Statistics Act


Published: 1973-08-03

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Statistics Act
STATISTICS [CH.33 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

STATISTICS
CHAPTER 33

STATISTICS

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Department of Statistics.
4. Duties of Director.
5. Delegation of functions.
6. Taking census.
7. Collection and publication of statistics.
8. Power to obtain information.
9. Failure to furnish information, etc.
10. Power of entry and penalty for obstruction.
11. Information for Director.
12. Protection from disclosure of information.
13. Restriction on publication.
14. Prohibition of disclosure of information.
15. Oath of secrecy.
16. Penalty for destruction, etc., of documents.
17. Power to amend First Schedule.
18. Regulations.


FIRST SCHEDULE.
SECOND SCHEDULE.


STATISTICS [CH.33 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 33

STATISTICS
An Act to provide for the taking of censuses and the

collection, compilation, analysis and publication of statistical
information and for related purposes.

[Assent 2nd July, 1973]
[Commencement 3rd August, 1973]

1. This Act may be cited as the Statistics Act.
2. (1) In this Act, unless the context otherwise

requires —
“Department” means the Department of Statistics;
“Director” means any person holding or acting in the

public office of Director of Statistics;
“functions” includes powers and duties;
“Government” means the Government of The Baha-

mas;
“Minister” means the Minister responsible for Statis-

tics;
“statistics” means information in connection with or

incidental to any census or general purpose
survey or all of any of the matters specified in
the First Schedule; and “statistical” shall have a
corresponding meaning.

(2) Unless the contrary intention appears, references
in this Act to a section are references to a section of this
Act and references in a section to a subsection are
references to a subsection of that section.

3. On the coming into operation of this Act, the
Department of Statistics shall continue to function, subject
to the provisions of this Act and the directions of the
Minister, under the general control and superintendence of
the Director.

22 of 1973
5 of 1987

Short title.

Interpretation.

First Schedule.

Department of
Statistics.

CH.33 – 4] STATISTICS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

4. (1) It shall be the duty of the Director —
(a) to take any census of population in The

Bahamas;
(b) to collect, compile, analyse, abstract and publish

statistical information relating to the
commercial, industrial, agricultural, mining,
social, financial, economic and general activities
and conditions of The Bahamas;

(c) to collaborate with other Government
departments, commissions, bodies incorporated
directly by Parliament and other organizations,
in the collection, compilation, analysis and
publication of statistical records of or connected
with those departments, commissions, bodies
and organizations;

(d) to advise the Government on all matters of
policy relating to statistics;

(e) to conduct general purpose surveys in The
Bahamas; and

(f) generally to organize a co-ordinated scheme of
economic and social statistics relating to The
Bahamas.

(2) Subject to the approval of the Governor-General,
the Director may for the purpose of the performance of any
of his functions under this Act, employ such persons in
addition to the staff of the Department as the Director may
deem necessary for the particular purpose.

5. The Director may, by writing under his hand
delegate to one or more public officers in his Department any
of his functions under this Act and any such delegation —

(a) may be made subject to such terms and
conditions as the Director thinks fit;

(b) while in force shall not prevent the discharge by
the Director of the function thereby delegated;
and

(c) may at any time be revoked by the Director.

Duties of
Director.

Delegation of
functions.

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6. The Governor-General may by order direct that
a census of population shall be taken for The Bahamas, or
any part thereof, or any class of inhabitants thereof, and
any such order may specify —

(a) the dates on or between which the census is to
be taken;

(b) the persons by whom and with respect to whom
the returns for the purpose of such census are to
be made; and

(c) the matters in respect of which information is to
be obtained in the census.

7. (1) Subject to the provisions of this Act, the
Director shall collect from time to time, whether in
conjunction with any census or not, statistics either in The
Bahamas generally or in any part thereof.

(2) The Director shall cause the statistics collected
under this Act to be compiled, tabulated and analysed 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 the Director
may determine.

8. (1) It shall be lawful for the Director to require any
person —

(a) to furnish in the form and manner and within the
time specified by any notice in writing, such
periodical or other information, estimates or
returns, concerning any of the matters set out in
the First Schedule as may be so specified; and

(b) to supply him with particulars either at a
personal interview with the Director or with a
person authorized by the Director, or by leaving
at the last known address, or by posting by
registered letter 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 the time specified in
the notice:

Provided that the Director shall, before requiring any
bank or trust company to furnish any information,
estimates or returns or to supply any particulars, consult
with the Central Bank of The Bahamas Authority
established under the Central Bank of the Bahamas Act.

Taking census.

Collection and
publication of
statistics.

Power to obtain
information.

First Schedule.

