Australian Bureau of Statistics Act 1975
An Act to establish an Australian Bureau of Statistics and for related Purposes
3 May 2019
Includes amendments up to Act No. 49, 2019
australian-bureau-of-statistics-act-1975.pdf, p.1
10 May 2019
1 Short title
australian-bureau-of-statistics-act-1975.pdf, p.5
2 Commencement
3 Interpretation
Council means the Australian Statistics Advisory Council established by section 17.
4 Australian Statistician to have functions etc. of Commonwealth
Functions and powers of Australian Statistician
australian-bureau-of-statistics-act-1975.pdf, p.6
5 Establishment of Bureau and office of Statistician
australian-bureau-of-statistics-act-1975.pdf, p.7
5(1) Establishment of Bureau and office of Statistician
Establishment of Bureau and office of Statistician
Establishs the Australian Bureau of Statistics
5(2) Establishment of Bureau and office of Statistician
There shall be an Australian Statistician.
5(3) Establishment of Bureau and office of Statistician
5(4) Establishment of Bureau and office of Statistician
The Statistician shall control the operations of the Bureau.
The Statistician must control the operations of the Bureau.
such other functions and powers as are conferred upon the Statistician by or under any law of a Territory
Describes temporal scope of Statistician's authority
Supports argument for Statistician's role
5(5) Establishment of Bureau and office of Statistician
Listed entity and accountable authority designation
6 Functions of Bureau
australian-bureau-of-statistics-act-1975.pdf, p.8
6(1) Functions of Bureau
The Bureau must constitute the central statistical authority for the Australian Government.
The Bureau is a central statistical authority for the Australian Government.
6(2) Functions of Bureau
Collaboration with bodies for statistical activities
6(3) Functions of Bureau
Proposal for information collection must be laid before Parliament.
6(4) Functions of Bureau
Conditional commencement of proposal implementation without compliance with subsection (3)
6(5) Functions of Bureau
Reference interpretation for statistical purposes and official bodies
7 Appointment and tenure of office of Statistician
The Statistician shall be appointed by the Governor-General and holds office for a specified period.
australian-bureau-of-statistics-act-1975.pdf, p.9
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.
australian-bureau-of-statistics-act-1975.pdf, p.10
Prohibits Statistician from engaging in paid employment outside office duties.
9 Remuneration and allowances
9(1) Remuneration and allowances
Statue specifies remuneration for the Statistician.
Determines remuneration for the Statistician.
9(2) Remuneration and allowances
The Statistician shall be paid such allowances as are prescribed.
9(3) Remuneration and allowances
Remuneration Tribunal Act 1973 applies to this section.
10 Leave of absence
The Minister may grant leave of absence.
11 Resignation
The Statistician may resign by writing and delivering to the Governor-General.
12 Removal from office
12(1) Removal from office
The Governor-General may remove the Statistician from office on grounds of misbehaviour or incapacity.
12(2) Removal from office
The Governor-General may suspend the Statistician from office.
12(3) Removal from office
Statement of ground for suspension must be laid before Parliament within 7 sitting days.
12(4) Removal from office
Parliament can declare the Statistician should be removed from office within 15 sitting days.
12(5) Removal from office
Suspension terminates if House passes resolution within 15 days
Prohibits suspension if House passes resolution within 15 days
(5) If, at the expiration of 15 sitting days...
Temporal interval for passing resolution within 15 days
Temporal relationship between passing resolution and suspension termination
12(6) Removal from office
Statue of entitlement to remuneration and allowances upon suspension from office
12(7) Removal from office
Removal from office if Statistician becomes bankrupt
Statistician must be removed from office
Governor-General removes Statistician from office
12(8) Removal from office
The Governor-General may retire the Statistician from office on the ground of incapacity.
12(9) Removal from office
The Statistician shall not be removed or suspended from office except as provided by this section.
The Statistician cannot be removed or suspended from office.
(9) The Statistician shall not be removed or suspended from office except as provided by this section.
The removal of the Statistician is not permitted.
The removal of the Statistician overlaps with certain events.
The removal of the Statistician diffuses certain information.
The removal of the Statistician is enforced by certain rules.
