Statistics Act, 2018
This section says the Act may be cited as the Statistics Act, 2018, and it starts on a date set by the Minister through a statutory instrument.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 13 of 2018
- Version
- Undated source snapshot
- Language
- en
- Official source
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accounting accounting controls agency administration agency establishment agency oversight agency seal annual audit annual reporting appointments asset transfer audit board allowances board appointments board composition board governance board meetings census civil registration committees compliance confidential information continuity of service corporate governance corporate powers +81 more
Statute overview
About this statute
This section says the Act may be cited as the Statistics Act, 2018, and it starts on a date set by the Minister through a statutory instrument. This section defines key terms used in the Act, including Agency, authorised officer, Board, census, data, and dissemination. The official-statistics principles in the UN Fundamental Principles of Official Statistics and the African Charter on Statistics apply under this Act. The Agency must work with statistical agencies and users, and it may enter cooperation arrangements for this purpose. This section establishes the Zambia Statistics Agency as a body corporate and gives it the powers of a body corporate, subject to the Act.
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Provisions of Statistics Act, 2018
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Part
PART I
- 1 Verify source ↗
Short title and commencement
This section says the Act may be cited as the Statistics Act, 2018, and it starts on a date set by the Minister through a statutory instrument.
1. This Act maybe cited as the Statistics Act, 2018 and shall come into operation on the date appointed by the Minister by statutoryinstrument. Short title and commencement - 2 Verify source ↗
3. Principlesrelatingtoofficialstatistics
This section defines key terms used in the Act, including Agency, authorised officer, Board, census, data, and dissemination.
2. In this Act, unless the context otherwise requires— Interpretation 270 No. 13 of 2018] Statistics Act No. 16 of 2011 “ Agency ” means the Zambia Statistics Agency established under section 5; “ authorised officer ” means any person— (a) who is an officer of the Agency and designated asanauthorisedofficerbythe Statistician-General; or (b) appointed by the Statistician-General to perform work on behalf of the National Statistical System; “ Board ” means the Board of theAgency constituted under section 8; “ business ” has the meaning assigned to the word in theRegistrationofBusiness Names Act, 2011; “ census ”means thecollection,compilation,evaluation and dissemination of basic data pertaining to the demographic, economic, financial, social, agricultural, industrial and environmental sectors and other sectors through a complete enumeration of units in a well-defined territory at a specified time; “ Chairperson ” means the person appointed as Chairperson of the Board under section 8; “ committee ” means a committee of the Board; “ data ” means collection of facts such as values or measurements, which can be numbers, words, observations or description of a thing; “ dissemination ” means the direct or indirect publication, sale or provision of official or other statistics, spatial data or related documentation in any form; “document ” includes adevice bymeans of whichinformation is recorded or stored; “ domain ” means a sub-group of the population for which a separate estimate is calculated or an analysis is performed; “ Fund ” means the National Statistics Development Fund established in accordance with Part II of the First Schedule; Statistics [No. 13 of 2018 271 “ higher education institution ” has the meaning assignedto the words in the Higher Education Act, 2013; “ household ” means a person or group of persons who may or may not be related by blood but n o r m a l l y l i ve t o ge t h e r , m a k e c o m m o n provisions for living and only have one person whom they allregardas headofthe household; “ member ” means a member of the Board; “metadata”means the range ofinformation,generallytextual, that fosters understanding of the context in which statistical data has been collected, processed and analysed with the objective of creating statistical information; “ micro data ” means data on the characteristics of units of a population, such as individuals, households or establishments collected by a census, survey or experiment and includes a single business entity; “ National Statistical System ” means the National Statistical System established under section 14; “ official statistics ” means statistics describing, on a representative basis, the economic, demographic, social or environmental phenomena of the Republic in the statistical work programmes of statistical agencies; “ organisation ” means any non-governmental or non- profit organisation, voluntary association or other organisation, other than a business, household or State organ; “ private body ” means an organisation, company, partnership, political party, proprietorship, or other institution which is not a public body and includes research institution, higher education institution, development partners or any other user; “ public body ” has the meaning assigned to the words in the Public Finance Management Act, 2018; “ respondent ” means an individual, household State organ, business or organisation, in respect of whose activities, affairs or any information is sought or provided for the purposes of this Act; Act No. 4 of 2013 Act. No. 1 of 2018 272 No. 13 of 2018] Statistics “ return ” means a book, document, form, card, tape, disc or storage media on whichthe information required is entered or recorded or is required to be entered or recorded for statistical purposes; Cap. 127 “ repealed Act ” means the Census and StatisticsAct, 1955; “sampling”meansastatisticalprocedureforselecting a subset of units from within a population of interest for purposes of estimating the characteristics ofthe whole population; “ sample survey ” means the collection, compilation, evaluation and dissemination of basic data pertaining to the economic, social, environmental or demographic sectors through a method of selecting representative portions from the total of the units in the survey; “ Secretary ” means the person appointed as Secretary of theAgency under section 12; “ sector ” means a vertical division of Government activity that relates to a given subject area or public need, usually corresponding to line ministries, with separate and well defined areas of concern, mandate and budget; “ statistics ” means any official or unofficial aggregated numericalinformationrelatingtodemographic, economic, financial, environmental, social or other matters, available in digital or otherapplicable format, collected at national, regional or local level, which is compiled and analysed according to relevant scientific and statistical methodologies, and which is connectedwith,orincidental to, any census or survey of all or any of the matters specified in the Third Schedule, and includes information derived from records of administration kept by statistical agencies; “ statistical agency ” means a public bodythat has the power to collect, compile or disseminate statistics under a written law including— (a) the Zambia RevenueAuthorityAct; (b) the Bank of ZambiaAct; (c) the Banking and Financial Services Act, 2017; Cap. 321 Cap. 360 Act No. 7 of 2017 Statistics [No. 13 of 2018 273 Act No. 14 of 2015 Act No. 28 of 1997 Cap. 184 Act No. 11 of 2015 Act No. of 2019 Act No. 9 of 2006 Act No. 11 of 2006 Act No. 1 of 2015 Act No. 4 of 2013 Act No. 35 of 2016 Act No. 24 of 2010 Act No. 15 of 2009 (d) the Zambia WildlifeAct, 2015; (e) the Water Supply and Sanitation Act, 1997; (f) the Lands Act; (g) the Mines and Minerals DevelopmentAct, 2015; (h) the Local Government Act, 2019; (i) the Citizens Economic Empowerment Act, 2006; (j) the Zambia Development Agency Act, 2006; (k) the Tourism and Hospitality Act, 2015; (l) the Higher EducationAct, 2013; (m) the Electoral Process Act, 2016; (n) the Competition and Consumer Protection Act, 2010; (o) the Information and Communication Technologies Act, 2009; and (p) any other written law prescribed by the Minister for the purposes of this Act. “ statistical collection ” means the process of— (a) conducting a census, survey or a sample survey; (b) collating administrative documents, records or data for statistical purposes; (c) storage of information for the collection, production anddissemination of official statistics,butexcludes the collection, production and dissemination of statistical information or data by a person strictly for private use; (d) undertaking a census; or (e) undertaking a collection of spatial data for statistical purposes; “ Statistician ” means a statistics professional or researcher involved in the collection, production, analysis and dissemination of statistical data within the National Statistical System; “ Statistician-General ” means the person appointed as Statistician-General under section 11; “ spatial data ” means information that identifies the geographic location and characteristics of natural or constructed features andboundaries on the earth, derived from remote sensing, global positioning systems, geographic informationsystems, cartographictechniques, geo-coded statistical information, computer aided designs, ground stations or other surveyingtechniques andincludes geo-spatial data; 274 No. 13 of 2018] Statistics “ survey ” means a statistical undertaking by which information is collected from all persons in a field of enquiry; “ UnitedNationsFundamental Principles ofOfficialStatistics ” means the United Nations Fundamental Principles of Official Statistics adopted bythe United Nations Statistical Commission inApril, 1994; “ user ” in relation to statistics includes a public body, private body, researcher, research institution, higher education institution, international or regional organisation or any other user; and “ Vice-Chairperson ” means the person elected Vice- Chairperson of the Board in section 8. Principles relating to official statistics - 1 Verify source ↗
Short title and commencement
Board members serve for three years, may be re-appointed once for another three years, and cannot hold office for more than two consecutive terms.
