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Vanuatu Consolidated Legislation - 1988 |
Commencement: 11 July 1974
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 83
STATISTICS
ARRANGEMENT OF SECTIONS
SECTION
6. Collection of statistics
7. Functions of Statistician
8. Censuses
15. No administrative power to enforce Act
SCHEDULE 1-Collection of statistics
SCHEDULE 2-Undertaking of secrecy under section 12 of the Statistics Act, Cap. 83
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STATISTICS
To provide for the collection, compilation and publication of official statistics in Vanuatu.
INTERPRETATION
1. In this Act, unless the context otherwise requires -
"statistics" means information in connection with, or incidental to, all or any of the matters specified in Schedule 1;
"Department" means the Department of Statistics established under section 2;
"Statistician" means the Principal Statistician, the head of the Department of Statistics;
"authorised officer" means any person appointed as such under section 5;
"Minister" means the Minister responsible for statistics;
"person" means an individual or group of persons, whether incorporated or not;
"return" means a form filled in under the provisions of this Act.
DEPARTMENT OF STATISTICS
(2) The Department shall be an independent section of the Ministry responsible for statistics.
GOVERNMENT STATISTICIAN
(2) The Statistician shall be directly responsible to the Minister.
(3) The Statistician shall be responsible for the proper functioning of the Department.
(4) The Statistician may, with the approval of the Minister, delegate any or all of his powers functions and duties.
STATISTICS COMMITTEE
AUTHORISED OFFICERS
(2) Any power conferred by this Act on an authorised officer may be exercised by the Statistician.
COLLECTION OF STATISTICS
FUNCTIONS OF STATISTICIAN
(a) develop and maintain a coordinated system of statistics for Vanuatu;
(b) advise the Government as required by or on behalf of the Minister on all matters relating to statistics;
(c) provide technical advice, as required by or on behalf of the Minister, to other Government departments and bodies and to non-government institutions, on the conduct of statistical activities;
(d) make recommendations to the Statistics Committee concerning statistics programmes and priorities.
CENSUSES
POWERS AND AUTHORITY OF STATISTICIAN
(a) determine statistical standards, including the concepts, definitions, scope, collection methods, forms, procedures and the form of presentation of results, to be adopted in respect of statistical collections to be undertaken by the Department or other departments of the Government;
(b) require other departments of the Government to modify procedures, amend forms, or grant access to records or documents to facilitate the collection of statistics;
(c) issue all publications which are primarily statistical publications.
POWERS OF AUTHORISED OFFICERS
(2) An authorised officer may require any person to supply him with particulars either by interviewing such person personally or by leaving at or posting to the last known address of such person a form containing a notice requiring the form to be completed and returned in the manner and within such reasonable time as may be specified in the notice.
(3) An authorised officer may at all reasonable times and upon production, if required, of his authorisation enter and inspect any place of business for any purposes connected with the collection of statistical information and may make such enquiries as may be necessary for the collection of such information.
SECRECY OF INFORMATION
disclosed in any way except to authorised officers acting in the execution of any duty under this Act;
(b) shall be absolutely privileged in all proceedings of any court, council, committee, board of enquiry or any other authority, other than for the purposes of any, prosecution for a breach of this Act when the same shall be disclosed in camera.
(2) Notwithstanding the provisions of subsection (1), the Statistician may in his discretion -
(a) return any information, returns or documents obtained under the provisions of this Act to the person who supplied the same;
(b) forward any returns, documents or information obtained under the provisions of this Act to any oversea organisation for computer processing purposes;
(c) publish or otherwise disclose particulars relating to any person which have been obtained
(i) from any other government department or body;
(ii) directly from the person concerned provided that no objection to such disclosure was made in writing on the appropriate section of the return when the information was supplied or at any other time.
(3) Nothing in this section shall affect or be deemed to affect any written or other law relating to the disclosure or non-disclosure of any official, secret or confidential information, evidence or document and any person required by the Statistician or by an authorised officer to supply any information, to give any evidence or to produce any document shall be entitled in respect of such information, evidence or document to plead the same privilege before the Statistician or such authorised officer as he would before a court of law.
