rangement of Provisions

PART I
PRELIMINARY

1. Short title and
commencement
2. Purpose of the Act
3. Act binds Government
4. Interpretation

PART II
ADMINISTRATION

Division 1 - Samoa Bureau
of Statistics

5. Establishment of the Bureau
6. General functions and
accountabilities
7. Specific functions
8. Powers of Bureau
9. Application of Public Service
Act 2004

Division 2 - Statistics
Advisory Board

10. Statistics Advisory Board
11. Functions of Board
12. Meetings and committees

Division 3 - Government
Statistician

13. Government Statistician,
functions and powers
14. Independence
15. Right to comment on statistics
16. Annual reports

PART III
PRINCIPLES,
INFORMATION AND
CONSULTATION

17. General principles
18. Information to be used for
statistical purposes only
19. Confidentiality paramount
20. Limited disclosure of certain
details permitted
21. Confidential information
cannot be obtained or
disclosed
22. Oath or affirmation by officer
relating to confidentiality
23. Oath or affirmation by other
persons


2 Statistics 2015, No. 8
24. Statistics functions of other
State entities

PART IV
CENSUS AND SURVEYS TO
COLLECT INFORMATION

25. Statistician to take census of
population, housing, and
agriculture
26. Information to be collected at
census of population and
housing
27. Surveys and other censuses
28. Mode of collection
29. Duty to complete schedules
and provide information
30. Duty to obtain schedules for
census
31. Exceptions to general duties
for census
32. Overseas business operating
in Samoa
33. Right of inspection and duty
to comply with requisitions
34. Power to request re-supply of
information

PART V
MISCELLANEOUS

35. Notice to be given to
Government Statistician of
existence of undertaking
36. Evidence
37. Offences
38. Ministerial instructions
39 Regulations
40. Repeal, transitional and
consequential amendment

Schedule

__________

2015, No. 8

AN ACT to regulate the collection, recording and analysis of
statistical information for the purpose of dissemination of
official statistics and for related purposes.
[27th
March 2015]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be cited
as the Statistics Act 2015.
(2) This Act commences on the date of assent by the Head of
State.


2015, No. 8 Statistics 3

2. Purpose of the Act - The purpose of this Act is to provide
for efficient and effective:
(a) co-ordination, collection, analysis, and publication of
official statistics in accordance with best practice;
(b) conduct of regular censuses and surveys;
(c) compliance with Samoa’s international obligations in
relation to statistics;
(d) carrying out of other functions in respect of registries
and statistics;
(e) carrying out of any other functions and powers that
may be conferred on the Bureau or the
Government Statistician under this Act or any
other enactment.

3. Act binds Government - This Act binds the Government.

4. Interpretation - In this Act, unless the context otherwise
requires:
“Bureau” means the Samoa Bureau of Statistics continued
under section 5;
“document” includes information held in paper, electronic, or
digital format or any other means that is capable of access
or transmission;
“dwelling”:
(a) means a building or structure, whether permanent or
temporary, that is wholly or partly used for human
habitation; and
(b) includes -
(i) a ship or other vessel in any port,
harbour, or dock in Samoa or on any river or
lake, or on a passage between any two (2)
Samoan ports; and
(ii) a bach, hut, caravan, tent or natural or
artificial shelter; and
(iii) an aircraft or vehicle of any kind,
and if a dwelling is let, sublet, or held in different apartments
that are occupied by different persons or families, each part
used for human habitation is a separate dwelling.


4 Statistics 2015, No. 8

“Government Statistician”:
(a) means the person holding that office under section 13;
and
(b) includes any officer or other person acting as a
delegate of the Government Statistician.
“Instruction” means a Ministerial Instruction issued under
section 39;
“Minister” means the Minister responsible for the Bureau;
“officer”:
(a) means an Assistant Chief Executive Officer or a
permanent or temporary officer or employee
employed in the Bureau; and
(b) includes the Government Statistician and any person
engaged on a contract for services to perform any
of the duties of an officer.
“Ministry” has the same meaning given to it under the
Ministerial and Departmental Arrangements Act 2003;
“schedule” means a written record (whether in hard copy,
electronic or digital) of information produced or supplied
by any person under or as required by this Act that
contains information indentifying or directly or indirectly
permitting the identification of any person, business or
property;
“Secretary” means the officer designated under section
11(2)(a) as Secretary of the Board;
“State entity”:
(a) means a Ministry or any other institution or agency of
the State; and
(b) includes a public body listed under the Public Bodies
(Performance and Accountability) Act 2001.
PART II
ADMINISTRATION
Division 1 - Samoa Bureau of Statistics
5. Establishment of the Bureau-(1) The Department of
Statistics that existed immediately before the commencement of
this Act continues and is re-established under this section as the
Samoa Bureau of Statistics.

