Palau Sessional Legislation
EIGHTH OLBIIL ERA KELULAU
RPPL NO. 8-26
First Regular Session, February 2009
(Intro. As House Bill No. 8-13-1, HD1, SD2, PD1)
To enact a law requiring the compilation of statistical data for purposes of national development and to facilitate planning, and for other purposes.
THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:
Chapter 1. General Provisions
Section 101. Short Title. This Act may be cited as the AStatistics Act of 2011".
Section 102. Purpose. The purpose of this Act is:
(a) To establish a framework for the collection of statistics to provide information required by the National Government of the Republic of Palau, state governments and businesses for the purpose of making policy decisions;
(b) To facilitate a coordinated approach to statistics collection that produces useful information and eliminates duplication of requests for information; and
(c) To encourage the development of economic, social, demographic and other matters of interest to the National Government, state governments, businesses, and to the general public.
Section 103. Definitions. In this Act, unless the context requires otherwise:
(a) AAppropriate Management Official@ means the duly authorized person to act on behalf of an authoritative body of government.
(b) AAuthorized Officer@ means any person employed or appointed in the performance of any duty under this Act.
(c) ADirector@ means the Director of the Bureau of Budget and Planning, or his designee.
Chapter 2. Collections of Statistics
Section 201. Duties.
(a) In accordance with the provisions of this Act, it shall be the duty of the Director:
(1) To collect, compile, analyze, abstract and publish statistical information relating to the commercial, industrial, agricultural, social, economic and general activities and condition of the people, institutions and environment of the Republic;
(2) To promote, in consultation with the National Planning Committee, or similarauthoritative body, and other users of statistics in the Government of the Republic of Palau, the collection, compilation and analysis of the type of information required for development planning and for the evaluation of plan implementation;
(3) To collaborate with ministries, bureaus, divisions, and agencies and entities of the Government of the Republic of Palau in the collection, compilation, analysis, abstraction and publication of statistics from administrative records;
(4) To determine, in collaboration with governmental, semi-governmental and interested private bodies and organizations, standards (including concepts, definition, classifications, and procedures) for the collection, processing, and presentation of statistical information, and to ensure that the standards are implemented by government agencies; and
(5) To establish, develop and maintain a coordinated system of social and economic statistics in relation to the Republic of Palau.
(b) It shall be the duty of the Director to make such arrangements and to do all such things as are necessary and proper for the purpose of carrying into effect the provisions of this Act.
Section 202. Official statistics.
(a) The Director may collect, in the Republic or any part thereof, official statistics relating to Section 201(a)(1) of this Act, including any of the following:
(1) Population and housing;
(2) Vital occurrences and morbidity;
(3) Immigration and emigration;
(4) Internal and external trade;
(5) Primary and secondary production;
(6) Agriculture, including dairy, horticulture, pastoral and allied industries;
(7) Forestry and fishing;
(8) Factories, mines and productive industries generally;
(9) Employment and unemployment;
( 10) Salaries, wages, bonuses, fees, allowances and any other payments in case or kind and honoraria for services rendered;(11) Income, earnings, costs of production, profits and interest, and household expenditure;
(12) Social, educational, labor and industrial matters, including associations of employers, employees and other persons generally;
(13) Industrial disturbances and disputes:
(14) Banking and finance generally:
(15) Commercial and professional undertaking;
(16) Distributive trades;
(18) Transport and communication in all forms by land, water or air;
(19) Wholesale and retail prices of commodities, rents and cost of living;
(20) Injuries, accidents and compensation;
(21) Stocks of manufactured and unmanufactured goods;
(22) Sweepstakes, lotteries, charitable and other public collections of money;
(23) Land tenure, the occupation and use of land and the produce thereof;
(24) Local government;
(25) Fire, marine, life, and accident insurance;
(26) Transfers of land, mortgages or privileges on land, and leases of land;
(27) Information required for the computation of the national income of the Republic;
(28) Crime and law enforcement;
(29) Weather and other environmental conditions; and
(30) Any other matter as directed by the Director.
(b) The Director shall cause the statistics collected under this Act to be compiled, tabulated and analyzed and, subject to the provisions of this Act, may cause such statistics or abstracts thereof to be published, with or without comments thereon, in such manner as may be determined.
Section 203. Current statistics collection.
