Author: Kristine Brown
Last saved by: Debbie Parr
Company: Attorney-General's Department

Contents
Page

Regulation 1

Regulation 6

Schedule | Fees for the performance of consular acts

Fees for the performance of consular acts | Schedule

Notes to the Consular Fees Regulations 1990
Table of Statutory Rules

Notes to the Consular Fees Regulations 1990
Table of Amendments

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

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

Contents
Page
	1	Name of Regulations [see Note 1]	2
	1A	Definitions	2
	2	Consular act	2
	3	Fee for consular act	2
	4	Acts performed for the governments of other countries	2
	5	Payment in local currency	2
	6	Repeal	3
Schedule	Fees for the performance of consular acts	4
Notes	8

  
  
1	Name of Regulations [see Note 1]
		These Regulations are the Consular Fees Regulations 1990.
1A	Definitions
		In these Regulations:
Act means the Consular Fees Act 1955.
consular act has the meaning given by regulation 2.
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.
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.
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.
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.
6	Repeal
		Statutory Rules 1956 No. 38 are repealed. 

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

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

| Consular Fees Regulations 1990 |