1. (1) A member of the Board shall hold office for a term of three years and may be re-appointed for a further term of three years on terms and conditions that may be specified in the instrument of appointment but shall not successivelyhold office for more than twoterms. (2) On the expiration of the term for which a member is appointed, the member shall continue to hold office until another member is appointed, but in no case shall any extension of the period exceed three months. (3) The office of a member shall be vacant — (a) on that member’s death; (b) if the member is adjudged bankrupt; (c) if the member is absent from three consecutive meetings of the Board, of which the member has had notice, without the prior approval of the Board; (d) on the resignation of the member given in writing to the Minister; (e)if the member becomes mentally or physicallyincapable of performing the duties of a member; (f) if the member is removed from the Board bythe Minister; (g) is convicted of an offence under this Act or any written law and has been sentenced to imprisonment for a period not exceeding six months without the option of a fine; or (h) if a member ceases to be an employee of the institution that nominated or appointed that member to sit on the Board. (4) Where there is a vacancyin the membership of theBoard, before the expiryof the term of office, the Minister shall appoint another person to replace the member but that person shall only hold office for the remainder of the term. 292 No. 13 of 2018] Statistics Proceedings of Board - 2 Verify source ↗
3. Principlesrelatingtoofficialstatistics
The Board controls its own procedure, must meet regularly, keep minutes, follow quorum and voting rules, and allow notice-based or urgent meetings.
2. (1) Subject to this Act, the Board may regulate its own procedure. (2) The Board shall meet at least once every three months at a place that the Board may determine. (3) On giving notice of not less than fourteen days, a meeting of the Board may be called by the Chairperson and shall be called if not less than one third of the members so request in writing, except that if the urgency of a particular matter does not permit the giving of notice, a special meeting may be called on giving shorter notice. (4) The quorum of the Board at any meeting shall be five members. (5) There shall preside at a meeting of the Board— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice- Chairperson; or (c) in the absence of the Chairperson and the Vice- Chairperson, a member elected from among the members present at the meeting for the purpose of that meeting. (6) A decision of the Board on any question shall be by a majorityof members present and voting at the meeting and,inthe event of an equalityof votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a casting vote. (7) The Board mayinvite any person, including an observer, whose presence, in its opinion, is desirable to attend and participate in the deliberation of a meeting of the Board, but that person or observer shall have no vote. (8) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or any defect in the appointment of any member or by reason that any person not entitled to do so, took part in the proceedings. (9) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and any committee of the Board. Statistics [No. 13 of 2018 293 Committees Allowances Disclosure of interest - 3 Verify source ↗
Principlesrelatingtoofficialstatistics
The Board may set up committees, give them necessary Agency functions, appoint committee members, and decide their terms. Committees may invite people to meetings and manage their own procedure, but invited people cannot vote. The meeting chair must keep records and send them to the Board promptly.
3. (1) The Board may, for the purpose of exercising its powers and the effective and efficient performance of the functions of theAgency, constitute committees and delegate to the committees functions oftheAgencythat it considers necessary. (2) The Board may appoint, as members of a committee, personswhoareorarenotmembersoftheBoard and those persons shall hold office for a period that the Board may determine. (3) A committee shall have the power to invite any person whosepresence,in its opinion,is desirable toattend and participate in the deliberations of the meeting of the committee but that person shall have no vote. (4) A personpresiding at a meetingof acommittee shall cause a record to be kept of the proceedings of the meeting and shall cause to be submitted to the Board, as soon as possible after a meeting of the committee, that record. (5) Subject to any specific or general direction of the Board and the other provisions of this section a committee may regulate its own procedure at meetings. - 4 Verify source ↗
Coordination and cooperation with statistical agencies and
Members of the Board or any committee of the Board must be paid allowances, and the Emoluments Commission may determine the amount.
4. A member of the Board or any committee of the Board shall be paid allowances that the Emoluments Commission may determine. - 5 Verify source ↗
Establishment of the Zambia StatisticsAgency
A person at a Board or committee meeting must disclose a private interest in the matter and must not take part in the discussion or vote unless the Board or committee directs otherwise.
5. (1) If any person is present at a meeting of the Board or a committee of the Board at which any matter, in which that person or any member of the persons immediate family is directly or indirectly interested in a private capacity, is the subject of consideration, that person shall, as soon as practicable after the commencement of the meeting disclose that interest and shall not, unless the Board or the committee otherwise directs, take part in anyconsideration or discussion of, or vote on, anyquestion relating to that matter. (2) A disclosure of interest made in accordance with this paragraph shall be recorded in the minutes of the meeting at which the disclosure is made. - 6 Verify source ↗
Seal ofAgency
A person must not disclose protected information learned through their duties under the Act without written consent from or on behalf of the Board or another written-law permission.