2015, No. 8 Statistics 5

(2) The Bureau may also be referred to as “SBS” or
“Statistics Samoa”.
(3) The Bureau is a government agency, and is under the
regulation of the Minister and the Government Statistician in
their respective functions and powers.
(4) All laws that apply to departments apply to the Bureau as
if it were a State entity.

6. General functions and accountabilities - The Bureau has
the following functions:
(a) the primary function to give effect to the purpose in
section 2;
(b) other functions conferred by -
(i) the Minister, this Act or any other
enactment;
(ii) section 25 or delegation under any
other enactment.

7. Specific functions - The Bureau has the following specific
functions:
(a) to carry out the collection and analysis of statistical
and related information as to -
(i) the economic, social, demographic and
other characteristics of Samoa; and
(ii) the activities of persons, businesses
and other organisations and institutions in
Samoa;
(b) to utilise and promote standard concepts, procedures,
definitions and classifications for use in official
statistics in line with international best practice;
(c) to independently publish official statistics without
delay;
(d) to liaise, advise and cooperate with State entities on
statistical projects carried out by the Bureau or
those entities;
(e) to advise the Government on matters regarding
statistical policy;
(f) to promote the avoidance of duplication of effort and
information in the area of official statistics;

6 Statistics 2015, No. 8

(g) to promote and assist non-governmental statistical
activities and collaborate with non-governmental
organisations in statistical activities based on their
records;
(h) to give effect to Samoa’s international statistical
obligations;
(i) to take the census of the population and housing,
census of agriculture and surveys and other census
under Part IV;
(j) to examine and comment on the interpretation and
validity of any published statistics, where the
Bureau considers that to be necessary or
appropriate;
(k) to promote understanding and appropriate use of
official statistics;
(l) to manage the Registry of Births, Deaths and
Marriages, and any other registry, if so directed
by the Minister.

8. Powers of Bureau - The Bureau has all the powers
reasonably necessary for the performance of any function of the
Bureau or the Government Statistician, under this Act or any
other enactment.

9. Application of Public Service Act 2004-(1) Except as
otherwise provided in this Act, the Public Service Act 2004
applies to the Government Statistician, the Bureau, and its
officers as if the Bureau is a Ministry.
(2) An officer of or any other person employed or engaged by
the Bureau is taken to be a public servant.

Division 2 - Statistics Advisory Board

10. Statistics Advisory Board-(1) The Board is established
consisting of the following members:
(a) a Chairperson appointed by the Head of State on the
advice of Cabinet for a term of three (3) years and
is eligible for re-appointment;


2015, No. 8 Statistics 7

(b) the Government Statistician or his or her
representative; and
(c) not less than five (5) and not more than seven (7)
other members collectively, with experience
in statistical or related matters, broadly
representative of interests concerned with the
production and use of statistics, including State
entities, employers, unions, information
technology, economic, financial and banking
interests, social interests, users and producers of
statistics, academics and consumer organisations.
(2) Members referred to in subsection (1)(c) are appointed by
the Head of State on the advice of Cabinet for a term of two (2)
years and are also eligible for reappointment.
(3) A Member of Parliament is not eligible to be appointed as
a member of the Board.
(4) A member (except a member who is an employee of a
State entity) is entitled to fees and allowances as determined by
Cabinet.
(5) The office of a member (other than the Government
Statistician) becomes vacant if the member:
(a) is absent, for, three (3) consecutive meetings of the
Board, without leave from the Board; or
(b) is removed from office by the Head of State on the
advice of Cabinet, for misconduct or incapacity
proven to the Cabinet’s reasonable satisfaction; or
(c) becomes a Member of Parliament; or
(d) dies.

11. Functions of Board-(1) The function of the Board is to
advise the Minister and Government Statistician with regard to
the following:
(a) the improvement, extension, co-ordination and
harmonisation or statistical activities;
(b) any gaps of deficiencies in providing statistical
services;
(c) the actual and perceived integrity of, and public
confidence and trust in, statistics;


8 Statistics 2015, No. 8

(d) the priorities and programmes of work to be adopted
by the Bureau;
(e) the promotion of an environment which is supportive
of the collection, production, dissemination and
use of statistics;
(f) the maintenance of confidentiality and security of
individual information;
(g) the maintenance of independence, accuracy,
relevance, integrity, timeliness, and professional
standards of statistical information.
(2) The Government Statistician must:
(a) designate an officer of the Bureau as the Secretary of
the Board; and
(b) provide the Board with resources as are necessary for
the effective performance of its functions.
(3) The Board may issue public statements on any matter
relating to its functions under this Act, after consultation with the
Minister and any State entity or other person involved in the
matter.

