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Consular Fees Regulations 1990

Authoritative Version
  • - F2004C00333
  • In force - Superseded Version
  • View Series
SR 1990 No. 44 Regulations as amended, taking into account amendments up to SR 2000 No. 156
Principal Regulations; Repeals the former Consular Fees Regulations
Administered by: Foreign Affairs and Trade
Start Date 01 Jul 2000
End Date 31 Dec 2016

CONSULAR FEES REGULATIONS 1990



A graphic exists here.

Consular Fees Regulations 1990

Statutory Rules 1990 No. 44 as amended
made under the
Consular Fees Act 1955
This compilation was prepared on 1 July 2000
taking into account amendments up to SR 2000 No. 156
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra
A graphic exists here.

Consular Fees Regulations 1990

Statutory Rules 1990 No. 44 as amended
made under the
Consular Fees Act 1955



CONSULAR FEES REGULATIONS 1990

- REG 1
Name of Regulations [see Note 1]

These Regulations are the Consular Fees Regulations 1990.

CONSULAR FEES REGULATIONS 1990

- REG 1A
Definitions

In these Regulations:

Act means the Consular Fees Act 1955.

consular act has the meaning given by regulation 2.

CONSULAR FEES REGULATIONS 1990

- REG 2
Consular act

(1)
Under section 2 of the Act, a consular act is an act specified in the regulations as being a consular act for the purposes of the Act.

(2)
Each act in column 2 of the Schedule is a consular act.

CONSULAR FEES REGULATIONS 1990

- REG 3
Fee for consular act

(1)
Under section 3 of the Act, 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 people mentioned in the section.

(2)
The fee mentioned in column 3 of an item in the Schedule is imposed for performing the consular act mentioned in the item.

CONSULAR FEES REGULATIONS 1990

- REG 4
Acts performed for the governments of other countries

A fee imposed for a consular act is not payable if the consular act is performed at the request, and for the purposes, of the government of a foreign country.


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CONSULAR FEES REGULATIONS 1990

- REG 5
Payment in local currency

If a consular act for which a fee is imposed is performed in a place outside Australia, payment of the fee may be made by the payment, in the currency of that place, of the equivalent of the amount of the fee.

CONSULAR FEES REGULATIONS 1990

- REG 6
Repeal

Statutory Rules 1956 No. 38 are repealed.

CONSULAR FEES REGULATIONS 1990

Schedule Fees for the performance of consular acts

(regulations 2 and 3)


Column 1
Column 2
Column 3
Item
Consular act
Fee
1
Administering an oath or receiving a declaration or affirmation, with or without witness of signature
$20
2
Marking an exhibit to an affidavit or declaration in writing
$10
3
Witnessing:
$20

(a) the signature; or


(b) the seal; or


(c) the signature and seal;


of an authority or person, other than a person mentioned in section 3 of the Act

4
Signing a document, or affixing a seal to a document or other article, in a case not otherwise specified in this Schedule
$20
5
Signing and affixing a seal to a document in a case not otherwise specified in this Schedule
$20
6
Preparing a declaration or other document in a case not otherwise specified in this Schedule or taking down in writing an oral declaration or deposition made before a person mentioned in section 3 of the Act
$30 and, in addition, $20 for each 50 words, or part of 50 words, by which the document exceeds 50 words
7
Making and certifying a copy of a document or part of a document
$30 and, in addition:
(a) if the consular act


includes the typing of the document or a part of the document — $20 for each 50 typed words


(b) $2 for each copy, other than the first typed copy, of a page of the document
8
Verifying and certifying a copy of a document or part of a document
$30 and, in addition:


(a) if the consular act includes the typing of the document or a part of the document — $20 for each page


(b) $10 for each copy, other than the first typed copy, of a page of the document
9
Uniting documents and affixing a seal to the fastening
$20
10
Initialling alterations to, or interlineations in, a document not prepared by a person mentioned in section 3 of the Act
$5 for each 3 initiallings, or part of 3 initiallings
11
Taking evidence under a commission or order from a court
$50 for each hour, or part of an hour, spent in taking the evidence or $200, whichever is the greater
12
Effecting, or attempting to effect, service of a document and issuing a certificate or affidavit of service or attempted service
$30
13
Transmitting through official channels a document or other article
$12 and, in addition, the amount of the postal charges which would be payable if the document or article were transmitted by post
14
Witnessing the execution of a will
$40
15
Transferring funds through official accounts, other than for the purposes of the realisation of a deceased estate
$40
15A
Preparation and issue of an Apostille (being a certificate of the kind referred to in Article 3 of the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents)
$60
16
The performance of a consular act specified in a preceding item of this Schedule:
$10 and, in addition:
(a) if the act is performed away from diplomatic

(a) away from diplomatic or consular premises; or
(b) outside the hours when those premises are open to the public for business
or consular premises:
(i) the cost of the travel of a person mentioned in section 3 of the Act from those premises to the place where he or she performs the act


(ii) if the person is required to be absent overnight from his or her usual place of residence — the cost of his or her meals and accommodation


(b) if the act is performed outside the hours when those premises are open to the public for business — the amount of the remuneration (if any) of the person in respect of the period in which the act was performed


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CONSULAR FEES REGULATIONS 1990

Notes to the Consular Fees Regulations 1990

Note 1

The Consular Fees Regulations 1990 (in force under the Consular Fees Act 1955) as shown in this compilation comprise Statutory Rules 1990 No. 44 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1990 No. 44
27 Feb 1990
27 Feb 1990

1995 No. 37
14 Mar 1995
16 Mar 1995

1998 No. 43
25 Mar 1998
25 Mar 1998

2000 No. 156
28 June 2000
1 July 2000

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
R. 1
rs. 2000 No. 156
R. 1A
ad. 1998 No. 43
R. 2
rs. 1998 No. 43
R. 3
rs. 1998 No. 43
Schedule
am. 1995 No. 37; 1998 No. 43; 2000 No. 156