6. (1) Apersonshallnot, without theconsent in writing given by or on behalf of the Board or as otherwise permitted by any written law, publish or disclose to any unauthorised person, otherwise than in the course of that person’s duties, the contents of anydocument, communicationorinformationwhatsoever,which relates to, and which has come to that person’s knowledge in the course of, that person’s duties under this Act. Prohibition of publication or disclosure of information to unauthorised person 294 No. 13 of 2018] Statistics (2) A person who contravenes subparagraph (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to both. (3) Apersonwho,havinginformationwhichtothe knowledge of that person has been published or disclosed in contravention of subparagraph (1), unlawfully publishes or communicates that information to any other person, that person commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousandpenaltyunitsorto imprisonment for a term not exceeding two years, or to both. (4) Nothingin this paragraph shall be interpreted to prohibit thepublicationanddisseminationofafinal decision of the Board. - 7 Verify source ↗
Functions ofAgency
Agency members, committee members, and staff are protected from legal action or proceedings for acts done in good faith while carrying out powers, functions, or duties under the Act.
7. An action or other proceeding shall not lie or be instituted against a member, a committee or a member of staffoftheAgency, for or in respect of any act or thing done or omitted to be done in good faith in the exercise or performance, of any of the powers, functions or duties conferred under this Act. Immunity of member, committee and employee PART II FINANCIAL PROVISIONS Funds of Agency
Part
Schedule;
- 3 Verify source ↗
Principlesrelatingtoofficialstatistics
The official-statistics principles in the UN Fundamental Principles of Official Statistics and the African Charter on Statistics apply under this Act.
3. (1) The principles of official statistics enshrined in the United Nations Fundamental Principles of Official Statistics and the African Charter on Statistics apply for the purposes of this Act. Coordination and cooperation with statistical agencies and users (2) In this section, “ African Charter on Statistics ”means the African Charter on Statistics adopted by theAfrican Union on 4th February, 2009, in Addis Ababa, Ethiopia. - 4 Verify source ↗
Coordination and cooperation with statistical agencies and
The Agency must work with statistical agencies and users, and it may enter cooperation arrangements for this purpose.
4. (1) The Agency shall liaise, coordinate and cooperate with relevant statistical agencies and users for the purposes of thisAct and may— (a) have joint programmes, plans, strategies and policies, taking into account the national policies of the Government; and (b) enter into memorandaofunderstanding as instruments of cooperation. (2) The Agency shall, for purposes of subsection (1),develop workingrelationshipamongstatisticalagencies and users for the— (a) collection, production, analysis and dissemination of statistics; or (b) capture, management, maintenance, integration, distribution and use of spatial data. Statistics [No. 13 of 2018 275 (3) The Agency shall collaborate with statistical agencies in ensuring compliance with thisAct. (4) The Agency shall put in place necessary coordination mechanisms, at local, national, regional and internationallevels,to enabletheoverallcoordinationofthe statistical function within the National Statistical System. PART II ZAMBIA STATISTICS AGENCY
Part
PART II
- 5 Verify source ↗
Establishment of the Zambia StatisticsAgency
This section establishes the Zambia Statistics Agency as a body corporate and gives it the powers of a body corporate, subject to the Act.
5. (1) There is established the Zambia Statistics Agency which is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to this Act, to do all acts and things that a body corporate may by law do or perform. (2) The First Schedule applies to the Agency. - 6 Verify source ↗
Seal ofAgency
The Agency may determine its seal, the Statistician-General must keep it, and certain officials may authenticate or use documents without the seal in specified cases.
6. (1) The seal of the Agency shall be a device that may be determined by the Agency and shall be kept by the Statistician- General. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Statistician-General or anyother person authorised in that behalf bya resolution of the Board. (3) A contract or instrument which, if entered into or executed by a person, not being a body corporate, is not required to be under seal, may be entered into or executed without seal on behalf of the Agency by the Statistician- General or any other person generally or specifically authorised by the Board in that behalf. (4) Adocumentpurportingtobeadocumentunder the seal of the Agencyor issued on behalfoftheAgencyshall be received in evidence and shall be executed or issued, as the case may be, without further proof, unless the contrary is proved. - 7 Verify source ↗
Functions ofAgency
The Agency is the body responsible for publishing official statistics and has a long list of statistical functions.
7. (1) The Agency is the sole designated entity responsible for the publication of official statistics. (2) Despite the generality of subsection (1) the functions of the Agency are to— (a) develop and coordinate an integrated National Statistical System; (b) establish consultative mechanisms for effectivedialogue withastatistical agency or user for the purposes of this Act; Establishment of the Zambia Statistics Agency Seal of Agency Functions of Agency 276 No. 13 of 2018] Statistics (c) advise the Minister on matters related to official statistics and other statistics; (d) review all initiatives to collect data at the national level in the context of an integratedNational Statistical System; (e) approve an instrument for data collection developed for national level data collection, including a census frame, register, sample design and questionnaire to be used in conducting a census and survey; (f) promote and encourage use of common concepts, definitions,nomenclaturesandstandards in thecollection, analysis and dissemination of statistics in order to ensure integration of the National Statistical System; (g) compile, analyse, abstract and disseminate demographic, social, economic, financial, agricultural, environmental and other statistics; (h) conduct a population and housingcensus every ten years and other census and survey that the Agency may determine; (i) collaborate with higher education institutions and research institutions in training and building human resource capacity in statistics and data analysis; (j) undertake research on, and develop techniques and methods of, generating statistics; (k) promote user and producer interface on statistics; (l)maintain a coordinated National Statistical System through capacity building, promotion of professional ethics, standards,timeliness andqualityofwork; (m) promote the use of appropriate information technology in statistical data production, processing, storage and dissemination; (n) promote the understanding and use of official statistics; (o) provide high quality statistics services; Statistics [No. 13 of 2018 277 (p) promote and establish regional and international cooperation with users and producers; (q) establish and maintain a documents registry, library services and appropriate electronic database; (r) approve the publication of all official statistics based on standard concepts, definitions and methodologies developed by the Agency; and (s) set standards for the recruitment of statisticians to ensure professional standards in the National Statistical System. - 8 Verify source ↗
Board ofAgency
This section sets up the Agency’s Board, requires members to elect a Vice-Chairperson, and requires certain institutions to nominate their representatives for ministerial appointment.
