Federal Register of Legislation - Australian Government

Primary content

Consular Fees Act 1955

Authoritative Version
  • - C2011C00318
  • In force - Superseded Version
  • View Series
Act No. 5 of 1955 as amended, taking into account amendments up to Statute Law Revision Act 2011
An Act to provide for the Charging of Fees for Consular Acts performed by Australian Diplomatic and Consular Officers and certain other Officers and Employees of the Commonwealth
Administered by: Foreign Affairs and Trade
Registered 04 May 2011
Start Date 19 Apr 2011
End Date 30 Apr 2016
Table of contents.

Consular Fees Act 1955

Act No. 5 of 1955 as amended

This compilation was prepared on 19 April 2011
taking into account amendments up to Act No. 5 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Interpretation....................................................................................... 1

3............ Fees may be prescribed for consular acts............................................ 2

4............ List of fees to be displayed.................................................................. 2

5............ Saving of fees under other Acts.......................................................... 2

6............ Regulations......................................................................................... 2

Notes                                                                                                                                               3


An Act to provide for the Charging of Fees for Consular Acts performed by Australian Diplomatic and Consular Officers and certain other Officers and Employees of the Commonwealth

 

 

1  Short title [see Note 1]

                   This Act may be cited as the Consular Fees Act 1955.

2  Interpretation

                   In this Act, unless the contrary intention appears:

Australian Consular Officer means a person appointed to hold or act in any of the following offices of the Commonwealth in a country or place outside Australia:

                     (a)  Consul‑General;

                     (b)  Consul;

                     (c)  Vice‑Consul;

                     (d)  Trade Representative; and

                     (e)  Consular Agent.

Australian Diplomatic Officer means a person appointed to hold or act in any of the following offices of the Commonwealth in a country or place outside Australia:

                     (a)  Ambassador;

                     (b)  High Commissioner;

                     (c)  Minister;

                     (d)  Head of a Mission;

                     (e)  Commissioner;

                      (f)  Chargé d’Affaires; and

                     (g)  Counsellor, Secretary or Attaché at an Embassy, High Commissioner’s office, Legation or other post.

consular act means an act specified in the regulations as being a consular act for the purposes of this Act.

3  Fees may be prescribed for consular acts

                   The regulations may provide for the imposition of fees, to be collected on behalf of the Commonwealth, for the performance, whether in Australia or elsewhere, of consular acts by:

                     (a)  an Australian Diplomatic Officer or an Australian Consular Officer; or

                     (b)  the person holding or acting in the office of Secretary of the Department or an officer of the Department acting with the authority of the Secretary; or

                     (c)  an employee of the Commonwealth authorised, in writing, by the Secretary of the Department; or

                     (d)  an employee of the Australian Trade Commission authorised, in writing, by the Secretary of the Department.

4  List of fees to be displayed

                   An Australian Diplomatic Officer or an Australian Consular Officer who performs consular acts shall cause to be displayed in his or her office, in a position where it may readily be inspected by persons seeking the performance of consular acts, a list of the consular acts for which fees are chargeable under this Act, and of other acts that may be performed by him or her for which fees are chargeable under any other Act, showing the respective fees chargeable.

5  Saving of fees under other Acts

                   A fee under this Act is not chargeable in respect of an act for which a fee is chargeable under another Act (whether passed before or after the commencement of this Act).

6  Regulations

                   The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, providing that the prescribed fees are not payable in such cases as are prescribed.


Notes to the Consular Fees Act 1955

Note 1

The Consular Fees Act 1955 as shown in this compilation comprises Act No. 5, 1955 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Consular Fees Act 1955

5, 1955

23 May 1955

20 June 1955

 

Administrative Changes (Consequential Provisions) Act 1976

91, 1976

20 Sept 1976

S. 3: 22 Dec 1975 (a)

S. 4

Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985

187, 1985

16 Dec 1985

Ss. 1–4, 12, 19, 32 and 61: Royal Assent
Remainder: 6 Jan 1986 (see s. 2(1) and Gazette 1985, No. S551)

S. 34

Foreign Affairs and Trade Legislation Amendment Act 1997

150, 1997

17 Oct 1997

Schedule 1 (items 2–5): 17 Oct 1997 (b)

Statute Law Revision Act 2008

73, 2008

3 July 2008

Schedule 4 (items 191, 192): 4 July 2008

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Schedule 7 (item 41): 19 Apr 2011


(a)     The Consular Fees Act 1955 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2(7) of which provides as follows:

                 (7)   The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975.

(b)     The Consular Fees Act 1955 was amended by Schedule 1 (items 2–5) only of the Foreign Affairs and Trade Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Title.....................................

am. No. 150, 1997

S. 2......................................

am. No. 187, 1985

S. 3......................................

am. No. 91, 1976; No. 150, 1997; No. 5, 2011

S. 4......................................

am. No. 73, 2008