Commonwealth Coat of Arms of Australia

Statutory Rules 1990 No.44 1

Consular Fees Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Consular Fees Act 1955.

 Dated 19 February 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Gareth Evans

Minister of State for Foreign Affairs

and Trade

Citation

1. These Regulations may be cited as the Consular Fees Regulations.

Consular acts

2. An act specified in column 2 of the Schedule is a consular act for the purposes of the Consular Fees Act 1955.

Fees

3. The fee specified in an item in column 3 of the Schedule is imposed for the performance, whether in Australia or elsewhere, of the consular act specified in column 2 of that item by:

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

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

Acts performed for the governments of other countries

4. 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.

(S.R. 342/89)—Cal. No. 14/12.2.1990


Payment in local currency

5. 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.

Repeal

6. Statutory Rules 1956 No. 38 are repealed.

SCHEDULE Regulations 2 and 3

FEES FOR THE PERFORMANCE OF CONSULAR ACTS

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

$10

2

Marking an exhibit to an affidavit or declaration in writing

$5

3

Witnessing:

$10

 

(a) the signature; or

 

 

(b) the seal; or

 

 

(c) the signature and seal;

 

 

of an authority or person, other than a person specified in regulation 3

 

4

Signing a document, or affixing a seal to a document or other article, in a case not otherwise specified in this Schedule

$10

5

Signing and affixing a seal to a document in a case not otherwise specified in this Schedule

$10

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 specified in regulation 3

$15 and, in addition, $10 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

$15 and, in addition:

 

(a) if the consular act includes the typing of the document or a part of the document— $10 for each 50 typed words

 

(b) $1 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

$15 and, in addition:

 

(a) if the consular act includes the typing of the document or a part of the document— $10 for each page


SCHEDULE—continued

Column 1

Column 2

Column 3

Item

Consular act

Fee

 

 

(b) $5 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

$10

10

Initialling alterations to, or interlineations in, a document not prepared by a person specified in regulation 3

$2.50 for each 3 initiallings, or part of 3 initiallings

11

Taking evidence under a commission or order from a court

$25 for each hour, or part of an hour, spent in taking the evidence or $100, 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

$15

13

Transmitting through official channels a document or other article

$6 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

$20

15

Transferring funds through official accounts, other than for the purposes of the realisation of a deceased estate

$20

16

The performance of a consular act specified in a preceding item of this Schedule:

$5 and, in addition:

 

(a) if the act is performed away from diplomatic or consular premises:

 

(a) away from diplomatic or consular premises; or

 

(i) the cost of the travel of a person specified in regulation 3 from those premises to the place where he or she performs the act

 

(b) outside the hours when those premises are open to the public for business

 

 

(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


NOTE

1. Notified in the Commonwealth of Australia Gazette on 27 February 1990.

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