8. (1) ThereisconstitutedaBoardoftheAgencywhich consists of the following part-time members appointed by the Minister: Board of Agency (a) the Chairperson, who is qualified and experienced in the field of statistics relating to demography, economics, social sciences, mathematics or any related field; (b) a representative of the Attorney- General; (c) a representative of the ministry responsible for national statistics; (d) a representative of the Bank of Zambia; (e) a representative each from— (i) the private sector; (ii) a research institution; (iii) a public higher education institution; (iv) a private higher education institution; and (f) one person with proven knowledge and experience in matters relevant to thisAct. (2) The members shall elect theVice-Chairpersonfrom among themselves. 278 No. 13 of 2018] Statistics (3) The members referred to in section 8 (1) (e), shall possess professional qualifications and experience in statistics or business oriented management. (4) The ministries, institutions, or organisations referred to in subsection (1), shall nominate their representatives for appointment by the Minister. (5) Apersonisdisqualifiedfrombeingnominatedor appointed as a member of the Board if that person — (a) is convicted of an offence under this Act or any written law and has been sentenced to imprisonment for a period exceeding six months without the option of a fine; (b) is legallydisqualified from performing the duties of a member; or (c) is an undischarged bankrupt. (6) The First Schedule applies to the Board. Functions of Board - 9 Verify source ↗
Functions of Board
The Board must provide strategic policy direction to the Agency and carry out listed governance functions. The Minister may enter into a performance contract with the Board for a specified period.
9. Subject to the other provisions of this Act, the Board shall provide strategic policydirection to the Agency. (2) Despite the generality of subsection (1), the functions of the Board are to — (a) promote effective governance of theAgency; (b) formulate the policing programmes and strategies of the Agency; (c) approve the annual work-plans, statistical release calendar and activity reports of theAgency; (d) approvetheannual budget estimates and financial statements of the Agency; and (e) advise the Minister on matters relating to statistics. (3) The Minister may enter into a performance contractwith theBoardforaspecifiedperiod,whichshallbe consistent with the provisions of thisAct. - 10 Verify source ↗
Delegation of functions
The Board may delegate its functions, subject to conditions and Board-issued guidelines. The Minister may give the Board directions consistent with the Act, and the Board must follow them.
10. (1) The Board may, subject to any conditions imposed and guidelines issued by the Board, delegate any of its functions to the Chairperson, Vice-Chairperson, any member, committee or the Statistician-General. Delegation of functions Statistics [No. 13 of 2018 279 (2) The Minister may give to the Board general or specific directions, which are consistent with the provisions of this Act, relating to the discharge of its functions and the Board shall give effect to those directions. - 11 Verify source ↗
Statistician-General
The Board must appoint a Statistician-General, subject to terms set by the Emoluments Commission.
11. (1) The Board shall appoint a Statistician- General, on the terms and conditions that the Emoluments Commission may determine. Statistician- General (2) A person shall be appointed as Statistician- General if that person possesses relevant qualifications, professional competences and experiencein statistics,demography,mathematics, finance,economicsorother field related to statistics, as prescribed. (3) The Statistician-General is the Chief Executive Officer of the Agency and is responsible, under the direction of the Board, for the day-to-day administration of theAgency. (4) A person may not interfere with the functions of the Statistician-General relating to— (a)themannerinwhich,andthetimewhen,anofficial statistical collection is to be undertaken; (b) the capture, management, maintenance, integration, distribution and use of spatial data collected for official statistical purposes; (c)theform,extentandtimingoftherelease ofofficial statistics; (d) a decision of whether an official statistical collection should be discontinued; or (e) the compilation, production, analysis or dissemination of an official statistical collection. (5) The Statistician-General shall be an ex-officio member of the Board and is entitled to attend and participate in anymeeting, but does not have a vote on any matter and shall not count for the purpose of a quorum. - 12 Verify source ↗
Secretary and other staff ofAgency
The Board may appoint the Secretary and other staff needed for the Agency, with terms and conditions set by the Emoluments Commission. The Board must also appoint statisticians.
12. (1) The Board may appoint, on the terms and conditions that the Emoluments Commission may determine, the Secretary and other staff of theAgencythat are necessaryfor the performance of the functions of theAgency. Secretary and other staff of Agency 280 No. 13 of 2018] Statistics Oath Cap. 5 Cap. 5 Establishment of National Statistical System (2) Despite subsection (1), the Board shall appoint statisticians, for the effectiveperformance of the functions of the Agency. - 13 Verify source ↗
Oath
Board members, committee members, the Statistician-General, and other staff must take the required oath when appointed.
13. (1) A member of the Board or committee of the Board shall, on appointment, take an oath as set out under the Official Oaths Act. (2) The Statistician-General and other staff shall, on appointment, take an oath as set out under the Official Oaths Act. PART III NATIONAL STATISTICAL SYSTEM AND STATISTICS - 8 Verify source ↗
Board ofAgency
The Agency may accept grants or donations, including from outside Zambia only with the Minister’s approval, and the Board may invest unused Agency funds after Ministerial approval.
8. (1) The funds of the Agency shall consist of such moneys as may— (a) be appropriated to the Agency by Parliament for the purposes of the Agency; (b) be paid to the Agency by way of grants or donations; (c) be obtained through sale of publications; and (d) otherwise vest in or accrue to the Agency. (2) The Agency may accept moneys by way of grants or donations from anysource in Zambia and, subject to the approval of the Minister, from any source outside Zambia. (3) There shall be paid from the funds of the Agency— (a) salaries,allowances,loans,gratuitiesand pensions of the staff of theAgency; (b) such reasonable travelling and subsistence allowances for members and members of a committee, when engaged on the business of the Agency and at such rates as the Emolument Commission may determine; and Statistics [No. 13 of 2018 295 (c) any other expenses incurred by theAgencyin carrying out its functions under thisAct. (4) The Board may, after the approval of the Minister, invest in such manner as it thinks fit such of theAgency’s funds as it does not immediatelyrequire for the discharge of theAgency’s functions. - 9 Verify source ↗
Functions of Board
The Agency’s financial year runs for 12 months and ends on 31 December each year.
9. The financial year of the Agency shall be the period of twelve months ending on 31st December of each year. - 10 Verify source ↗
Delegation of functions
The Board must keep proper accounting records for the Agency, the Agency’s accounts must be audited annually by the Auditor-General or an auditor appointed by the Auditor-General, and the Agency must pay the Auditor-General’s fees.
10. (1) The Board shall cause to be kept proper books of account and other records relating to the accounts of theAgency. (2) The accounts of theAgency shall be audited annuallyby the Auditor-General or an auditor appointed by the Auditor- General. (3) TheAuditor-General’s fees shall be paid by theAgency. Financial year Accounts - 11 Verify source ↗
Statistician-General
The Board must submit an annual report to the Minister within 90 days after the financial year ends, and the Minister must table it before the National Assembly within 7 days after the first sitting following receipt.
