ABS conditions of sale

Prices are subject to change without notice.

Copyright in ABS products is owned by the Commonwealth. By using ABS products, you ('the Client') agree not to reproduce, distribute or commercialise the product, or any product or service derived from or incorporating it or part of it (whether or not amounting to a copyright reproduction) other than as allowed by the licence conditions of the product sold.

Most ABS material is licensed under Creative Commons Attribution (see below for details). Where no indication of licensing is provided within the product, full copyright terms apply. Where consent is sought to use data that is released under full copyright terms, the Commonwealth reserves the right to set an appropriate charge or to require a revenue sharing arrangement.

The Client is permitted to quote an insubstantial part of the statistical data contained in the products (whether or not copyright subsists in the products), providing that: 

• an 'insubstantial part' means a 'fair dealing' as defined in sections 40, 41, 42 and 43 of the Copyright Act 1968
• the ABS is cited as the source of the data used
• the terminology used is that used by the ABS for describing data, and
• any analysis or transformation of the data is not attributed to the ABS.

The Commonwealth authorises the Client to use ABS supplied data or software on a non-transferable and non-exclusive basis. The Client may use the data or software personally or for internal purposes within their organisation. This authorisation does not permit the client to reproduce this data or software other than for the purposes of this personal or internal use.

In these Conditions, 'commercialise' in respect of a product or a derivative of that product, means to manufacture, sell, distribute, hire or otherwise exploit a product or process, or to provide a service incorporating the product or any other product or service derived from that product. Most customised material will carry a licence condition covering the application terms of use. The licence will be clearly displayed within the product. The conditions of a licence will take precedence over the conditions regarding use of ABS material stated in 'Copyright' above.

Use of ABS microdata is limited by the terms and conditions in the Undertaking by a Responsible Officer of an Organisation and the Undertaking by an Individual ('Microdata Undertakings'). The organisation is granted a non-exclusive, non-transferable licence by the ABS for the Authorised Users to use the microdata for statistical and research purposes as authorised by the ABS in accordance with the Microdata Undertakings.

If a product is licensed under Creative Commons Attribution 4.0 International, you are free to:

• copy, distribute, display and perform the material
• make derivative material
• make commercial use of the material

on the condition that you attribute the ABS as the original author using text such as "Source: Australian Bureau of Statistics" or "Source: ABS" in cases where no changes have been made to the ABS material, or "Based on Australian Bureau of Statistics data" or "Based on ABS data" if you have modified or transformed ABS material, or derived new material from those of the ABS in any way.

For any reuse or distribution you must make clear to others the licence terms of this material.

See www.abs.gov.au/ccby for details of the Creative Commons Attribution licence conditions.

A Creative Commons licence terminates automatically if you use the ABS’s work contrary to the licence terms.

The price may include Goods and Services Tax (GST) for that part of the supply made by the ABS to the Client under this Agreement which is a taxable supply as determined under A New Tax System (Goods and Services Tax ) Act 1999 (GST Act).

In relation to taxable supplies made by ABS to the Client under this Agreement, the ABS agrees to issue the Client with either:

1. a tax invoice in accordance with the GST Act; or
2. a document satisfying the minimum information requirements to entitle the recipient of a taxable supply to claim an input tax credit without holding a tax invoice.

As per Tax and Superannuation Laws Amendment (2012 measures No. 1) Act 2012, the GST may be excluded on your quote (this will be stipulated on your quote).

The Commonwealth gives no warranty, other than a warranty that may be implied by law, that the products are free from errors, are complete, have any particular quality, are suitable for any purpose or otherwise.

Subject to any warranty which may be implied by law, the Commonwealth's liability to the Client for any loss, damage or injury howsoever caused by the Commonwealth, whether due to negligence or otherwise, in relation to a product shall be limited to providing a replacement copy of that product.

The Client agrees to indemnify the Commonwealth (and its servants and agents) in respect of all liability for loss (including all legal costs) or liability from any claim, suit, demand, action or proceeding brought by any third person in connection with these Conditions of Sale or from a Client's use of the products.

These limitations of liability provisions shall survive the expiration or earlier termination of these Conditions of Sale.

This Agreement shall be construed in accordance with the law of the Australian Capital Territory and the parties submit to the jurisdiction of the courts in that Territory (including the federal courts).

Additional Conditions of Sale may apply to certain ABS products.

For questions relating to these Conditions, email: data.services@abs.gov.au