(a) As required by the Director after the commencement of this Act, the appropriatemanagement official of each ministry, bureau, division, agency and other government entity shall inform the Director of the statistics for which it or should be responsible. This information may, if the Director requires, include details of the concepts, classifications, and schedules used; the statistical methods and procedures employed; the resources employed; the means of publishing the official statistics and all other such matters as the Director may require so that duties under this Act may be exercised. Thereafter an authorized officer shall advise the Director of these matters when any new official statistics or substantial alteration to existing official statistics is being proposed in relation to such agency, or when any document which is being used or proposed to be used as the source of official statistics is being amended or drafted.
( b) The Director, after discussion with the appropriate management official of the government agency concerned, may in any specific or general case, waive or relax, in whole or in part, the duty under Subsection (a) of this Section in respect to that government agency.
(c) In the case of a disagreement or dispute between the parties in any discussion pursuant to Subsections (a) and (b) of this Section, the Director shall make the final determination regarding the type and extent of statistical data to be compiled.
Section 204. Restriction on publication.
(a) Except for the purposes of a prosecution under this Act, none of the following information shall be published, admitted in evidence, or disclosed to any person not employed in the performance of his or her duties established under this Act unless the consent thereto, in writing, has previously been obtained from the person, or, in the case of an undertaking or business, from the owner or person having the control, management or superintendence of the undertaking or business:
(1) an individual return, or part thereof, made for the purpose of this Act;
(2) an answer given to any question given for the purposes of this Act; and
(3) an report, abstract or other document, containing particulars comprised in any such return or answer so arranged so as to enable identification of such particulars with any person, undertaking or business.
Section 205. Statistical instructions. The Director may issue instructions as to:
(a) The standards to be complied with in the collection and dissemination of statistical information under or for the purposes of this Act;
(b) The procedures for the collection and dissemination of such information; and
(c) The form in which such information is collected and disseminated.
Section 206. Governmental agency statistics. Before any ministry, agency or other instrumentality of the Government of the Republic of Palau, a state government, or statutory corporation, commences a new statistical collection, whether or not the results are for publication, it shall consult the Director with respect to his functions under Section 201 of this Act.
Section 207. Power to obtain particulars.
(a) Where any statistical information is being collected in accordance with the provisions of the Act, an authorized officer may request any person from whom particulars may lawfully be requested under this Act to supply the authorized officer with such particulars as may be prescribed or which the Director may consider necessary or desirable in relation to the collection of such statistical information; and for the purpose of obtaining such particular information, a person shall, to the best of their knowledge and belief, fill out such forms, make such returns, answer such questions and give all such information, in such manner and within such reasonable time, as may be requested by the authorized officer.
(b) An authorized officer may request any person to supply particulars, either by interviewing such person personally or by leaving at his last known address, or posting to his last known address, a form having thereon a notice requesting the form to be completed and returned in the manner and within the time specified in the notice.
(c) Where any particulars are, by any document purporting to be issued by an authorized officer, requested to be supplied by any person, it shall be presumed until the contrary is proved:
(1) That the particulars may lawfully be requested from that person in accordance with the provisions of this Act; and
(2) That the document has been issued by an authorized officer.
Section 208. Access to public and other records. Where the Director has approved, or directed the collection of statistics relating to any matter, and where the Director is of the opinion that there can be obtained from any records or documents of the Government of the Republic of Palau, or from any records or documents belonging to any agency of the Government of the Republic or from any state government authority, or information sought with respect to the matter in relation to which the collection of statistics has been approved or directed as aforesaid in this Section, or information which would aid in the completion or correction of such statistics in this Section. Any person who has the custody or control of any such record or document shall, upon request, grant the Director or any authorized officer access to such information.
Chapter 3. Offenses and Penalties
Section 301. Improper use or disclosure of information.
(a) Subject to Subsection (d) of this Section, any person employed in the performance of any function under or for the purposes of this Act, who:
(1) by virtue of such employment or function comes into possession of any information which might influence or affect the market value of any share, interest or other security, or any product or article; and
(2) before the information is made public, uses it, directly or indirectly, for personal use or any other person gain; then
(3) such person shall be guilty of a felony and shall, upon conviction, be liable for a fine not exceeding $5,000 or to a term of imprisonment not exceeding three (3) years, or both.
(b) Subject to Subsection (d) of this Section, any person employed in the performance of any duty under or for the purposes of this Act who, without lawful authority, discloses to any person, other than in the course of that employment, any information that comes into their possession in the course of that employment, shall be guilty of a criminal offense and shall, upon conviction, be liable to a fine not exceeding $2,000 or a term of imprisonment not exceeding two (2) years, or both.