15 Acting appointments
The Minister may appoint a person as Statistician by written instrument.
australian-bureau-of-statistics-act-1975.pdf, p.11
16 Staff
australian-bureau-of-statistics-act-1975.pdf, p.12
16(1) Staff
Staff required for Bureau purposes must be persons engaged under or made available in accordance with arrangements made under the Public Service Act 1999.
Staff must be persons engaged under or made available in accordance with arrangements.
16(2) Staff
Permits persons to assist in carrying out functions of the Statistician under certain conditions.
(2) Subject to subsection (2A), subsection (1) does not prevent the engaging...
16(2A) Staff
Staff may be engaged only in relation to taking the Census and collecting statistics.
Temporal relation to Census and statistics collection
16(3) Staff
Employment terms and conditions determined by the Statistician.
Employment terms and conditions are determined by the Statistician.
16(4) Staff
The Statistician and APS employees constitute a statutory agency.
16A Persons seconded to the Bureau
australian-bureau-of-statistics-act-1975.pdf, p.13
16A(1) Persons seconded to the Bureau
Permission for governmental agencies or international organisations to provide services.
Temporal relationship between Statistician and agencies/organisations
for the services of officers or employees...
16A(2) Persons seconded to the Bureau
Subsection (1) applies to an agency, authority or organisation.
16A(3) Persons seconded to the Bureau
Persons seconded to the Bureau must comply with subsection (1) in addition to arrangements made under the Public Service Act 1999.
Subsection (1) has effect in addition to, and not in substitution for, a provision of the Public Service Act 1999
Persons seconded to the Bureau must comply with subsection (1) if arrangements are made under the Public Service Act 1999
17 Establishment of Council
Establishment of Australian Statistics Advisory Council
australian-bureau-of-statistics-act-1975.pdf, p.14
18 Functions of Council
18(1) Functions of Council
The Council must advise the Minister and Statistician on statistical services.
The Council must advise the Minister and Statistician.
18(2) Functions of Council
Seeking advice from the Council on matters of a kind referred to in subsection (1)
Permission to refer matters to the Council
19 Membership of Council
19(1) Membership of Council
The Council must consist of at least 10 and no more than 22 members.
(c) such other members, being not less than 10 and not more than 22 in number, as the Minister determines.
The Chairperson is a member of the Council.
19(2) Membership of Council
Members must be appointed by the Minister for a specified period.
19(3) Membership of Council
The Minister must appoint a person nominated by the Premier or Chief Minister.
20 Resignation and removal of members
australian-bureau-of-statistics-act-1975.pdf, p.15
20(1) Resignation and removal of members
Member may resign office by writing signed and delivered to Minister.
20(2) Resignation and removal of members
Power to remove a member from office for misbehaviour or incapacity
21 Remuneration of members
21(1) Remuneration of members
Members of the Council must be paid remuneration.
21(2) Remuneration of members
Member of Council must be paid allowances as prescribed.
21(3) Remuneration of members
Subject to the Remuneration Tribunal Act 1973.
22 Meetings
The Council must hold meetings at least once a year.
24 Annual report on the Council
australian-bureau-of-statistics-act-1975.pdf, p.17
24(1) Annual report on the Council
Annual report on the Council must be submitted to the Minister.
24(2) Annual report on the Council
Minister must provide annual report to each House of Parliament within 15 sitting days.
25 Regulations
Governor-General may make regulations not inconsistent with this Act.
Governor-General has the power to make regulations.
Regulations must be prescribed in accordance with this Act.
19 June
australian-bureau-of-statistics-act-1975.pdf, p.21
3 May 1976 (see Gazette
28 Feb
28 Feb 1977 (see s. 2)
25 June
Statute Law (Miscellaneous Provisions) Act (No. 1)
5 June 1985
18 Dec
Royal Assent, Statute Law Revision Act 1996
25 Oct
11 Nov
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001
1 Oct 2001
29 Oct 2001
21 Oct
21 Oct 2003
27 June
Conditional commencement of Schedule 3 items 10 and 11
27 May
australian-bureau-of-statistics-act-1975.pdf, p.22
24 June 2014
Consequential and Transitional Provisions Act 2014
30 June
Conditional commencement of certain schedules
13 Apr
Amendment of Schedule 7 by Acts and Instruments (Framework Reform) Act 2015
10 Sept
Regulation of Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations)
22 Feb
5 Apr 2019
australian-bureau-of-statistics-act-1975.pdf, p.23