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.
(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.