Section 51 of the Australian Constitution is the subsection of Section 51 of the Australian Constitution

Section 51 of the Australian Constitution

Section 51 of the Constitution of Australia grants legislative powers to the Australian Parliament only when subject to the constitution. When the six Australian colonies joined together in Federation in 1901, they became the original States and ceded some of their powers to the new Commonwealth...

 granting the Commonwealth the power to make laws on "census and statistics".

Historical Context to the inclusion of the Census Power

The first version of the Constitution included a census power. Its inclusion was not controversial. It can be seen as a class of 'nationhood powers' which reflected basic powers that a 'nation' was viewed with possessing (similar nationhood powers would include the currency power

Section 51(xii) of the Australian Constitution

Section 51 is a subsection of Section 51 of the Constitution of Australia that gives the Commonwealth Parliament the right to legislate with respect to “currency, coinage, and legal tender.”...

, the weights and measures power, and the postal power

Section 51(v) of the Australian Constitution

Section 51 of the Constitution of Australia is a subsection of Section 51 of the Constitution of Australia that gives the Commonwealth Parliament of Australia power to legislate on "postal, telegraphic, telephonic, and other like services".-Postal Services:...

).

Australian colonies had collected statistics from settlement. The first simultaneous census was held across Australia in 1881 as part of the Census of the British Empire.

In December 1905 the Commonwealth Government passed The Census and Statistics Act 1905. The first Commonwealth Census after federation was held in 1911 (although a simultaneous state census was held in 1901).

The Australian Bureau of Statistics

Australian Bureau of Statistics

The Australian Bureau of Statistics is Australia's national statistical agency. It was created as the Commonwealth Bureau of Census and Statistics on 8 December 1905, when the Census and Statistics Act 1905 was given Royal assent. It had its beginnings in section 51 of the Constitution of Australia...

 is the Commonwealth Agency responsible for census and statistics.

Other Sections of the Australian Constitution and the Census and Statistics Power

Section 24 of the Australian Constitution says the number of members in the House of Representatives per state will be based on the based on quotas based on population, which will be based on "the latest statistics of the Commonwealth" (s. 24(i)) and s. 24(ii)). Section 24 envinces a clear intention that the Commonwealth would use Section 51(xi) to conduct census and collect information, rather than leaving the matter to the states.

Section 127 of the Australian Constitution stated that "Aboriginal natives" should not be counted in the census. This section was removed by a referendum to amend the constitution

Referendums in Australia

In Australia, referendums are binding polls usually used to alter the Constitution of the Commonwealth or a state or territory. Non-binding polls are usually referred to as plebiscites.-Federal referendums:...

 that was held in 1967

Australian referendum, 1967 (Aboriginals)

The referendum of 27 May 1967 approved two amendments to the Australian constitution relating to Indigenous Australians. Technically it was a vote on the Constitution Alteration 1967, which became law on 10 August 1967 following the results of the referendum...

.

Section 127 uses the word "census" - the language of s. 51(xi) - rather than "the latest statistics of the Commonwealth" used in Section 24. However, on a purposive approach, the debates at the Constitutional Conventions showed the clear purpose of section 127 was to limit section 24. Section 127 operated to prevent the number of aboriginals being used in the calculations for the number of members of the House of Representatives. Section 127 was quite a narrow provision, in that it did not use the word "statistics". Accordingly, section 51(xi) still allowed the Commonwealth had the power to collect statistics on Aboriginal people which it, in fact, did according population numbers.