Queensland STATISTICAL RETURNS ACT 1896 Reprinted as in force on 13 December 1995 (includes amendments up to Act No. 58 of 1995) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning-This reprint is not an authorised copy Information about this reprint This Act is reprinted as at 13 December 1995. The reprint- · shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) · incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made-see List of legislation and List of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to- · express gender specific provisions in a way consistent with current drafting practice (s 24) · correct spelling and use different spelling consistent with current drafting practice (s 26) · use standard punctuation consistent with current drafting practice (s27) · use expressions consistent with current drafting practice (s29) · relocate marginal or cite notes (s 34) · use aspects of format and printing style consistent with current drafting practice (s 35) · omit provisions that are no longer required (s 37) · omit unnecessary referential words (s 41) · omit the enacting words (s 42A). Also see endnotes for information about when provisions commenced. Queensland Statistical Returns Act 1896 Statistical Returns Act 1896 STATISTICAL RETURNS ACT 1896 TABLE OF PROVISIONS Section Page 1 Short title 3 3 Definitions 3 3A Government statistician 3 4 Government statistician may collect and publish statistical information 3 5 Refusal or failure to furnish information etc. 5 6 Secrecy 5 7 Release of information 6 8 Proceedings for offences 6 9 Defendant to prove return of form 7 10 Certificate of government statistician prima facie evidence 7 11 Regulation making power 7 12 Approval of forms 7 13 Transitional provision about forms 7 ENDNOTES 1 Index to endnotes 9 2 Date to which amendments incorporated 9 3 Key 9 4 List of legislation 10 5 List of annotations 10 STATISTICAL RETURNS ACT 1896 [as amended by all amendments that commenced on or before 13 December 1995] An Act to facilitate the collection of statistical information s 1 Statistical Returns Act 1896s 4 s 1 Statistical Returns Act 1896s 4 ÷Short title 1. This Act may be cited as the Statistical Returns Act 1896. ÷Definitions 3. In this Act- "approved form" see section 12. Section 12 (Approval of forms) "person" includes a local government, society, institution, or a body of persons (whether incorporated or unincorporated). ÷Government statistician 3A. In this Act- "government statistician" shall mean the person appointed for the time being by the Governor in Council to be government statistician. ÷Government statistician may collect and publish statistical information 4.(1) The government statistician may collect and publish statistics in relation to- (a) population and vital statistics; (b) immigration and emigration; s 4 Statistical Returns Act 1896s 4 s 4 Statistical Returns Act 1896s 4 (c) social statistics; (d) factories and manufacturing industries; (e) wages, employment and unemployment; (f) tourism, recreational and household services; (g) imports and exports; (h) shipping; (i) transport and freight; (j) banking, insurance, finance and business services; (k) land tenure and occupancy; (l) agricultural, pastoral and kindred industries; (m) mining and mining industries (including quarries); (n) retail and distributive industries; (o) forestry; (p) fisheries; (q) local government; (r) water conservation and supply; (s) any other prescribed matters. (2) Without limiting the generality of subsection (1), the government statistician may make approved forms available to any person by delivery or in such other manner as the government statistician thinks fit or as may be prescribed. (3) An approved form must state the nature of the information the government statistician requires. (4) A person to whom an approved form is made available shall insert or cause to be inserted therein all the information required to the best of the person's knowledge and shall within 30 days after the form is made available to the person return it, duly filled up, to the government statistician or some person authorised by the government statistician to collect or receive the same. s 5 Statistical Returns Act 1896s 6 s 5 Statistical Returns Act 1896s 6 ÷Refusal or failure to furnish information etc. 5.