12. Meetings and committees-(1) The Board must meet at
least once in every calendar year or as necessary for the
performance of its functions.
(2) Meetings of the Board may be convened by the
Chairperson or must be called by the Secretary if requested by
three (3) Board members.
(3) Unless a member affected agrees otherwise, members
must be given five (5) clear working days’ notice of any meeting.
(4) At a meeting of the Board:
(a) a quorum is constituted by one-third of the current
members;
(b) the Chairperson, if present, must preside;
(c) if the Chairperson is absent, the members present
must elect one of their numbers to preside;
(d) any question arising is to be determined by a majority
of the votes of the members present and voting;
and
(e) the member presiding has a deliberative vote and a
casting vote.

2015, No. 8 Statistics 9

(5) Subject to this section, the Board may regulate its own
meetings procedures.
(6) The Board may appoint with a terms of reference any
committee to provide advice to the Board on matters relevant
under this Act as follows:
(a) membership may include persons who are not
members of the Board; and
(b) a member is entitled to remuneration approved by
Cabinet, except if he or she is a public servant,
constitutional appointee, or a member of
Parliament.
(7) The Secretary must ensure that the minutes of meetings of
the Board are promptly and correctly signed by the chair of the
meeting and published on the Bureau’s website.

Division 3 - Government Statistician

13. Government Statistician, functions and powers-(1) A
Government Statistician is established and to be appointed under
section 12 of the Public Service Act 2004.
(2) The Government Statistician is also the Chief Executive
Officer of the Bureau.
(3) The Government Statistician has the following functions:
(a) the primary function to ensure that he or she and the
Bureau carry out their functions, duties and
powers under this Act efficiently and effectively;
(b) to advise the Minister on statistical policy matters;
and
(c) to ensure that the Bureau has and complies with any
security protocols and processes as are reasonably
necessary to comply with (and ensure public
confidence in) the confidentiality provisions of
this Act;
(d) other functions and powers as are conferred by -
(i) the Minister, this Act or any other
enactment;
(ii) delegation from any person and
accepted by the Government statistician.


10 Statistics 2015, No. 8

14. Independence-(1) Subject to this Act and subsection (2),
the Government Statistician must solely determine:
(a) what and how statistics will be collected, analysed and
published; and
(b) the extent, format and timing of the publication of
statistics.
(2) The Minister may issue a written directive to the
Government Statistician as to any of the matters referred to in
subsection (1).
(3) The Government Statistician must comply with the
directive and may make public without comment:
(a) that collection or analysis of those statistics has
commenced or ceased at the direction of the
Minister; or
(b) that publication of those statistics has occurred,
ceased or been advanced or delayed at the
direction of the Minister.
(4) Irrespective of whether any public statement is made
under subsection (3), a direction by the Minister under
subsection (2) must be published on the Bureau’s website.
15. Right to comment on statistics - The Government
Statistician may include or make commentary or analysis, clearly
identified as such, in order to promote understanding of those
statistics when releasing or publishing statistics, or when
responding to reactions to those statistics as published.

16. Annual reports-(1) The annual report required to be
prepared by the Government Statistician under section 15 of the
Public Service Act 2004 must include the following:
(a) a statement of any advice from the Statistics Advisory
Board that has not been followed or implemented,
with reasons;
(b) a statement of any known significant departure from
best practice in the generation, collection,
analysis, certification, or publication of statistics;


2015, No. 8 Statistics 11

(c) a statement of any known significant non-compliance
with Samoa’s international obligations in relation
to official statistics (whether relating to the
Bureau, or not);
(d) a general description of any breach of the
confidentiality obligations imposed by this Act
(but not so as to compound the breach);
(e) a statement, without comment, of any direction given
by the Minister under section 15(2), whether or
not it has already been made public.
(2) The annual report must be published on the Bureau’s
website and made available at its principal office within one (1)
month after it is approved by the Minister, and it must remain
available for at least five (5) years.
PART III
PRINCIPLES, INFORMATION AND CONSULTATION
17. General principles-(1) The Bureau:
(a) is the principal authority in Samoa for the collection,
analysis, and publication of official statistics, and
the co-ordination of statistical operations in
Samoa; and
(b) must apply appropriate professional principles and
conform to recognised ethical standards in the
performance of its functions, and the exercise of
its powers; and
(c) when imposing obligations on any person or group of
persons, must have regard to the amount of
inconvenience and expense likely to be imposed
on those persons, and the direct and indirect value
of the information to be collected to those
persons, and others, before imposing the
obligation.
(2) The Bureau, the Government Statistician, and an officer
must ensure confidentiality of personal information and
commercially sensitive information, except as otherwise
expressly provided in this Act or any other law.