5 of 1987, Sch.
Ch. 351.

CH.33 – 6] STATISTICS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Any notice under section (1) shall state that it is
served in exercise of the powers conferred by the said
subsection (1) and generally the purpose for which the
information, estimates, returns or particulars are required.

(3) Any persons having the custody or charge of any
public records or documents or any records or documents
from which information sought in furtherance of the
purposes of this Act can, in the opinion of the Director, be
obtained, or which would aid in the completion or
correction of information already obtained, shall grant to
the Director access to such records or documents for the
purpose of obtaining therefrom the required information
and shall furnish the Director with copies of any such
records or documents if so required.

(4) Where any particulars are, by any notice purport-
ing to be issued by the Director 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 notice has been issued by the Director.
9. (1) Any person required to furnish information,

estimates or returns or to supply particulars under this Act
who fails so to do, shall be guilty of an offence and shall,
unless he proves that he had reasonable excuse for the
failure, be liable —

(a) in the case of a first offence, to a fine not
exceeding one hundred dollars or to a term of
imprisonment not exceeding three months or to
both such fine and imprisonment; and

(b) in the case of a second or subsequent offence, to
a fine not exceeding two hundred dollars or to a
term of imprisonment not exceeding six months
or to both such fine and imprisonment.

(2) If the failure in respect of which a person is
convicted under subsection (1) is continued after the
conviction, he shall be guilty of a further offence and may
on summary conviction thereof be punished accordingly.

Failure to furnish
information, etc.

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(3) If any person in purported compliance with a
requirement to furnish information, estimates or returns or
to supply particulars as aforesaid, knowingly or recklessly
makes any statement relating to the information, esti-
mates, returns or particulars which is false in any material
particular, that person shall be guilty of an offence and be
liable on summary conviction to a fine not exceeding two
hundred dollars or to a term of imprisonment not exceeding
six months or to both such fine and imprisonment.

10. (1) The Director, or any person authorized by
him in writing, may upon production, if required, of his
authorization, for any purpose —

(a) connected with the taking of a census visit and
with the consent of the occupier, enter any
dwelling house between the hours of 7 a.m. and
10 p.m. on any day;

(b) connected with the taking of a general purpose
survey or the collection of labour statistics, visit
and with the consent of the occupier enter,
between the hours of 7 a.m. and 6 p.m. on any
day, any premises where persons are employed:

Provided that the authority to visit or with such consent to
enter premises for any purpose connected with the
collection of labour statistics may be exercised only if no
returns or inadequate returns have been furnished to the
Director in respect of those premises or if the Director is in
doubt whether or not any persons are in fact employed in
those premises,

and in either such case may make such enquiries as
may be deemed necessary for the performance of his
functions.

(2) For the purpose of paragraph (b) of subsection
(1), the expression “labour statistics” means statistics
relating to the matters specified in items 10, 11, 16 and 21
of the First Schedule.

(3) Any person who hinders or obstructs the Director
or any person duly authorized by him in the exercise of any
powers conferred by this section, shall be guilty of an
offence and be liable on summary conviction to a fine not
exceeding two hundred dollars or to a term of imprison-
ment not exceeding six months or to both such fine and
imprisonment.

Power of entry
and penalty for
obstruction.

First Schedule.

CH.33 – 8] STATISTICS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

11. (1) If the Director publishes by notice in the
Gazette and in a newspaper printed and circulating in The
Bahamas once a week for two weeks, a list of any classes

or descriptions of undertakings in relation to which returns
will be required for any of the purposes of this Act, any
person carrying on an undertaking of the class or
description as aforesaid, who has not received a notice
under subsection (1) of section 8 shall inform the person
specified in the notice and calling for the return, within the
period of time specified in the notice, that he is carrying on
such an undertaking and shall give to that person such
particulars of the undertaking as may be specified in the
notice.

(2) Any person who fails to give any information or
particulars as required by subsection (1) shall be guilty of
an offence and be liable on summary conviction to a fine
not exceeding one hundred dollars or to a term of
imprisonment not exceeding three months or to both such
fine and imprisonment:

Provided that it shall be a defence for any person
charged under this subsection to prove that he did not
know and had reasonable cause for not knowing that he
was required so to give that information or those
particulars.

(3) Any person who knowingly or recklessly makes
any statement in any information or particulars given under
subsection (1) which is false in a material particular shall
be guilty of an offence and be liable on summary
conviction to a fine not exceeding two hundred dollars or
to a term of imprisonment not exceeding six months or to
both such fine and imprisonment.

12. (1) Nothing in this Act contained shall affect or
be deemed to affect any enactment relating to the
disclosure or non-disclosure of any official, secret or
confidential information, evidence or document, and any
person required by the Director, or by a person duly
authorized by him, 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 Director, or such authorized
person, as before a court of law.

