EXPLANATORY STATEMENT
Issued by authority of the Finance Minister
Census and Statistics Act 1905
Census and Statistics (Statistical Information) Amendment Direction 2017
Paragraph 9(1)(b) of the
Census and Statistics Act 1905 (the Act) provides that the
Minister may, by notice in writing, direct the Australian Statistician to collect
statistical information in relation to a matter or matters prescribed in the regulations.
On 9 August 2017, the Treasurer made a direction to the Australian Statistician in the
Census and Statistics (Statistical Information) Direction 2017 (
the original
Direction) to collect and publish the following statistical information on or before
15 November 2017:
•
statistical information about the proportion of electors who wish to express a
view about whether the law should be changed to allow same-sex couples to
marry;
•
statistical information about the proportion of those participating electors who
are in favour of the law being changed to allow same-sex couples to marry; and
•
statistical information about the proportion of those participating electors who
are against the law being changed to allow same-sex couples to marry.
The purpose of the
Census and Statistics (Statistical Information) Amendment
Direction 2017 (
the amending Direction) is to clarify the statistical information to be
published and define eligibility for participation in the statistical survey as those
persons who would be entitled to vote in a federal election.
There were no conditions the Finance Minister was required to satisfy prior to issuing
the amending Direction.
The amending Direction commenced at the start of the day after it was registered on
the Federal Register of Legislation. The amending Direction applied from its
commencement.
Section 42 of the
Legislation Act 2003 (about disallowance of legislative instruments
by a House of Parliament) does not apply to this amending Direction (see item 2 in
the table in section 9 of the
Legislation (Exemptions and Other Matters)
Regulation 2015).
Consistent with Part 1 of Chapter 3 of the
Legislation Act 2003, the Australian
Statistician was consulted in the preparation of this amending Direction.
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Authorised Version Explanatory Statement registered 16/08/2017 to F2017L01041
Detailed description of provisions in the amending Direction
1. Name of amending Direction
Section 1 sets out the name of the amending Direction.
2. Authority
Section 2 identifies the original Direction, which the amending Direction clarifies.
3. Amendments to the original Direction
Section 3(3) amends the original Direction to clarify the distinction which section 12
of the Census and Statistics Act draws between the statistical information that is
collected and the results that are published.
Section 3(4) amends the original Direction to clarify eligibility for participation in the
statistical survey.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act
2011
Census and Statistics (Statistical Information) Amendment Direction 2017
This Legislative Instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The
Census and Statistics (Statistical Information) Amendment Direction 2017 clarifies the direction to the Australian Statistician of 9 August 2017 in relation to
statistical information that is collected and how it is published; and clarifies the
definition of elector.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any
human rights issues.
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Document Outline