11. (1) As soon as practicable, but not later than ninety days after the end of the financial year, the Board shall submit to the Minister a report concerning the Agency’s activities during the financial year. Annual report (2) The report, referred to in subparagraph (1), shall include information on the financial affairs of theAgencyand there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement of comprehensive income and expenditure; and (c) such other information as the Minister may require. (3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subparagraph (1), lay the report before the NationalAssembly. - 12 Verify source ↗
Secretary and other staff ofAgency
A National Statistics Development Fund is established, and it must be used to support the Agency, the National Statistical System, and other statistics-related purposes set by the Board.
12. (1) There is established a National Statistics Development Fund. (2) TheFundshallbeusedtoprovidesupportto the operations of the Agency and the National Statistical System and for other purposes related to the development and promotion of statistics that the Board shall determine. National Statistics Development Fund 296 No. 13 of 2018] Statistics (3) The Fund shall consist of monies that may be— (a) appropriated by Parliament for the purposes of the Fund; (b) received by the Fund from donations, grants and bequests from whatever source; and (c) payable to the Fund by or under any other written law. Administration of Fund and accounts - 13 Verify source ↗
Oath
The Fund is to be managed under Board guidelines, with the Board ensuring prudent controls, the Statistician-General administering the Fund, proper accounting records kept, and an annual audit by the Auditor-General.
13. (1) The Fund shall vest in the Agencyand be administered in accordance with guidelines issued by the Board. (2) The Board shall ensure prudent controls are established for the Fund, especially relating to— (a) fiscal controls and accountingprocedures governing the Fund; (b) reporting procedures for matters relating to the Fund; and (c) investment of the monies of the Fund. (3) The Fundshall be administered bythe Statistician-General. (4) The Board shall cause to be kept proper books of account and other records relating to the account of the Fund. (5) The Fund shall be audited annually by the Auditor- General. Financial year, annual accounts and audit - 14 Verify source ↗
Establishment of National Statistical System
The Board must send a report on the Fund to the Minister within 90 days after the end of the financial year, and the Minister must table it in the National Assembly within 7 days after the Assembly first sits after receiving it.
14. (1) As soon as practicable, but not later that ninety days after the end of the financial year, the Board shall submit to the Minister a report concerning the activities relating to the Fund during the financial year. (2) The report referred to in subparagraph (1) shall include information on the financial affairs of the Fund and there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement ofcomprehensive income; and (c)other information that the Minister responsibleforfinance may require. (3) The Minister shall, not later than seven days after the first sitting of the NationalAssembly next after receipt of the report referred to in subparagraph (1), lay the report before the National Assembly. Statistics [No. 13 of 2018 297 Transitional provisions SECOND SCHEDULE (Section 41) SAVINGS AND TRANSITIONAL PROVISIONS - 1 Verify source ↗
Short title and commencement
After commencement, specified assets, rights, liabilities and obligations are transferred to the Agency, and the Agency and registration authority must complete any required registration steps.
1. (1) On or after the commencement of this Act, there shall be transferred to, vest in and subsist against the Agencyby virtue of this Act and without further assurance, assets, rights, liabilities and obligations that the Ministermaydeterminewhich immediatelybeforethatdate were the assets, rights, liabilities and obligations of the Central Statistical Office which are necessary for performance of theAgency’s functions under thisAct. (2) Subject to subparagraph (1), every deed, bond and agreement, other than an agreement for personnel service, to which the Central Statistical Office was a party immediately before the commencement of thisAct whether or not of a nature that rights, liabilities and obligations could be assigned shall, unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this subparagraph , have effect as if — (a) the Agency had been party to it; (b) for any reference to the Central Statistical Office there was substituted, with respect to anything falling to be done on or after the commencement of this Act, a reference to the Agency; or (c) for any reference to any officer of the Central Statistical Office, not being a partyto it and beneficiallyinterested, there were substituted, as respect anything falling to be done on or after the commencement of this Act, a reference to that officer of the Agency that it shall designate. (3) Where under this Act, any assets, rights, liabilities and obligations of the Central Statistical Office are deemed to be transferred to the Agency in respect of which transfer a written law provides for registration,theAgencyshall make an application, in writing, to the appropriate registration authority for registration of the transfer. 298 No. 13 of 2018] Statistics Legal Proceedings (4) The registration authority, referred to in subparagraph (3), shall make entries in the appropriate register that shall give effect to the transfer and, where applicable issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register and shall endorse the deeds relatingtothetitle, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction. - 2 Verify source ↗
3. Principlesrelatingtoofficialstatistics
Pending proceedings and applications involving the Central Statistical Office may continue by or against the Agency, and post-commencement proceedings about rights, liabilities, or obligations of the Office may be brought by or against the Agency.
2. (1) Any legal proceedings or application of the Central Statistical Officependingimmediatelybeforethe commencement of this Act by or against the Central Statistical Office may be continued by or against the Agency. (2) After the commencement of this Act, proceedings in respect of any right, liabilityor obligation which was vested in, held, enjoyed, incurred or suffered bytheCentralStatisticalOffice maybeinstitutedbyor against theAgency. Staff of Central Statistical Office - 3 Verify source ↗
Principlesrelatingtoofficialstatistics
Necessary staff are transferred to the Agency, their service counts as continuous, and existing rights and liabilities of certain Central Statistical Office staff are not affected.
3. (1) There shall be transferred to the service of theAgency staff that are necessary for the performance of the functions of the Agency under thisAct. (2) The service of the persons referred to in subparagraph (1) shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of anyperson employed or appointed bythe Central Statistical Office before the commencement of this Act. Statistics [No. 13 of 2018 299 THIRD SCHEDULE (Section 23) MATTERS RELATING TO WHICH STATISTICAL INFORMATION MAY BE COLLECTED, COMPILED, ANALYSED, ABSTRACTED AND PUBLISHED - 7 Verify source ↗
Functions ofAgency
This section is about household income and expenditure and how they are distributed.
7. Household income and expenditure and their distribution - 14 Verify source ↗
Establishment of National Statistical System
This section is about vital events and other demographic matters.
14. Vital events and other demographic matters - 24
Section heading for Distributive Trade statistics.
24. Distributive Trade 300 No. 13 of 2018] Statistics - 37 Verify source ↗
General penalty
Section 37 is titled “Natural Resources and Environment accounting.”
37. Natural Resources and Environment accounting - 40 Verify source ↗
Repeal of Cap. 127 and Cap. 229
The Minister may prescribe other matters.
