Statistics Act 1975

26 Duty of occupier and other persons abiding in dwelling

• (1) It shall be the duty of every occupier or person in charge of a dwelling to ensure that the particulars demanded in the schedules relating to any census of population and dwellings are furnished with respect to every person abiding in the dwelling of which he is the occupier or person in charge on the day of the census and who is alive at midnight at the end of that day, and who, not being already included in any other census schedule, arrived in that dwelling after that midnight and before midday on the day following.

  (2) If a person in respect of whom particulars are required to be furnished under subsection  (1) chooses to fill in and return an electronic schedule, the occupier or person in charge of the dwelling may comply with his or her duty under subsection (1) by—

  • (a) sighting a confirmation of receipt of the schedule that is issued electronically by the department—

    • (i) to the person who returned the schedule; or

    • (ii) to the occupier or person in charge of the dwelling; or

  • (b) obtaining verbal confirmation from the department that it has received the electronic schedule.

  (2A) Subsection (2B) applies if, either,—

  • (a) a person in respect of whom particulars are required to be furnished under subsection (1) does not choose to use an electronic schedule; or

  • (b) the occupier or person in charge of a dwelling is unwilling or unable to provide a computer facility for that person to use to access an electronic schedule.

  (2B) If this subsection applies, the person in respect of whom particulars are required to be furnished under subsection (1) must—

  • (a) ask the occupier or person in charge of the dwelling to supply a paper schedule; or

  • (b) obtain a paper schedule in accordance with the details published by the Statistician of how to obtain a schedule.

  (2C) An occupier or a person in charge of a dwelling who is asked under subsection (2B)(a) to supply a paper schedule to a person must make reasonable endeavours to do so.

  (2D) Any person in respect of whom particulars are required to be furnished under subsection (1), and who is not a member of the family of the occupier or person in charge of the dwelling, must—

  • (a) fill in any schedule or schedules that are personal to himself or herself; and

  • (b) furnish to the occupier or person in charge of the dwelling any particulars necessary for filling in any other schedule or schedules.

  (2E) A person who fills in a schedule pursuant to subsection (2D)(a) must,—

  • (a) in the case of a paper schedule,—

    • (i) return the schedule in accordance with any instructions received from the Statistician when the schedule was obtained; or

    • (ii) hand the schedule to the occupier or person in charge of the dwelling:

  • (b) in the case of an electronic schedule, either—

    • (i) return the schedule himself or herself; or

    • (ii) allow the occupier or person in charge of the dwelling to return the schedule.

  (2F) A person who is aged 15 years or over may deliver a paper schedule that he or she filled in pursuant to subsection (2D)(a) to the occupier or person in charge of the dwelling in a sealed envelope endorsed with the following information:

  • (a) the census district number:

  • (b) the census sub-district number:

  • (c) the schedule number or numbers:

  • (d) the person's name.

  (3) Every occupier or person in charge or census collector who opens any such envelope commits an offence against this Act:

  provided that it shall not be an offence for a census collector to open the envelope where these particulars have not been properly endorsed on the envelope and he has been unable after reasonable endeavours to have these particulars completed by the respondent.

  (4) Where a dwelling is occupied by 2 or more persons jointly, the duty imposed on the occupier or person in charge as to the furnishing of the particulars of the dwelling schedule for the census of population and dwellings shall lie upon the occupiers or persons in charge severally, save that the performance of the duty of the occupier or person in charge by one of the joint occupiers or persons in charge shall discharge the obligation of the other or others.

  Compare: 1955 No 45 s 24

  Section 26(2): replaced, on 7 July 2010, by section 8(1) of the Statistics Amendment Act 2010 (2010 No 86).

  Section 26(2A): inserted, on 7 July 2010, by section 8(1) of the Statistics Amendment Act 2010 (2010 No 86).

  Section 26(2B): inserted, on 7 July 2010, by section 8(1) of the Statistics Amendment Act 2010 (2010 No 86).

  Section 26(2C): inserted, on 7 July 2010, by section 8(1) of the Statistics Amendment Act 2010 (2010 No 86).

  Section 26(2D): inserted, on 7 July 2010, by section 8(1) of the Statistics Amendment Act 2010 (2010 No 86).

  Section 26(2E): inserted, on 7 July 2010, by section 8(1) of the Statistics Amendment Act 2010 (2010 No 86).

  Section 26(2F): inserted, on 7 July 2010, by section 8(1) of the Statistics Amendment Act 2010 (2010 No 86).

  Section 26(3): amended, on 14 August 1985, by section 6 of the Statistics Amendment Act 1985 (1985 No 119).

  Section 26(3): amended, on 7 July 2010, by section 8(2) of the Statistics Amendment Act 2010 (2010 No 86).

  Section 26(3) proviso: amended, on 14 August 1985, by section 6 of the Statistics Amendment Act 1985 (1985 No 119).

  Section 26(3) proviso: amended, on 7 July 2010, by section 8(2) of the Statistics Amendment Act 2010 (2010 No 86).