12 Statistics 2015, No. 8

18. Information to be used for statistical purposes
only - Information given to the Government Statistician or the
Bureau under this Act must be used for statistical purposes only,
and only in accordance with this Act.

19. Confidentiality paramount-(1) All information
published under this Act must be arranged to prevent any
information published from being identifiable by any person
(other than the person who supplied the information) as
information relating to a particular person unless:
(a) the person who supplied the information has
consented to the publication in that manner; or
(b) at the time of publishing it could have been
reasonably foreseen that a person could identify to
whom the information relates.
(2) An officer or other person with possession of or access to
a schedule or other similar survey or information must ensure
that the schedule or other similar survey or information is not
seen, accessed or copied by some other person other than the
officer or person who has made an oath or affirmation under
section 23 or 24.
(3) Subsection (2) does not apply to the extent that the prior
written consent has been given of the person who supplied the
schedule or information.
(4) In any civil or criminal proceedings alleging a breach of
subsection (3) it is for that person to prove that the consent had
been given.
(5) Nothing in this Act prevents the Bureau returning
information to the person or the State entity that supplied that
information.

20. Limited disclosure of certain details permitted-(1) As
an exception to section 20, the Government Statistician may
disclose the following information to the public, or to any person
who requests it:
(a) information that is already available to the public
without the breach of any law;


2015, No. 8 Statistics 13

(b) information supplied by any State entity if that State
entity has an obligation to make that information
public on request, or confirms to the Government
Statistician that it would make that information
available to the public if requested;
(c) information that is a list of names and addresses of
individual undertakings, including their
classifications and the number of persons engaged
in them; and
(d) details of external trade, movement of ships and
aircrafts, and cargo handled at ports and airports.
(2) As an exception to sections 20 and 22, the Government
Statistician may upon the written request of the Attorney
General, disclose the following information to the Attorney
General:
(a) information that may assist in protecting the National
Security of Samoa; and
(b) information required in the national interest of Samoa
during a State of Emergency or a Proclamation of
Disaster declared under any enactment.
(3) If the Government Statistician receives a request under
subsection (1), the Government Statistician may:
(a) provide it to the person who made the request; or
(b) make the information public instead of providing it to
the person who made the request.

21. Confidential information cannot be obtained or
disclosed-(1) A surveillance warrant or search warrant must not
be issued under the Police Powers Act 2007 to obtain
information that is required to be kept confidential by this Act.
(2) Any information that is required to be kept confidential
by this Act must not:
(a) be disclosed in any process of discovery under the
Evidence Ordinance 1961 or the rules of court;
(b) be required to be produced to any person engaged
in the administration of taxation or other
enactment; or


14 Statistics 2015, No. 8

(c) be voluntarily disclosed by the Government
Statistician to assist in the administration of any
Act, or to assist a court in any proceedings.
(3) The Government Statistician and an officer or person who
has made an oath or affirmation under section 23 or 24 is neither
a compellable witness nor a competent witness in any civil or
criminal proceeding in respect of any information that is required
to be kept confidential by this Act.
(4) Subsections (2) and (3) do not apply:
(a) to proceedings for any offence against this Act; or
(b) if the person who is the subject of the information has
given written consent to the release of the
confidential information.
(5) Any information that is required to be kept confidential
by this Act, but is released by mistake or misconduct, is
inadmissible in evidence in any civil or criminal proceeding
other than proceedings for an offence against this Act or
proceedings against any person allegedly responsible for the
release of the information.

22. Oath or affirmation by officer relating to
confidentiality-(1) An officer, before commencing duty, must
take and subscribe an oath or affirmation in the following form:

“I [Name] [solemnly swear/affirm] that I will
faithfully and honestly fulfil my duties as an officer of the
Bureau in conformity with the requirements of the
Statistics Act 2015 and all other laws and that any
information obtained or received by me as an officer of
the Bureau will:
(a) during my employment or engagement as an
officer, be disclosed by me only in
accordance with my official duties; and
(b) after that employment or engagement ceases,
be disclosed by me only with the express
authority of the Bureau.