(1) A person who- (a) refuses or wilfully neglects to fill or cause to be filled up a form made available to the person pursuant to section 4; or (b) refuses or wilfully neglects, within the period prescribed by section 4, to return the form duly filled up to the government statistician or to a person authorised by the government statistician to collect or receive the same; commits an offence against this Act, which shall be taken to be a continuing offence and is liable to a penalty of 2 penalty units for each day during which the refusal or neglect has continued. (2) A person may be prosecuted from time to time for the person's refusal or wilful neglect that constitutes an offence against subsection (1)(a) or (b) in respect of any period or periods during which the person's refusal or wilful neglect has continued. (3) A person who inserts or permits to be inserted in a form made available to the person pursuant to section 4 any information that is to the person's knowledge false commits an offence against this Act. Maximum penalty-2 penalty units. ÷Secrecy 6.(1) A person who is, or has been, employed in the office of the government statistician or in collecting or receiving forms referred to in section 4 or engaged in collating information on behalf of the government statistician shall not, except- (a) in accordance with a direction of the government statistician; or (b) for the purposes of this Act; divulge or communicate any information obtained under this Act. Maximum penalty-100 penalty units or 2 years imprisonment. (2) A person to whom is disclosed information that has been obtained under this Act and that the person knows or suspects to have been obtained under this Act shall not, whether within or outside the State, divulge or communicate that information or any part thereof unless- s 7 Statistical Returns Act 1896s 8 s 7 Statistical Returns Act 1896s 8 (a) the information or part in question was disclosed to the person pursuant to a direction of the government statistician under section 7 on terms such that the person was at liberty to divulge or communicate the information or part in question- (i) at will; or (ii) subject to a condition; or (b) the person believes on reasonable grounds that the information or part in question was disclosed to the person from whom the person obtained it as prescribed by paragraph (a); and in either case, where paragraph (a)(ii) is relevant to the case, the information or part in question is divulged or communicated in accordance with the condition. Maximum penalty-100 penalty units or 2 years imprisonment. ÷Release of information 7.(1) The government statistician may give a direction providing for and in relation to the disclosure of information obtained under this Act. (2) Without limiting the generality of subsection (1), directions may specify terms and conditions subject to which the information may be disclosed including terms and conditions as to the disclosure of the information by the person to whom it is to be disclosed. ÷Proceedings for offences 8.(1) An offence against this Act shall be prosecuted in a summary way under the Justices Act 1886 on the complaint of the government statistician or of some person authorised in that behalf by writing under the hand of the government statistician. (2) A complaint of an offence against section 6(2) that is committed outside the State shall be heard and determined at a place appointed for holding Magistrates Courts within the Central Division of the Brisbane District. (3) The authority of a person to make a complaint referred to in subsection (1) shall be presumed until the contrary is proved. s 9 Statistical Returns Act 1896s 13 s 9 Statistical Returns Act 1896s 13 ÷Defendant to prove return of form 9. In a prosecution under this Act it shall be incumbent upon any person charged with refusing or wilfully neglecting to return a form delivered to the person as aforesaid to prove that the person, within the time prescribed by section 4- (a) delivered such form duly filled up as aforesaid to some person authorised by the government statistician to receive the same; or (b) deposited or caused to be deposited in some post office such form addressed to the government statistician. ÷Certificate of government statistician prima facie evidence 10. In a prosecution under this Act the production of a certificate under the hand of the government statistician stating the date and contents of any letter addressed to the defendant, and the date upon which it was lawfully delivered, shall be prima facie evidence of the contents of such letter and the delivery thereof to the defendant. ÷Regulation making power 11. The Governor in Council may make regulations under this Act. ÷Approval of forms 12. The chief executive may approve forms for use under this Act. ÷Transitional provision about forms 13.