Solomon Islands Consolidated Legislation
LAWS OF SOLOMON ISLANDS
ARRANGEMENT OF SECTIONS
AN ACT TO PROVIDE FOR THE COLLECTION, COMPLICATION, ANALYSIS AND PUBLICATION OF STATISTICAL INFORMATION AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO
[7th August 1970]
6 of 1970
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LN 88 of 1978
1. This Act may be cited as the Statistics Act.
2. In this Act, unless the context otherwise requires—
"authorised officer" means any person appointed as such under section 3;
"the Government Statistician" means the Government Statistician appointed under section 3(1).
Appointment of Government Statistician
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3.—(1) There may be appointed a Government Statistician who shall have and may exercise such powers and functions as are conferred on him by this Act.
(2) For the purpose of the performance of any of his duties under this Act, there may be employed such persons as may be necessary for the particular purpose.
(3) The Government Statistician may, in writing, appoint any person to be an authorised officer for the purposes of this Act.
(4) Any power conferred by this Act on an authorised officer may be exercised by the Government Statistician.
(5) Any appointment of a person for the purposes of this section—
(a) shall, if the appointment is to an office in the public service, be made pursuant to the Constitution; and
(b) in any other case—
(i) shall, in the case of the Government Statistician, be made by the Minister;
(ii) shall, in the case of an appointment for the purposes of subsection (2), be made by the Government Statistician with the approval of the Minister; and
(iii) shall, in the case of a person appointed for the purposes of subsection (3), be made by the Government Statistician.
Duties and powers of Government Statistician
4.—(1) It shall be the duty of the Government Statistician—
(a) to collect, compile, analyse, abstract and publish statistical information relating to the commercial, industrial, agricultural, social, economic and general activities and condition of the people of Solomon Islands;
(b) to collaborate with departments of the Government in the collection, compilation, analysis and publication of statistical records of administration; and
(c) generally to organise a co-ordinated scheme of social and economic statistics relating to Solomon Islands,
in accordance with the provisions of this Act.
(2) It shall be the duty of the Government Statistician to make such arrangements and to do all such things as are necessary for the performance of his duties under this Act.
Collection of statistical information
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5.—(1) With the approval of the Minister the Government Statistician may, and on the direction of the Minister the Government Statistician shall, collect in Solomon Islands or any part thereof statistical information relating to all or any of the matters set out in the First Schedule.
(2) The Minister may from time to time, by order, amend the First Schedule.
Compilation and tabulation of statistical information
6. The Government Statistician shall cause the statistical information collected under this Act to be compiled, tabulated and analysed and, subject to the provisions of this Act, may cause such statistical information or abstracts thereof to be published with or without observations thereon, in such manner as he may determine.
Restriction on publication
7. Except for the purposes of a prosecution under this Act—
(a) no individual return, or part thereof, made for the purposes of this Act;
(b) no answer given to any question put for the purposes of this Act; and
(c) no report, abstract or other document, containing particulars comprised in any such return or answer so arranged as to enable identification of such particulars with any person, undertaking or business,
shall be published, admitted in evidence, or shown to any person not employed in the execution of a duty under this Act unless the previous consent in writing thereto has been obtained from the person making such return or giving such answer, or, in the case of an undertaking or business, from the person having the control, management or superintendence of the undertaking or business:
Provided that nothing in this section shall prevent or restrict the publication of any such report, abstract or other document which would make identification of any undertaking possible merely by reason of the fact that the particulars relate to an undertaking which is the only undertaking within its particular sphere of activities, if such report, abstract or other document is so arranged as to disclose, in respect of such undertaking, only the following information—
(a) either the quantity or the value of any description of goods manufactured, produced or exported or sold, and
(b) the number of and any description of employees employed, and
(c) any other information which has been furnished or supplied under this Act, to the publication of which no objection has been made in writing by the person furnishing or supplying such information at the time of furnishing or supplying such information.
Power to obtain particulars
8.—(1) Where any statistical information is being collected in accordance with the provisions of this Act, an authorised officer may require any person from whom particulars may lawfully be required under this Act to supply him with such particulars as may be prescribed or which the Government Statistician may consider necessary or desirable in relation to the collection of such statistical information; and on being so required such person shall, to the best of his knowledge and belief, complete such forms, make such returns, answer such questions and give all such information, in such manner and within such reasonable time, as may be required by the authorised officer.