2015, No. 8 Statistics 15

I acknowledge that any act or omission by me
in breach of this [oath/affirmation] may result in
disciplinary proceedings or my dismissal, and
may also render me subject to criminal
proceedings in which, if convicted, I may be
sentenced to a fine or imprisonment, or both”.

(2) The oath or affirmation may be administered by any
person before whom an affidavit may be sworn under section 14
of the Oaths, Affidavits and Declarations Act 1963.

23. Oath or affirmation by other persons-(1) A person who
is an employee of the State or who is working in or for an
approved organisation as an employee or contractor for the
Bureau may, at the discretion of the Government Statistician, be
permitted to make an oath or affirmation in the following form
(which may be amended as appropriate for particular
circumstances):

“I [Name] [solemnly swear/affirm] that I will
faithfully and honestly conform to the
requirements of the Statistics Act 2015 and all
other relevant laws of Samoa, and that any
information obtained or received by me relating
to statistical matters will be used only for the
purposes for which is made available [or specify
the purpose] and will be disclosed by me only
with the express authority of the Bureau.

I acknowledge that I have read and
understand my obligations under section 24(3) of
the Statistics Act 2015.

I acknowledge that any act or omission in
breach of this [oath/affirmation] may render me
subject to criminal proceedings which, if
convicted, I may be sentenced to a fine or
imprisonment, or both, in Samoa.”


16 Statistics 2015, No. 8

(2) The oath or affirmation may be administered by any
person before whom an affidavit may be sworn under sections
14, 15 or 16 of the Oaths, Affidavits and Declarations Act 1963.
(3) A person who has made an oath or affirmation under this
section:
(a) may exercise any functions and powers of an officer,
as the Government Statistician may specify;
(b) has all the obligations and privileges of an officer
under this Act;
(c) may use any schedules or other statistical information
of the Bureau immediately on request, or destroy
or delete the schedules or other statistical
information and all copies if so requested by the
Bureau.
(4) In this section, “approved organisation”:
(a) means any organisation, including any organ of the
United Nations, whether based in or operating in
Samoa or not, that is approved by the Minister for
the purposes of this section on the grounds that it
is conducting relevant research or analysis or
providing assistance to the Bureau; and
(b) includes a State entity.

24. Statistics functions of other State entities-(1) The
Government Statistician, after consultation with the chief
executive officer or general manager (howsoever called) of a
State entity, may recommend to the Minister and the Minister
responsible for that State entity that the functions of that State
entity in relation to the generation, collection, analysis,
certification, or publication of statistics:
(a) be performed by the Bureau either instead of or
jointly with the State entity; or
(b) be performed in a particular way so as to be consistent
with other statistical operations or best practice.
(2) If the Minister and the Minister responsible for a State
entity agree and so direct, the State entity must comply with the
direction.


2015, No. 8 Statistics 17

(3) If the Minister and the Minister responsible for a State
entity do not agree, then the Minister must refer the matter to the
Board for advice.
(4) A direction under subsection (2) does not authorise or
require the State entity or the employee of or contractor to a State
entity to act in breach of any confidentiality obligations imposed
on that State entity or person under any enactment or law.
(5) The employee of or contractor to a State entity must not
collect, process or see any information collected under the
authority of this Act unless that person has made an oath or
affirmation under section 24.
PART IV
CENSUS AND SURVEY TO COLLECT INFORMATION
25. Statistician to take census of population, housing, and
agriculture-(1) The Government Statistician must take a census
of the population and housing in 2016 and in every 5th
year
thereafter.
(2) The Government Statistician must take a census of
agriculture in 2019, and in every 10th
year after that.
(3) If the Minister directs otherwise, a census referred to in
this section must be taken at a shorter interval than provided; and
if this occurs, the 5 or 10 year period recommences from the date
the census is taken.
(4) The day and time for which each census referred to in this
section to be taken is to be specified by the Minister by Notice
published in the Savali.
(5) The period issued in this section for a census may be
extended by Notice by the Minister if the declaration of a
national emergency prevents the completion of the census
affected by the emergency.

26. Information to be collected at census of population
and housing-(1) At a census of population and housing, the
following particulars must be obtained from the occupier or
person-in-charge of a dwelling:
(a) the name and address, sex, age, and religious
affiliation of all the occupants of the dwelling;
and

18 Statistics 2015, No. 8

(b) the location, number of rooms, ownership, and the
number of occupants present on census night.
(2) At a census of population and housing the Government
Statistician may, if he or she considers it in the public interest to
do so, collect from the occupier or person-in-charge of a house,
information relating to any of the matters listed in the Schedule.