40. Such other matters as may be prescribed by the Minister
Part
PART III
- 14 Verify source ↗
Establishment of National Statistical System
This section establishes a National Statistical System and lists its members. It also says the system must support information-sharing, use of statistics, research, training, and statistics-awareness activities.
14. (1) Thereis establishedaNationalStatistical System which comprises the following: (a) data producers; (b) data suppliers; (c) users; (d) research institutions; (e) higher education institutions; and (f) the media. (2) The National Statistical System shall provide an interrelationamongthemembersoftheNational Statistical System in the— (a) provision of documents and other information for the purpose of, and in connection with,the compilation, production, analysis and dissemination of official and unofficial statistics; (b) use of official and unofficial statistics; (c) research and development of statistical methods and techniques; (d) training of statistical officers; and (e) advocacy for the awareness of the importance of statistics. Statistics [No. 13 of 2018 281 - 15 Verify source ↗
Functions of National Statistical System
The National Statistical System must plan, collect, compile, produce, analyse, and disseminate statistics, and develop statistical information systems.
15. (1) The National Statistical System is responsible for planning, collecting, compiling, producing, analysing and disseminating officialandunofficialstatistics. Functions of National Statistical System (2) The National Statistical System, shall, develop a comprehensive national statistical management information system, along with a sector management information system, to ensure reliable, comprehensive and harmonised statistical information. (3) The National Statistical System shall— (a) raisepublic awareness on the importance of statistics; (b) promote the use of best practices and international standards in statistical product ion, m an agement and dissemination; (c)minimiseoverlaps and duplication inundertakingstatistical collections so as to reduce the burden on suppliers of data; (d) promote the use of statistics at individual, institutional, national and international levels, for evidence-based decision-making, policy making, monitoring and evaluation of policies and programmes; and (e) build sustainable capacity for the production and use of statistics in the Republic for planning purposes. - 16 Verify source ↗
Administration of National Statistical System
The Agency must administer the National Statistical System cost-effectively, efficiently, and in line with section 3 and other internationally accepted statistical principles.
16. The Agencyshall administer the National StatisticalSystem in a cost-effective and efficient manner in accordance with the principles under section 3, and anyother internationally accepted principles relating to statistics. Administration of National Statistical System - 17 Verify source ↗
Code of practice
The Agency must develop a code of practice and publish it in the Gazette.
17. (1) The Agency shall develop a code of practice setting out professional and ethical standards applicable to members of the National Statistical System official and unofficial statistics. Code of practice (2) The code of practice to be developed under subsection (1) shall be based on the principles under section 3, and any other internationallyaccepted principles relating to statistics. (3) The Agency shall publish the code of practice developed under subsection (1), in the Gazette. 282 No. 13 of 2018] Statistics (4) Despite the generality of subsection (1), the code of practice shall include— (a) ethicalandprofessionalstandards which are impartial and credible, to be used in the collection, production, analysis and dissemination of statistics; (b) measures that ensure the optimal quality and comparability of official and unofficial statistics; and (c) measures that minimise duplication in the collection, production, analysis and dissemination of statistics. Commence- ment and finalisation of statistical collection - 18 Verify source ↗
Commencement and finalisation of statistical collection
The Agency may start, change, or stop statistical collection, but private bodies need approval to conduct official statistical collections and must share data and reports at the end.
18. (1) Subject to subsection (2) and the other provisions of thisAct, the Agencymaycommence, varyor discontinue statistical collection. (2) Despite anything to the contrary in any other written law— (a) a person shall not authorise the commencement, variation ordiscontinuance of an official statistical collection; (b) a private body shall not conduct an official statistical collection, other than market research and feasibility studies required for the purposes of market analysis, except with the approval of theAgency and subject to conditions that the Board may impose; and (c) a person shall conduct an official statistical collection with the approval of the Agency, and subject to conditions that the Board may impose. (3) The Board may, by notice in the Gazette and subject to conditions that it may impose, exempt a person from the application of subsection (2) in any specific instance. (4) Where a person or private body undertakes a statistical collection, in accordance with subsections (2) or (3), that person shall, at the finalisation of the statistical collection, without charge, provide the Agency with the datasets and copies of the report of the statistical collection, including any statistics produced in the process. (5) Where a private body proposes to conduct a census or survey at national level, the private body shall, before conducting a census or survey for the purpose of producing official statistics furnish particulars of that proposal to theAgency. Statistics [No. 13 of 2018 283 (6) TheAgencyshall — (a) consider the proposal within thirty days of receipt; and (b) approve or reject the proposal and notify the private body of its decision. (7) Where the Agency approves the proposal by a private body, the Agency shall, subject to the approval of the Board, publish in the Gazette the findings of the census or survey undertaken by the private body. - 19 Verify source ↗
Agreement on statistical information and data
The Agency may make an agreement with a private body to collect official statistics or data, subject to conditions.
19. (1) Subject to subsection (2), the Agency may enter into anagreementwithaprivatebodyforthecollection ofofficialstatistics or data which the Agency has authority to collect. Agr e e me n t on statistical information and data (2) An agreement, under subsection (1), shall be concluded subject to the following conditions: (a) the collection of statistics shall be undertaken by the Agency, jointlywith a private bodyengagedin collecting statistics; (b) the statistics collected shall be exchanged between the parties, except information supplied bya respondent that objects to the exchange or sharing of that information by the parties; and (c) the private body shall protect confidential information made available to the parties under the agreement. - 20 Verify source ↗
Standardisation
The Agency may issue standards on statistics and spatial data, but only by notice in the Gazette and after approval by the Standardisation Board.
20. The Agencymay, by notice in the Gazette, after approval Standardisation of the Board, issue standards on— (a) statistics relating to— (i) the criteria, classification and certification procedures for designation of statistics as official statistics; (ii) methods forconvertingdocuments, information anddataintoofficial or other statistics; (iii) the manner and nature of documents, information and records required for the collection of official statistics; (iv) the procedurefor access, collection and receipt of official statistics; 284 No. 13 of 2018] Statistics (v) the requirements and protocols for access to micro-data used for research; (vi) record-keeping, including the manner in which metadata shall be documented; and (vii) any other matter necessary for, or incidental to the collection of statistics; and (b) spatial data, in particular— (i) the manner and form of capturing spatial data; (ii) measures relatingto the avoidance of duplication in the capture of and safeguarding the integrity of the captured spatial data; (iii) the sharing and integration of spatial data; (iv) the capture and publication of metadata; (v) the manner and refusal of access to, and dissemination of, spatial data; (vi) the supply of, and accountabilityfor,spatial data; (vii) agreements on the utilisation of spatial data; and (viii) maintenance of, and reporting on, spatial data. Designation of statistics as official statistics - 21 Verify source ↗
Designation of statistics as official statistics
The Agency may designate statistics as official statistics. If it does, it must protect the confidentiality and identity of data sources, and a person who wants to publish official statistics must first seek the Agency’s approval.