(2) An authorised officer may require any person to supply him with particulars either by interviewing such person personally or by leaving at the last known address, or posting to the last known address, of such person a form having thereon 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) Where any particulars are, by any document purporting to be issued by an authorised officer, required to be supplied by any person, it shall be presumed until the contrary is proved—
(a) that the particulars may lawfully be required from that person in accordance with the provisions of this Act, and
(b) that the document has been issued by an authorised officer.
Access to public and other records
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9. Where the Minister has given his approval to, or directed, the collection of statistical information relating to any matter set out in the First Schedule, and where the Government Statistician is of opinion that there can be obtained from any Government records or documents or from any records or documents belonging to any local authority information sought in respect of such matter, any person who has the custody of any such record or document shall grant access thereto to the Government Statistician or any authorised officer.
Disclosure of information not obligatory in certain cases
10.—(1) Nothing in this Act contained 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 Government 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 Government Statistician, or such authorised officer as before a court of law.
(2) A person shall not be required to supply any information under this Act which involves the disclosure of any technical process or trade secret in or relating to the undertaking of which he is the owner or in the conduct or supervision of which he is engaged.
Power of entry
11. An authorised officer may, at all reasonable times and upon production, if required, of his authorisation, for any purpose connected with the collection of statistical information, enter and inspect any land, building, vehicle or vessel where persons are employed, other than a dwelling-house, and may make such enquiries as may be necessary for the collection of such information.
Oath of secrecy
12. Every person employed in the execution of any duty under this Act shall, before entering on his duties, make and subscribe before a Magistrate, or other person authorised by law to administer oaths, an oath in the form set out in the Second Schedule.
13.—(1) Any person, being employed in the execution of any duty under this Act, who—
(a) by virtue of such employment or duty becomes possessed of any information which might influence or affect the market value of any share, interest or other security, product or article, and who, before such information is made public, directly or indirectly uses it for personal gain; or
(b) without lawful authority publishes or communicates to any person otherwise than in the ordinary course of his employment any information acquired by him in the course or such employment; or
(c) knowingly compiles for issue any false statistics or information,
shall be guilty of an offence and shall be liable to imprisonment for two years and to a fine of eight hundred dollars.
(2) Any person, being in possession of any information which to his knowledge has been disclosed in contravention of this Act, who publishes or communicates such information to any person shall be guilty of an offence and shall be liable to imprisonment for two years and to a fine of eight hundred dollars.
(3) Any person who—
(a) hinders or obstructs an authorised officer in the lawful performance of any duties or in the lawful exercise of any powers imposed or conferred upon him under this Act; or
(b) refuses or neglects—
(i) to complete and supply, 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
(ii) to answer any question or inquiries put to or made of him,
under this Act; or
(c) knowingly or recklessly makes in any return, form or other document completed by him under this Act, or in any answer to any question or inquiry put to or made of him under this Act, any statement which is untrue in any material particular; or
(d) without lawful authority or excuse, destroys, defaces or mutilates any return, form or other document containing particulars collected under this Act; or
(e) refuses without reasonable cause to grant access to records and documents in accordance with the provisions of section 9,
shall be guilty of an offence and shall be liable to imprisonment for one year and to a fine of four hundred dollars.
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14. The Minister may make regulations generally for the better carrying into effect of the provisions of this Act, and, in particular, but without prejudice to the generality of the foregoing, for—
(a) prescribing the particulars and information to be furnished in relation to any matter in respect of which statistical information may be collected under the provisions of this Act;
(b) prescribing the manner and form in which, the times and places at which and the persons by whom such particulars and information shall be furnished.
LN 88 of 1978
Oath of Office and Secrecy
I, do swear that I will
faithfully and honestly fulfil my duties as
in conformity with the requirements of the Statistics Act, and that I shall not, without due authority, reveal any information acquired by virtue of my said duties, nor, until such information is made public, directly or indirectly use it for personal gain.
(No Subsidiary Legislation)