(c) Subject to Subsection (e) of this Section, any person who is in possession of any information which, to their knowledge, has been disclosed in contravention of this Act, and who without lawful authority, discloses to any person other than in the course of employment under or for the purposes of this Act, any such information, shall be guilty of a criminal offense and shall, upon conviction, be liable for a fine not exceeding $2,000 or to a term of imprisonment not exceeding two (2) years, or both.(d) It shall be a defense to a charge under Subsection (a) or ( b) of this Section, if the person charged proves that the information which is the subject of the charge also came into his possession before the alleged offense in a way not amounting to a contravention of this Act.
(e) It shall be a defense to a charge under Subsection (c) of this Section, if the person charged proves that the information, which is the subject of the charge, had, before the alleged offense,
already been made public, or disclosed to the person to whom he disclosed it, in a way not amounting to a contravention of this Act.
Section 302. Offenses in relation to the collection, etc., of information. Any person who does any of the following shall be guilty of a criminal offense and shall, upon conviction, be liable for a fine not exceeding $1,000 or to a term of imprisonment not exceeding one year, or both:
(a) Knowingly or recklessly makes, in any return, form or other document completed or supplied under this Act, or in any answer to any question or inquiry made under the authority of this Act, any statement which is untrue in any material particular; or
(b) Without lawful authority, destroys, defaces or mutilates any return, form or other document containing particulars collected under this Act.
Section 303. Obstruction, etc. A person who hinders or obstructs an authorized officer in the performance of their functions under this Act, shall be guilty of a criminal offense and shall, upon conviction be liable for a fine not exceeding $1,000 or to a term of imprisonment not exceeding one year, or both.
Chapter 4. Miscellaneous
Section 401. Privileged information.
(a) Nothing in this Act shall be construed as affecting any other law relating to the disclosure of any official, secret or confidential information.
(b) No person shall be required, under this Act, to supply information which necessitates the disclosure of any technical process or trade secret in or relating to an undertaking of which the person is the owner, or in the conduct or supervision of which that person is engaged.
Section 402. Questions as to other persons.
Notwithstanding any other provision of this Act, no person shall be compelled, under this Act,to disclose any information concerning any other person, except that persons may be compelled to disclose:
(1) Information concerning a company or association, corporate or unincorporated, of which the person concerned is a member, officer or servant;
(2) Information concerning a dependent or member of the household of the person concerned, or an individual for whom the person is, by law or by custom, responsible; or
(3) Information for the purpose of population statistics concerning the presence in any place or the absence from any place, of any person, together with relevant details of the person.
Section 403. Reports. The Director shall, at least once in every twelve month period, make a report to the President for presentation to the Olbiil Era Kelulau, on the collection of information for the purposes of this Act, and the administration of this Act.
Section 404. Regulations. The Director may promulgate rules and regulations in accordance with the Administrative Procedures Act not inconsistent with this Act, and, in particular, but without prejudice to the generality of the foregoing, may make regulations:
(a) Prescribing the particulars and information to be furnished in relation to any matter in which statistics may be collected under the provisions of this Act; and
(b) Prescribing a tariff of fees for the furnishing of statistics compiled under this Act and for special information or report supplied or special investigation carried out by the Director.
Section 405. Oath of secrecy. Every person employed in the performance of any duty under this Act shall, before beginning their duties, take and subscribe before an Officer of the Supreme Court or other person authorized by law to take oaths, car make an affirmation of the following:
(a) To fully and honestly fulfill duties in accordance with the Statistics Act of 2011; and
(b) To not, without due authority, disclose any information acquired by virtue of those duties or, until the information is made public, or to directly or indirectly use such information for personal gain of that of any other person.
Section 406. Severability. If any provision of this Act shall be held invalid, such invalidity shall not affect the other provisions of the Act, which can be given effect without such invalid provision, and to this extent, the provisions of this Act are severable.
Section 407. Repealer. RPPL 7-46, also known as the AStatistics Act of 2008" is hereby repealed in its entirety; the Act in this bill, the AStatistics Act of 2011" is intended to completely replace RPPL 7-46.
Section 408. Effective Date. This Act shall take effect upon its approval by the President of the Republic, or upon its becoming law without such approval.
PASSED: July 14, 2011
Approved this 10th day of August , 2011.
His Excellency Johnson Toribiong
President, Republic of Palau