21. (1) The Agency may designate, as official statistics, any statistics or class of statistics produced from collections of statistics by the National Statistical System. (2) TheAgencyshall,wherestatisticsaredesignated as official statistics, protect the confidentiality and identity of the source of data. (3) Theofficialstatisticsreferredtoinsubsection(2) shall be— (a) relevant, accurate, reliable and timely; (b) objective and comprehensive; (c) disseminated impartially; (d) accessible; (e) in accordance with appropriate national and international standards and classifications; and (f) disaggregated by important domains. Statistics [No. 13 of 2018 285 (4) A person wishing to publish any official statistics shall, before publication, seek the approval of theAgency. - 22 Verify source ↗
Census and survey
The Minister may order a national census in the Republic, and the order must specify the timing, the information to be collected, and may allow the Agency to issue guidelines.
22. (1) Subject to section 7, the Minister may, on the advice of the Board, by statutory order, declare that a national census be undertaken in the Republic. Census and survey (2) An order issued in accordance with subsection (1) shall specify— (a) the date or dates on or between which the national census or survey shall be undertaken; (b) the information to be obtained in the national census or survey; and (c) that the Agency may issue, by Gazette notice, guidelines on the administrativeandtechnicalaspectstobefollowed when undertaking a national census or survey. (3) In this Act, a national census or surveydoes not include - (a) internal surveys by a private body conducting a census or survey involving a member or stakeholder of that private body; (b) market surveys conducted byor on behalf of any person involving consumers or potential consumers of the products or services of that person; and (c) surveys by or among other classes of persons, as may be prescribed. - 23
The Agency may collect official statistics anywhere in the Republic on matters listed in the Third Schedule.
23. The Agency may collect in any part of the Republic, official statistics relating to all or any of the matters set out in the Third Schedule. - 24
The Agency may authorise sampling for certain statistics work, and people selected in a sampling exercise must complete a return or answer an inquiry.
24. (1) The Agency may, where appropriate, authorise the collection of official statistics and data bythe use of sampling for the matters specified in the Third Schedule, as prescribed. Statistics Sampling (2) The Agency may authorise the use of sampling to test a questionnaire and a statistics procedure before finalisation. (3) A person selected in a sampling exercise shall fill in a return or answer an inquiry, as the case may be. 286 No. 13 of 2018] Statistics Procedure for collecting and processing of statistical data Access to administrative data and metadata - 25 Verify source ↗
26. Access to administrative data and metadata
The Agency must make sure the statistics collection and processing procedure in the National Statistical System includes disaggregation of data by important domains.
25. The Agency shall ensure that the procedure for collecting and processing of statistics in the National Statistical System provides for the disaggregation of data by important domains. - 26 Verify source ↗
Access to administrative data and metadata
A statistical agency must give the Agency the administrative data and metadata it has, for producing official statistics and assessing data quality.
26. (1) A statistical agency shall provide theAgency with administrative data and metadata in their possession for the production of official statistics and assessment of data quality, respectively. (2) In this section, “administrative data” means data collected by, or on behalf of, a public body other than the Agency for administrative purposes in conformity with anyother written law. Statistics releases - 27 Verify source ↗
28. National plan for development of statistics
The Agency must prepare a calendar of planned release dates for official statistics, and the Statistician-General must tell the public about any changes to those dates.
27. (1) The Agency shall prepare a calendar indicating planned dates for the release of official statistics. (2) The Statistician-General shall notify the public of any variation to the planned dates for release of official statistics. (3) Where there is a variation to the planned dates referred to under subsection (1), a new date for the release shall be set within reasonable time and made public. National plan for development of statistics - 28 Verify source ↗
National plan for development of statistics
The Agency must develop and maintain a national statistics plan, and a statistical agency must develop a sector statistics plan with the Agency.
28. (1) The Agency shall, in consultation with relevant stakeholders develop and maintain a national plan for the development of official statistics which shall be intergrated into the national development plan. (2) A statistical agency shall develop a sector statistics plan in collaboration with theAgency. PART IV GENERAL PROVISIONS Entry and inspection of premises
Part
PART IV
- 29 Verify source ↗
Entry and inspection of premises
An authorised officer may enter and inspect land, premises, or a private dwelling with consent or a warrant for census, survey, or statistical collection purposes.
29. (1) An authorised officer may, with the consent of a person in charge of any land or premises, or with a warrant, at all reasonable times, enter and inspect that land, premises or private dwelling for the purposes of — (a) taking a national census or survey; or (b) statistical collection. Statistics [No. 13 of 2018 287 Restrictions on disclosure of information (2) The Board shall issue an identity card to an authorised officer, which shall be prima facie evidence of the authorised officer’s appointment as such. (3) An authorised officer shall, when exercising a power under thisAct— (a) be in possession of the identity card referred to in subsection (2); and (b) show the identity card to anyperson who requests to see it. - 30 Verify source ↗
Restrictions on disclosure of information
This section restricts publication, evidence use, and disclosure of certain returns, forms, answers, and related documents, unless written permission is given or an exception applies.
30. (1) Except for the purposes of a prosecution for a contravention of a provision of thisAct— (a) a return made or form or any part of the return or form submitted for the purposes of this Act and an answer given to any question put for the purposes of thisAct; or (b) a report, abstract or document containing particulars comprisedinanyreturn,form or answer and so arranged as to enable identification of the particulars of the respondent by whom or on whose behalf the return was made, form submitted or answer was given; shall not be published, admitted in evidence or disclosed to any personwhoisnotengagedincarrying outanyfunctionstipulatedin thisAct,exceptwiththe written permissionofthepersonbywhom oron whose behalfthereturnwas made,form submittedoranswer was given. (2) Subsection (1) shall not applywherea person or business has published anyreturn, answer, report, abstract or document or established a computerised data set for general access. (3) Nothing in this section shall prevent or restrict the publication of any report, abstract or document without the consent, referred to in subsection (1), where the particulars contained therein, relate to a person who, or business which, is the onlyperson or business within its particularsphereofactivities, andtheparticularspublished do not render possibletheidentification of the costs of production, capital employed or profits arising in the undertaking or business. 288 No. 13 of 2018] Statistics (4) Despite the restrictions in subsection (1), the Agency mayreleaseunitrecordsonelectronicmedia,withall identifications removed, if the Statistician- General — (a) is satisfied that the unit records so released shall be used for genuine purposes of research; (b) obtains from the recipient of the records a written undertaking that the records shall not be released to any other person without the written consent of the Statistician-General; (c) obtains from the recipient a written undertaking to make available a copy of the research findings to the Agency; or (d) is satisfied that the individual unit records cannot be identified as relating to any particular person, undertaking or business. - 31 Verify source ↗
Misuse of statistical data
A person commits an offence if they misuse certain non-public information, publish or communicate information without lawful authority, or knowingly compile false statistics.
