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Statistics (Amendment) Act 2013

REPUBLIC OF VANUATU

STATISTICS (AMENDMENT) ACT NO. 6 OF 2013

Arrangement of Sections

1 Amendment
2 Commencement

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REPUBLIC OF VANUATU

Assent: 14/10/2013
Commencement: 04/11/2013

STATISTICS (AMENDMENT) ACT NO. 6 OF 2013

An Act to amend the Statistics Act [CAP 83].
Be it enacted by the President and Parliament as follows-

1 Amendment
The Statistics Act [CAP 83] is amended as set out in the Schedule.

2 Commencement
This Act commences on the day on which it is published in the Gazette.

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SCHEDULE
AMENDMENTS OF STATISTICS ACT [CAP 83]

1 Long Title
After “compilation” insert, “, reporting”

2 Section 1
Insert in their correct alphabetical positions:

“Committee means the Statistics Advisory Committee appointed under section 4;

Commission means the Public Service Commission appointed under the Public Service Act [CAP 246];

Office means the Vanuatu Statistics Office;”

3 Section 1 (definition of Statistician)
Repeal the definition, substitute

“Statistician means the Government Statistician appointed under section 3;”

4 Section 1 (definition of Department)
Repeal the definition.

5 Section 2 (heading)
Repeal the heading, substitute “Vanuatu Statistics Office”

6 Subsection 2(1)
Delete “Department of Statistics” substitute “Vanuatu Statistics Office”

7 Subsection 2(2)
Delete “Department”, substitute “Office”

8 After section 2
Insert

“2A References to the Department of Statistics

A reference in this Act or in any other Act or instrument to the Department of Statistics is taken to be a reference to the Vanuatu Statistics Office.”

9 Section 3 (heading)
Delete the heading, substitute “Government Statistician”

10 Subsection 3(1)
Delete “Principal Statistician”, substitute “Government Statistician”

11 Section 4
Repeal the subsection, substitute

“4. Statistics Advisory Committee

(1) The Statistics Advisory Committee is established.

(2) The Committee is to consist of the following persons who are to be appointed by the Minister for a period of 3 years:

(a) 1 person nominated by the Director General for the Ministry of Agriculture and Fisheries; and

(b) 1 person nominated by the Director General for the Ministry of Education; and

(c) 1 person nominated by the Director General for the Ministry of Health; and

(d) 1 person nominated by the Director General for the Ministry of Internal Affairs; and

(e) 1 person nominated by the Director General for the Ministry of Justice and Community Services; and

(f) 1 person nominated by the Director General for the Ministry of Trade and Business Development; and

(g) 1 person nominated by the Director General for the Office of the Prime Minister; and

(h) 1 person nominated by the Chamber of Commerce and Industry of Vanuatu; and

(i) 1 person nominated by the National Council of Chiefs; and

(j) the Chairperson of the Tourism Council.

(3) The Minister may appoint researchers on the recommendation of the Committee from time to time to assist the Committee to carry out its functions under this Act.

(4) The Minister is to appoint in writing from amongst the members, the Chairperson of the Committee for a period of 3 years.

(5) A member may resign from the Committee by notice in writing to the Minister.

(6) The Minister may remove a member on the following grounds:

(a) failure to attend 3 consecutive meetings of the Committee without the consent of the Chairperson or without reasonable excuse; or

(b) incapacitation; or

(c) incompetence.

4A. Meetings of the Committee
(1) The Committee is to meet at least once a year for the purpose of carrying out its functions under this Act and may hold such other meeting as is necessary for the proper performance of its functions under this Act.

(2) The Chairperson and 4 other members constitute a quorum at a meeting of the Committee.

4B. Functions of the Committee
The Committee is to advise the Minister and the Statistician on:

(a) the annual and long term work program of the office; and

(b) the improvement, extension and co-ordination of statistical services in Vanuatu; and

(c) matters relating generally to statistical services.”

12 After section 5
Insert

“5A Annual report

(1) The Statistician is to, within 3 months after the end of each financial year, submit a report to the Minister on the operations of the office.

(2) The Minister is to present the report at the next sitting of Parliament.”

13 Section 6
After “compile” insert“, report”

14 After section 6
Insert

“6A. Prohibition of publication or report of statistics that discloses identification

(1) The Statistician must not publish or report on the statistics in a manner that discloses the identification of an individual or an organization.

(2) Despite subsection (1) the Statistician may publish or report on the statistics in a manner that discloses the identification of an individual or an organization if:

(a) the individual or organization who provided the information consents that the information may be released; or

(b) this Act or any other Act provides for the release of such information; or

(c) the disclosure cannot be avoided because the individual or the organization is the only contributor of the information; or

(d) in the case of a release of an international trade statistics, the affected party shows that the information may disclose the identification of a person or an organization.”

15 At the end of section 7
Add

“(e) publish and distribute the results of statistical collections;

(f) promote and develop integrated social and economic statistics for Vanuatu to coordinate plans for the integration of those statistics;

(g) be responsible for the proper functioning of the Office;

(h) advise the Government Departments on:

(i) matters relating to statistical programmes; and

(ii) methods to collect, compile and publish data;

(i) be responsible for such other functions as may be prescribed by this Act or any other Act.

16 After section 7
Insert

“7A Delegation of functions and powers

The Statistician may delegate all or any of his or her functions and powers to any officers of the Office.”

17 After section 10
Insert

“10A Access to public and other records

If the Statistician is of the opinion that the information relating to the statistics may be obtained from:

(a) any government records or documents including returns, certificates, statements or other records; or

(b) any records or documents belonging to any local authority or to any person,

the Statistician may require the person who has access of the documents to grant access of such documents to him or her or any authorised officer for the purpose of correction or completion of statistics.”

18 Paragraph 11(2)(b)
Repeal the paragraph.

19 Paragraph 11(2)(c)
Re-letter the paragraph as “(b)

20 Section 13
Repeal the section, substitute

“13. Offence of disclosing information

A person employed at the Office who:

(a) knowingly discloses any information relating to any person who has been supplied or obtained under this Act; or

(b) by virtue of his or her employment:

(i) possess any information which might exert an influence upon or affect the market value of any share, interest, product or article; or

(ii) directly uses such information for personal gain; or

(iii) knowingly compiles for issue any false statistics or information; or

(iv) publishes or communicate to any person any information which he or she acquires outside official employment,

commits an offence and is liable on conviction to a fine not exceeding VT200,000 or imprisonment for a term not exceeding 12 months, or both.

21 Section 14(c)
After paragraph (c), insert

“(ca) refuses to provide information relating to statistics required by the Statistician or an authorized officer;”

22 Section 15
Repeal the section.