UNDERTAKING OF SECRECY BY AUTHORISED OFFICERS
OFFENCE OF DISCLOSING INFORMATION
OTHER OFFENCES
(a) wilfully obstructs the Statistician or an authorised officer in the lawful performance of any duties or in the lawful exercise of any powers imposed or conferred upon him by this Act;
(b) refuses or neglects to complete and supply to the best of his knowledge and belief, within such time as may be specified in that behalf, the particulars required in any return, form or other document left with or sent to him or to answer any question or inquiries put to or made of him under the provisions of this Act;
(c) knowingly or recklessly makes in any return, form or other document completed by him under the provisions of this Act, or in any answer to any question or inquiry put to or made of him under the provisions of this Act, any statement which is untrue in any material particular;
(d) without lawful authority or excuse, destroys, defaces or mutilates any return, form or other document containing particulars collected under the provisions of this Act; or
(e) impersonates an authorised officer,
shall be guilty of an offence punishable on conviction by a fine not exceeding VT100,000 or by imprisonment for a term not exceeding 6 months or by both such fine and imprisonment.
NO ADMINISTRATIVE POWER TO ENFORCE ACT
____________________________
SCHEDULE 1
COLLECTION OF STATISTICS
The Statistician is authorised to obtain from a person as defined in this Act, either verbally or in writing, information in respect of the following industrial activities and social, economic and demographic subjects -
10. Population, vital events and migration (including tourism).
12. Health.
13. Education.
14. Social conditions, including housing.
16. Food consumption and nutrition.
17. Overseas trade.
18. Price and rents.
22. Any other matters prescribed by Order made by the Minister.
Note - The industrial activities numbered 1 to 9 above are those listed in the International Standard Industrial Classification of all Economic Activities published by the United Nations in "Statistical Papers, Series M, No. 4, Rev. 2, 1968". This publication contains a more detailed description of the activities concerned.
_____________________________
SCHEDULE 2
UNDERTAKING OF SECRECY UNDER SECTION 12 OF
THE STATISTICS ACT, CAP. 83
I, ..................................................of ................................................
being an officer exercising powers or duties conferred or imposed on me by or under the Statistics Act, Cap. 83, undertake not to disclose knowingly any information supplied in pursuance of the said Act, except as allowed by that Act.
......................................................
(Signature)
Signed at ........................ this ............... day of ...................... 19......
___________________________
[Subsidiary]
SUBSIDIARY LEGISLATION
STATISTICS REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Interpretation
2. Constitution and functions of Committee
3. Procedure concerning Government departments
5. Autonomy of Department of Statistics
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SUBSIDIARY LEGISLATION
STATISTICS REGULATIONS
INTERPRETATION
"Committee" means the statistics Committee established under section 4 of the Statistics Act, Cap. 83;
"Department" means the Department of Statistics; "Statistician" means the Principal Statistician;
CONSTITUTION AND FUNCTIONS OF COMMITTEE
(2) The Committee shall have authority to invite other persons from government departments or private organisations to advise on subjects of interest to them.
(3) The Statistician or his delegate shall be the secretary of the Committee.
(4) Meetings of the Committee shall be held at least once in every quarter and in addition at the request of any member.
(5) The functions of the Committee shall be to determine the statistics programme and statistical priorities; to facilitate the implementation of that programme by taking steps to secure the provision of adequate finance and staff; to deal with any questions arising in respect of requests by the Statistician to heads of departments of the Government to ensure that applications by United Nations Organisations and similar bodies concerning official statistics on Vanuatu are forwarded to the Statistician for completion; and to decide whether prosecutions recommended by the Statistician under section 7 of the Statistics Act, Cap. 83 should proceed.
(6) The relationship between the Committee and the various departments of the Government shall be secured within the Committee by the representative of the department concerned.
PROCEDURE CONCERNING GOVERNMENT DEPARTMENTS
any request concerning a Government department may be referred direct to the head of the department concerned, provided that any difficulties concerning such requests, which cannot be settled by the Statistician and the head of the department concerned, shall be referred to the Committee by the Statistician.
NEW OR MODIFIED COLLECTIONS BY DEPARTMENTS TO BE NOTIFIED TO STATISTICIAN
AUTONOMY OF DEPARTMENT OF STATISTICS
(a) for budget purposes the Department shall be shown as a separate part of the Ministry;
(b) the Statistician shall be responsible for providing estimates of the revenue and expenditure of the Department;
(c) with the exception of those concerning the Statistician, staff reports concerning personnel of the Department shall be the responsibility of the Statistician. Reports concerning the Statistician shall be the responsibility of the Minister responsible for statistics;
(d) in respect of all other establishment matters relating to the Department, the Statistician is authorised to deal directly with the Public Service Department.
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