27. Surveys and other censuses-(1) At any time the
Government Statistician considers appropriate, the Government
Statistician may take a survey or further census of any of the
matters listed in the Schedule.
(2) The Minister may, by Order in the Savali, amend the
Schedule.

28. Mode of collection - To enable the collection of
information by means of a census or survey, the Government
Statistician must:
(a) design a schedule, as the Government Statistician
considers fit, which requests the particulars
necessary for the census or survey; and
(b) to the best of his or her ability endeavour to supply a
schedule to any affected person, dwelling, or
place of business by any means the Statistician
reasonably considers to be appropriate (which
may include notice of where an electronic
schedule can be obtained); and
(c) make additional schedules available for collection at
reasonable locations having regard to the nature of
the census or survey; and
(d) carry out other matters as prescribed by regulations.

29. Duty to complete schedules and provide information-
(1) A person-in-charge of a dwelling must supply, to the best of
his or her knowledge, accurately and comprehensively, all
information required by a census or survey within the time
specified by the Government Statistician.
(2) If a dwelling does not have a person-in-charge, an
occupier must supply, to the best of his or her knowledge,
accurately and comprehensively, all information required by

2015, No. 8 Statistics 19

a census or survey within the time specified by the Government
Statistician.
(3) A person who is not in a dwelling on census night has the
same duties as those persons living in a dwelling.
(4) In any other case, a person required to supply information
or complete a schedule or survey must do so, to the best of his or
her knowledge, accurately and comprehensively.
(5) If a dwelling has two (2) or more persons-in-charge or
occupiers, each of them must supply, to the best of their
knowledge, all information required by a census or survey; but
the performance of that duty by any one of them discharges the
duty of the other or others.
(6) If a census or survey requires information from a
corporate body, the directors or equivalent office holders or
persons-in-charge of the corporate body must each supply, to the
best of their knowledge all information required by that census or
survey; or ensure that another of their number do so.
(7) In this section, “information” includes any certificate or
declaration required by the Government Statistician.

30. Duty to obtain schedules for census-(1) A person who
has not received a relevant schedule and is expected to supply
information required by a census must:
(a) notify the Bureau of Statistics or obtain that schedule
from the Government Statistician; and
(b) complete the schedule as required; and
(c) retain the schedule until it is collected by an
authorised officer, or return the completed
schedule in accordance with any instructions
received from the Government Statistician.
(2) In any prosecution of a person for failure to complete or
return a census schedule, the fact that a schedule was not
delivered to the person is not a defence.

31. Exceptions to general duties for census-(1) A person
who by reason of illiteracy or infirmity is unable to complete a
schedule or provide information in relation to a census of
population and housing or a census of agriculture is entitled to
request assistance from the Bureau to meet his or her obligations.

20 Statistics 2015, No. 8

(2) A person who objects to stating the religion or sect to
which the person belongs, or whether the person belongs to any
religion or sect, may refuse or omit to supply that information;
but the person is not entitled to supply false information in that
regard.

32. Overseas businesses operating in Samoa-(1) The
provisions of this Act relating to censuses, schedules, surveys
and the provision of information apply to persons residing
outside Samoa and corporations or organisations incorporated or
constituted outside of Samoa, if they are carrying on business in
Samoa or have interests in Samoa.
(2) Obligations applying to persons, corporations or
organisations referred to in subsection (1) must be complied with
on their behalf by their manager, attorney or other agent in
Samoa.
(3) Nothing in subsection (2) requires a lawyer to commit a
breach of lawyer and client privilege.

33. Right of inspection and duty to comply with
requisitions-(1) Subject to subsections (2) and (3), the
Government Statistician or an authorised officer may:
(a) enter any place of business; and
(b) inspect any part of the premises or property, any
goods which are being stored or offered for sale
and any books of account, documents, or other
business records; and
(c) require any person who would normally be expected
to have the custody of any books of account,
documents or other business records to produce
the requested items for inspection within 48 hours
or such longer period as may be specified by the
requisition at the time it is made.
(2) The Government Statistician, or any duly authorised
officer, must not exercise the powers under subsection (1) except
under the authority of a warrant under subsection (3).
(3) A Judge may issue a warrant (“warrant”) to enter and
search any place of work if the Judge:


2015, No. 8 Statistics 21

(a) has received a sworn application by the Government
Statistician or authorised officer; and
(b) is satisfied, that it is necessary for a warrant to be
issued for the purpose of this section.
(4) The warrant authorises the person named in the warrant
to:
(a) enter, at any reasonable time, any place of business
and inspect the premises and any goods which are
being stored or offered for sale, and any books of
account, documents, or other business records;
and
(b) require any person who would normally be expected
to have custody of any books of account,
documents or other business records to produce
the requested items for inspection within 48 hours
or a longer period as may be specified in the
requisition at the time it is made.
(5) In this section:
“authorised officer” means an officer (by name or office
designation) of the Bureau authorised in writing by the
Government Statistician to exercise the powers under this
section;
“place of business”:
(a) includes a place of business that is or also comprises a
dwelling in whole or in part (such as a hotel or
farm); but
(b) does not include a place that is only a dwelling and in
which no business operates.