31. (1) A person commits an offence if that person— (a) directly or indirectly uses for personal gain, information obtained in the course of an engagement which might exert an influence on or affect the market value of any share, property, product or article and who, before that information is made public, directly or indirectly uses that information for personal gain; (b) without lawful authority, publishes or communicates to any person, other than in the ordinary course of that person’s engagement, any information acquired in the course of the engagement; or (c) knowingly compiles for publication any false statistics. Misuse of statistical data (2) A person convicted of an offence under subsection (1) is liable to a fine not exceeding fifty thousand penalty units or imprisonment for a term not exceeding six months, or to both. - 32
A person who must supply particulars to the Statistician-General must do so in the prescribed manner and form, and within a period set by the Agency or an authorised officer.
32. Aperson required to supply particulars to the Statistician- General shall do so in the prescribed manner and form within the period as may be determined by the Agency, or an authorised officer for purposes of this Act. - 33 Verify source ↗
34. Directives for non-compliance
A document to be served on the Agency may be left at the Agency’s registered office.
33. Without prejudice to any other law relating to the service of a document, a document to be served on the Agency may be served by leaving it at the registered office of theAgency. Power to obtain particulars Service of document Statistics [No. 13 of 2018 289 - 34 Verify source ↗
Directives for non-compliance
The Agency may issue a directive for non-compliance, require a written report within the stated time, and a person who does not comply may owe an administrative penalty.
34. (1) The Agency may issue a directive to a person or private body for non-compliance with the provisions of thisAct. (2) Adirectiveissuedinaccordancewith subsection (1), may require a person to submit a written report in response to the Agency’s directive within a period specified in the directive. (3) The directive issued in accordance with subsection (1) shall clearly state— Directives for non- compliance (a) who it is addressed to; (b) the issues to be addressed; (c) supporting documents; (d) the provisions of this Act or any other written law that has been contravened; (e) the details of the contravention; (f) the enforcement measures that the Statistician-General intends to impose in the event of continued contravention of thisAct or the directive; (g) the form and time frame for submission of the report; and (h) the address where the report shall be submitted. (4) A person who fails to comply with a directive issued under this section is liable to pay an administrative penalty. - 35 Verify source ↗
Offences by principal officer of body corporate or un
A director, manager, or shareholder can commit an offence if a body corporate or unincorporate body commits an offence with that person’s knowledge, consent, or connivance.
35. Where an offence under this Act is committed by a body corporateorunincorporate body,withtheknowledge, consent or connivance of the director, manager or shareholder, that director, shareholder or manager of the body corporate or unincorporate body commits an offence and is liable, on conviction, to the penalty or term of imprisonment specified for the offence. - 36 Verify source ↗
General offences
A person commits an offence for obstructing an authorised officer, failing to complete or deliver required documents, giving false statements, delaying or withholding information, or concealing/falsifying records.
36. (1) A person commits an offence if that person— (a) hinders or obstructs an authorisedofficer in the exercise of any of the powers or the discharge of any of the functions under thisAct; (b) fails to— (i) dulycomplete anyreturn,form,or other document lawfully left with, or sent to, the person; (ii) transmit or deliver in accordance with directions that may be contained therein or given by an authorised officer that return, form or other document, duly completed; or Offences by principal officer of body corporate or un- incorporate body General offences 290 No. 13 of 2018] Statistics (iii) answer any questions lawfully asked by an authorised officer; (c) knowingly makes any statement which is untrue in any material particular in any return, form, or other document submitted in accordance with this Act or in an answer made to an authorised officer for the purposes of this Act; (d) unreasonably delays or withholds information; or (e) conceals or falsifies records. (2) A person convicted of an offence under subsection (1) is liable to a fine not exceeding one hundred thousand penalty units, or to imprisonment for a term not exceeding one year, or to both. - 37 Verify source ↗
General penalty
A person who breaks a provision of the Act that has no specific penalty may be fined up to 50,000 penalty units, jailed for up to 6 months, or both.
37. ApersonwhocontravenesaprovisionofthisAct for which a specific penalty is not provided is liable to a fine not exceeding fifty thousand penalty units, or to imprisonment for a term not exceeding six months, or to both. - 38 Verify source ↗
Administrative penalty
The Agency may impose an administrative penalty for a failure to comply with the Act that is not an offence.
38. (1) TheAgency mayimposean administrative penaltyon a person for a failure to complywith thisAct which is not an offence. (2) An administrative penalty, referred to in subsection (1), shall not exceed the amount prescribed by the Minister for each dayduring which such failure continues. (3) An administrative penalty, imposed in accordance with subsection (1), is payable to the Agency within the period specified by theAgency. (4) If any person fails to pay an administrative penalty, within the period specified in subsection (3), theAgency may, by way of civil action in a competent court, recover the amount of the administrative penaltyfrom that person as an amount due and owing to theAgency. - 39 Verify source ↗
Regulations
The Minister may make regulations by statutory instrument for matters that must be prescribed under the Act and to better carry out the Act.
39. The Minister may, by statutory instrument, make regulations for anything required to be prescribed under this Act and for the better carrying out of the provisions of this Act. - 40 Verify source ↗
Repeal of Cap. 127 and Cap. 229
This section repeals the Census and Statistics Act, 1955 and the Agricultural Statistics Act, 1964.
40. The Census and Statistics Act, 1955 and theAgricultural Statistics Act, 1964 are repealed. - 41 Verify source ↗
First Schedule
The savings and transitional provisions in the Second Schedule apply for this Act.
41. The savings and transitional provisions set out in the Second Schedule apply for purposes of this Act. General penalty Administrative penalty Regulations Repeal of Cap. 127 and Cap. 229 Savings and transitional provisions Statistics [No. 13 of 2018 291 FIRST SCHEDULE (Sections 5 (2) and 8 (6)) PART I ADMINISTRATION OF AGENCY AND BOARD Tenure of office for members and vacancy
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