Information for
Director.

Protection from
disclosure of
information.

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(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.

13. Except for the purpose 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;

(c) no report, abstract or other document containing
particulars comprised in any such return or
answer so arranged as to identify such
particulars with any person or undertaking,

shall be published, admitted in evidence or shown to any
person not employed in the exercise of a power or the
performance of a duty under this Act, unless the consent in
writing thereto has been obtained from the person making
the return or giving the answer or, in the case of an
undertaking, from the owner for the time being of the
undertaking:

Provided that nothing in this section shall prevent or
restrict the publication of any such report, abstract or other
document as aforesaid merely by reason of the fact that the
particulars in the report, abstract or document in question
relate to an undertaking which is the only undertaking
within its particular sphere of activities, if the report,
abstract or document is so arranged as to disclose, in
respect of such undertaking only the following
information, that is to say —

(a) the quantity and the value of any description of
goods manufactured, produced or exported or
sold;

(b) the number of and the economic and social
characteristics of employees employed;

(c) the amount and extent of any investment; and
(d) 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 the
information prior to the publication of the report,
abstract or document.

Restriction on
publication.

CH.33 – 10] STATISTICS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

14. Any person who —
(a) being a person employed for any of the purposes

of this Act, without lawful authority publishes or
in any manner communicates to any other
person, otherwise than in the ordinary course of
such employment, any information acquired by
him in the course of such employment;

(b) having possession of any information which to
his knowledge has been disclosed in
contravention of this Act, makes use of or
publishes or in any manner communicates that
information to any other person, shall be guilty
of an offence and be liable on summary
conviction to a fine not exceeding five hundred
dollars or to a term of imprisonment not
exceeding one year or to both such fine and
imprisonment.

15. Any person employed in the exercise of any
power or the performance of any duty under this Act
involving the collection of information from any other
person shall, before entering upon his functions, make and
subscribe before a stipendiary and circuit magistrate or
before a person duly authorized to take an oath, the oath set
out in the Second Schedule.

16. Any person who without lawful authority de-
stroys, defaces or mutilates any schedule, form or other
document containing particulars obtained in pursuance of
the provisions of this Act, shall be guilty of an offence and
be liable on summary conviction to a fine not exceeding
five hundred dollars or to a term of imprisonment not
exceeding one year or to both such fine and imprisonment.

17. The Governor-General may by order from time
to time amend the First Schedule.

18. The Governor-General may make regulations
prescribing —

(a) the particulars and information to be furnished
on the taking of a census or concerning any
matter in respect of which statistics may be
collected under the provisions of this Act;

Prohibition of
disclosure of
information.

Oath of secrecy.

Second Schedule.

Penalty for
destruction, etc.,
of documents.

Power to amend
First Schedule.

Regulations.

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(b) the manner and form in which, the times and
places at which, and the persons by whom such
particulars and information shall be furnished;
and

(c) the fees and charges to be paid to the Director
for any special information or report supplied, or
any special investigation carried out, by the
Director.

FIRST SCHEDULE (Sections 2, 8, 10)
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, livestock, horticulture, and allied industries
7. Forestry
8. Fisheries
9. Factories, mines and productive industries generally
10. Employment and unemployment
11. Salaries, wages, bonuses, fees, allowances and any other

payment and honoraria for services rendered
12. Income, earnings, profit and interest
13. Output, stocks, sales and deliveries and details relating to

services provided
14. Orders, work in progress, outgoings and costs (including

work given out to contractors) and details of capital
expenditure

15. Receipts outstanding, fixed capital assets and plant
(including the acquisition and disposal of those assets and
plant)

16. Social, educational, labour and industrial matters, including
associations of employers, employees, and other persons
generally

17. Industrial disturbances and disputes
18. Banking, insurance and finance generally
19. Commercial and professional undertakings
20. Distributive trades

CH.33 – 12] STATISTICS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

21. Health
22. Transport and communication in all forms by land, water or

air
23. Wholesale and retail prices of commodities, rents and cost

of living
24. Injuries, accidents and compensation
25. Land tenure, and the occupation and use of land

SECOND SCHEDULE (Section 15)
I, ................................................................. solemnly swear1

(solemnly sincerely and truthfully affirm) that I will faithfully and
honestly fulfil my functions as .................................................. in
conformity with the requirements of the Statistics Act, and that I
will not, without due authority in that behalf disclose or make
known any matter or thing which comes to my knowledge by
reasons of my employment as such.

Signed .........................................
Date .............................................


1 Delete as appropriate.