34. Power to request re-supply of information - If a person
who is required to provide information to the Bureau maintains
that the obligation has been complied with but the Bureau has no
record of its receipt, the Bureau may request the person to again
supply the information in a form required by the Bureau.


22 Statistics 2015, No. 8

PART V
MISCELLANEOUS

35. Notice to be given to Government Statistician of
existence of undertaking-(1) The Government Statistician may
give notice in the Savali in Samoan and English, and in such
other publications as he or she considers relevant having regard
to the subject matter involved, that a census or survey is to be
conducted requiring information on specified kinds of
undertaking to be provided.
(2) If notice is given under subsection (1), a person who
would be required to provide that information but does not
receive a specific request for that information, (whether through
a schedule or otherwise) within 21 days of the date of the notice
must notify the Government Statistician of the existence of the
undertaking and the person’s contact details within a further 21
days.

36. Evidence-(1) A document appearing to be signed by or
on behalf of the Government Statistician and giving notice that
any named officer is acting under the authority of the
Government Statistician is, until the contrary is proven, sufficient
evidence of that authority and that the document was signed as it
appears to be.
(2) The stamped or printed signature of the Government
Statistician, or any officer, may be used on any schedule, survey
form, notice or other document in relation to the authority
exercised by that person of the functions, duties or powers under
this Act.
(3) Any schedule, survey, form, notice or other document
appearing to bear the written stamped or printed signature of the
Government Statistician, or any officer, is, until the contrary is
proven, taken for all purposes and in all proceedings as having
been signed by the person whose signature it appears to bear.
(4) Judicial notice must be taken of any signature referred to
in this section and of the fact that the person whose signature it
appears to be, holds or held the office of Government Statistician
or is or was an officer, as the case may be.


2015, No. 8 Statistics 23

(5) Judicial notice must be taken of any Instruction published
in the Savali.

37. Offences-(1) A person who contravenes section 20
commits an offence and is liable on conviction:
(a) if the act or omission was done or permitted in the
knowledge that a breach of section 20 would
occur, to a fine not exceeding 20 penalty units or
to imprisonment for a term not exceeding two (2)
years, or both;
(b) in any other case, to a fine not exceeding 20 penalty
units.
(2) A person who (not having made an oath or affirmation as
required by this Act) attempts to obtain access to or by wilful act
or omission obtains access to information that may only be
accessed by persons who have made the oath or affirmation,
commits an offence and is liable on conviction to a fine not
exceeding 20 penalty units or to imprisonment for a term not
exceeding two (2) years, or both.
(3) A person who has made an oath or affirmation under
section 22 or 23 and has or is given access to information but
does not comply with any requirement or restriction under that
section, commits an offence and is liable on summary
convictions to a fine not exceeding 20 penalty units.
(4) A person who contravenes section 30 or 31 commits an
offence and is liable on conviction:
(a) if the contravention persists after the person has been
reminded of his or her obligations, to a fine not
exceeding 20 penalty units;
(b) in any other case, to a fine not exceeding 2 penalty
units.
(5) A person who supplies information required under this
Act that the person knows is wrong, incomplete or misleading,
commits an offence and is liable on conviction to a fine not
exceeding 20 penalty units.
(6) A person who contravenes section 36(2) commits an
offence and is liable on conviction to a fine not exceeding 20
penalty units.


24 Statistics 2015, No. 8

(7) If a person is convicted of an offence under subsection
(4)(a), (5) or (6):
(a) the Court may order the person to perform his or her
obligations fully and properly; and
(b) if the person fails to do so within the time specified by
the Court, the person is in contempt of Court.
(8) If the Court is satisfied that an offence described in this
section was committed for the purpose of personal or financial
gain, the Court may impose a further fine not exceeding three (3)
times the value of the pecuniary gain derived by the offender
from the commission of the offence.