(1) This section applies if- (a) immediately before its commencement, there was a form in use under section 4 for a matter; and (b) on the commencement, there is to be an approved form for the matter or a form may be approved for the matter. (2) Until there is an approved form for the matter, the form that was in use for the matter immediately before the commencement is taken to be the s 13 Statistical Returns Act 1896s 13 s 13 Statistical Returns Act 1896s 13 approved form for the matter. (3) This section expires 6 months after it commences. Statistical Returns Act 1896 Statistical Returns Act 1896 _ENDNOTES ´1 Index to endnotes Page 2 Date to which amendments incorporated 9 3 Key 9 4 List of legislation 10 5 List of annotations 10 ´2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 13 December 1995. Future amendments of the Statistical Returns Act 1896 may be made in accordance with this reprint under the Reprints Act 1992, section 49. ´3 Key Key to abbreviations in list of legislation and annotations AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation ch = chapter prov = provision def = definition pt = part div = division pubd = published exp = expires/expired R[x] = Reprint No.[x] gaz = gazette RA = Reprints Act 1992 hdg = heading reloc = relocated ins = inserted renum = renumbered lap = lapsed rep = repealed notfd = notified s = section om = omitted sch = schedule o in c = order in council sdiv = subdivision p = page SIA = Statutory Instruments Act 1992 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered prev = previous ´4 List of legislation Statistical Returns Act 1896 60 Vic No. 16 date of assent 16 December 1896 commenced 1 January 1897 (see s 2) as amended by- Statute Law Revision Act 1908 8 Edw 7 No. 18 s 2 sch 1 date of assent 23 December 1908 commenced on date of assent Bureau of Industry Act 1932 23 Geo 5 No. 25 pt 4 (as amd by 26 Geo 5 No. 9 s10) date of assent 15 December 1932 commenced 22 February 1933 (proc pubd gaz 25 February 1933 p 702) Statistics Act 1935 26 Geo 5 No. 9 ss 3-5 date of assent 17 October 1935 commenced on date of assent Statistical Returns Act Amendment Act 1986 No. 27 date of assent 8 April 1986 commenced on date of assent Statistical Returns Act Amendment Act 1987 No. 58 date of assent 1 October 1987 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1-2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent ´5 List of annotations Preamble om 8 Edw 7 No. 18 s 2 sch 1 Commencement s 2 om R1 (see RA s 37) Definitions s 3 sub 1995 No. 58 s 4 sch 1 def "approved form" ins 1995 No. 58 s 4 sch 1 def "person" sub 1995 No. 58 s 4 sch 1 Government statistician s 3A ins 1935 26 Geo 5 No. 9 s 4 amd 1986 No. 27 s 2 Government statistician may collect and publish statistical information prov hdg amd 1935 26 Geo 5 No. 9 s 3 s 4 sub 1932 23 Geo 5 No. 25 s 28(1) amd 1935 26 Geo 5 No. 9 s 3 sub 1987 No. 58 s 2 amd 1995 No. 58 s 4 sch 1 Refusal or failure to furnish information etc. s 5 amd 1935 26 Geo 5 No. 9 s 3 sub 1986 No. 27 s 3 amd 1995 No. 58 s 4 sch 1 Secrecy s 6 amd 1935 26 Geo 5 No. 9 s 3 sub 1986 No. 27 s 4 amd 1995 No. 58 s 4 sch 1 Release of information s 7 prev s 7 amd 1935 26 Geo 5 No. 9 s 3 om 1935 26 Geo 5 No. 9 s 5 pres s 7 ins 1986 No. 27 s 5 Proceedings for offences s 8 sub 1986 No. 27 s 6 amd 1995 No. 58 s 4 sch 1 Defendant to prove return of form s 9 amd 1935 26 Geo 5 No. 9 s 3 Certificate of government statistician prima facie evidence prov hdg amd 1935 26 Geo 5 No. 9 s 3 s 10 amd 1935 26 Geo 5 No. 9 s 3 amd 1995 No. 58 s 4 sch 1 Lawful delivery s 10A ins 1986 No. 27 s 7 om 1995 No. 58 s 4 sch 1 Regulation making power s 11 sub 1987 No. 58 s 3; 1995 No. 58 s 4 sch 1 Approval of forms s 12 ins 1995 No. 58 s 4 sch 1 Transitional provision about forms s 13 ins 1995 No. 58 s 4 sch 1 exp 28 May 1996 (see s 13(3))