subject to this Act: (a) in the case of the Chairperson—for a period of 5 years; and (b) in the case of each other member—for such period, not exceeding 3 years, as is specified in his or her instrument of appointment; but are eligible for re‑appointment. (3) If the Premier of a State or the Chief Minister of the Australian Capital Territory or of the Northern Territory nominates a person for appointment to the Council, the Minister shall appoint that person as one of the members referred to in paragraph (1)(c) unless the Council already includes a member appointed on the nomination of the Premier of that State or the Chief Minister of that Territory, as the case may be. 20 Resignation and removal of members (1) A member may resign his or her office by writing signed by the member and delivered to the Minister. (2) The Minister may remove a member from office for misbehaviour or physical or mental incapacity. 21 Remuneration of members (1) A member of the Council shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the member shall be paid such remuneration as is prescribed. (2) A member of the Council shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 22 Meetings (1) The Council shall hold such meetings as are necessary for the performance of its functions, and shall meet at least once in every calendar year. (2) The meetings of the Council may be convened by the Chairperson or by the Minister. (3) At a meeting of the Council, a quorum is constituted by one‑third of the members for the time being holding office. (4) The Chairperson shall preside at all meetings of the Council at which the Chairperson is present. (5) If the Chairperson is not present at a meeting of the Council, the members present shall elect one of their number to preside at the meeting. (6) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present and voting. (7) The member presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote. Part IV—Miscellaneous 24 Annual report on the Council (1) The Council must, as soon as practicable after 30 June in each year, prepare and submit to the Minister, for presentation to the Parliament, a report relating to matters connected with the operation of this Act. (2) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister. 25 Regulations The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act. 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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in 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 Act Number and year Assent Commencement Application, saving and transitional provisions Australian Bureau of Statistics Act 1975 60, 1975 19 June 1975 3 May 1976 (see Gazette 1976, No. S23) Census and Statistics Amendment Act 1977 15, 1977 28 Feb 1977 28 Feb 1977 (see s. 2) s. 9 Public Service Reform Act 1984 63, 1984 25 June 1984 s. 151(1): 1 July 1984 (see Gazette 1984, No. S245) s. 151(9) Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 65, 1985 5 June 1985 s. 3: 3 July 1985 — Statute Law (Miscellaneous Provisions) Act 1987 141, 1987 18 Dec 1987 s. 3: Royal Assent ss. 5(1) and (5) Statute Law Revision Act 1996 43, 1996 25 Oct 1996 Schedule 4 (items 18, 19): Royal Assent — Public Employment (Consequential and Transitional) Amendment Act 1999 146, 1999 11 Nov 1999 Schedule 1 (items 113–116): 5 Dec 1999 (see s. 2(1), (2) and Gazette 1999, No. S584) — Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 159, 2001 1 Oct 2001 29 Oct 2001 Sch. 1 (item 97) Statistics Legislation Amendment Act 2003 106, 2003 21 Oct 2003 21 Oct 2003 — Acts Interpretation Amendment Act 2011 46, 2011 27 June 2011 Schedule 2 (items 116–118) and Schedule 3 (items 10, 11): 27 Dec 2011 Sch. 3 (items 10, 11) Statute Law Revision Act (No. 1) 2014 31, 2014 27 May 2014 Sch 7 (items 1, 2): 24 June 2014 — Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 62, 2014 30 June 2014 Sch 6 (item 8), Sch 7 (item 187) and Sch 14 (items 1–4): 1 July 2014 (s 2(1) items 6, 14) Sch 14 as amended by Public Governance and Resources Legislation Amendment Act (No. 1) 2015 36, 2015 13 Apr 2015 Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) Sch 7 as amended by Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) — Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) — Statute Update (A.C.T. Self‑Government (Consequential Provisions) Regulations) Act 2017 13, 2017 22 Feb 2017 Sch 1 (items 3, 4): 22 Mar 2017 (s 2(1) item 2) — Treasury Laws Amendment (2019 Measures No. 1) Act 2019 49, 2019 5 Apr 2019 Sch 4 (items 112, 113): 3 May 2019 (s 2(1) item 13) Sch 4 (item 113) Endnote 4—Amendment history Provision affected How affected Part I s 3..................... am No 141, 1987; No 31, 2014 s 4..................... am No 141, 1987 Part II s 5..................... am No 141, 1987; No 62, 2014 s 6..................... am No 141, 1987; No 146, 1999 s 7..................... am No 141, 1987; No 159, 2001 s 8..................... am No 141, 1987 s 9..................... am No 141, 1987; No 43, 1996 s 11.................... rs No 141, 1987 s 12.................... am No 141, 1987 s 13.................... rep No 65, 1985 s 14.................... rep No 141, 1987 s 15.................... am No 15, 1977; No 141, 1987; No 46, 2011 rs No 49, 2019 s 16.................... am No 63, 1984; No 141, 1987; No 146, 1999; No 106, 2003 s 16A................... ad No 106, 2003 Part III s 19.................... am No 141, 1987; No 13, 2017 s 20.................... am No 141, 1987 s 21.................... am No 141, 1987; No 43, 1996 s 22.................... am No 141, 1987 s 23.................... rep No 141, 1987 Part IV s 24.................... am No 141, 1987 rs No 62, 2014