38. Ministerial instructions-(1) The Minister may, by
Notice published in the Savali, issue instructions for all or any of
the following purposes:
(a) schedules, surveys, notices, other forms and
documents, and means of distribution, access to
and submission of them, including electronic
means, and related requirements for passwords or
access codes and proof of identity as appropriate
in the circumstances;
(b) identifying kinds of statistics that may be collected in
any census or survey in addition to those specified
in the Schedule;
(c) prescribing any other matters, not inconsistent with
this Act, as are considered necessary or expedient
for giving this Act full effect and its due
administration.
(2) Instructions issued under this section may:
(a) be of general or limited application; and
(b) require the making of a statutory declaration.
(3) If no Instructions are issued for a schedule, survey or
form, the Government Statistician may approve the content and
format of the schedule, survey or form and other matters referred
to in subsection (1)(a).

39. Regulations - The Head of State acting on the advice of
Cabinet, may make regulations:


2015, No. 8 Statistics 25

(a) necessary for the implementation or for the purposes
of this Act; or
(b) subject to the prior approval of the National Revenue
Board, prescribing fees or rates payable for any
work commissioned by any person from the
Government Statistician or the Bureau on a cost
recovery basis or for the purpose of this Act.

40. Repeal, transitional and consequential amendment-(1)
The Statistics Act 1971 is repealed (“repealed Act”).
(2) At the commencement of this Act:
(a) all current actions or matters taken or carried out
under the repealed Act continue as if they were
taken or carried out under this Act;
(b) all publications made under the repealed Act continue
as if they were made and published under this
Act;
(c) the current Government Statistician and any officer or
employees of the Department of Statistics
continue under their current terms of employment
as if they were appointed pursuant to this Act.
(3) In the Births, Deaths and Marriages Registration Act
2002:
(a) for section 3, substitute -

“3. Government Statistician to be the Registrar
General of Births, Deaths and Marriages-(1) The
Government Statistician appointed pursuant to the Statistics
Act 2015 is also the Registrar General of Births, Deaths and
Marriages.
(2) The Registrar General is responsible for the general
administration of this Act.
(3) In the administration of this Act, the Registrar
General has the powers conferred by this Act only and cannot
exercise his or her powers as the Government Statistician in
the carriage of his or her duties as the Registrar General
under this Act.”; and


26 Statistics 2015, No. 8

(b) for section 4(1), substitute -

“4. Appointment of the Registrar/Assistant Chief
Executive Officer and Senior Registry Officers-(1) The
Registrar General may appoint such officers of the Public
Service or of the Samoa Bureau of Statistics either by name
or by office designation to be Assistant Chief Executive
Officer and Senior Registry Officers as may be desirable for
the effective and efficient administration of this Act.”.

(c) any reference in the Births, Deaths and Marriages
Registration Act 2002 (except for sections 3 and
4(1)) to -
(i) “Registrar” is omitted and substituted
with “Registrar General”; and
(ii) “Deputy Registrar” is omitted and
substituted with “Registrar” or “Assistant
Chief Executive Officer”.


2015, No. 8 Statistics 27

SCHEDULE
Sections 27 and 28

STATISTICAL ACTIVITIES OR CENSUS OR SURVEY

1.0 Demographic and social statistics

1.1 Population and migration
1.2 Labour and employment
1.3 Education
1.4 Health
1.5 Income, expenditure and consumption
1.6 Social protection and vulnerability
1.7 Human settlements and housing
1.8 Justice and crime
1.9 Culture
1.10 Political and other community activities
1.11 Time use

2.0 Economic statistics

2.1 Macroeconomics statistics
2.2 Economic accounts
2.3 Business statistics
2.4 Sectoral statistics:
2.4.1 Agriculture, forestry, fisheries
2.4.2 Energy
2.4.3 Mining, manufacturing, construction
2.4.4 Transport and communications
2.4.5 Tourism
2.4.6 Banking, insurance, financial statistics
2.5 Government finance, fiscal and public sector statistics
2.6 International trade and balance payments
2.7 Prices
2.8 Labour costs
2.9 Science, technology and innovation

3.0 Environment and multi-domain statistics

3.1 Environment
3.2 Regional and small areas statistics

28 Statistics 2015, No. 8
3.3 Multi-domain statistics and indicators:
3.3.1 Living conditions, poverty and cross-cutting social
issues
3.3.2 Gender, ethnic origin, and special population groups
3.3.3 Information society
3.3.4 Indicators related to the Millennium Development
Goals and other international treaties and conventions
to which Samoa is a party
3.3.5 Sustainable development
3.3.6 Entrepreneurship

__________
The Statistics Act 2015 is administered
by the Samoa Bureau of Statistics.