Consular Fees Act 1955
No. 5, 1955
Compilation No. 7
Compilation date: 1 May 2016
Includes amendments up to: Act No. 31, 2016
Registered: 6 June 2016
About this compilation
This compilation
This is a compilation of the Consular Fees Act 1955 that shows the text of the law as amended and in force on 1 May 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Interpretation
3 Fees may be prescribed for consular acts
4 List of fees to be displayed
5 Saving of fees under other Acts
6 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
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
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…
Overview
The Consular Fees Act 1955, enacted by the Parliament of Australia, was introduced to establish a framework for the imposition of fees for consular acts performed by Australian diplomatic and consular officers, as well as certain other officers and employees of the Commonwealth. This Act addresses the need for a formalised structure for charging fees for consular services rendered outside Australia, ensuring that such fees are collected on behalf of the Commonwealth and are transparent to the public. The objective of the Act is to provide clear guidelines for the types of acts that can be charged for and the manner in which fees should be displayed and collected. It also ensures that fees charged under this Act do not overlap with fees chargeable under other legislation. The Act allows the Governor-General to make regulations that specify the fees and circumstances under which they apply, thereby providing flexibility in the administration of consular fees.
Scope and Application
The Consular Fees Act 1955 governs the imposition of fees for consular acts performed by Australian diplomatic and consular officers and certain other officers and employees of the Commonwealth. The Act applies to Australian diplomatic officers, Australian consular officers, the Secretary of the Department or an officer of the Department acting with the authority of the Secretary, employees of the Commonwealth authorised by the Secretary of the Department, and employees of the Australian Trade and Investment Commission authorised by the Secretary of the Department. The Act allows for the regulation of fees for consular acts performed by these individuals, whether in Australia or elsewhere. It mandates that a list of consular acts for which fees are chargeable, along with their respective fees, must be displayed in the offices of Australian diplomatic officers and Australian consular officers. The Act also provides that fees under this Act are not chargeable for acts that are subject to fees under other Acts. The scope of the Act is extended through regulations made by the Governor-General, which may prescribe fees and other matters necessary for the implementation of the Act. The Act applies nationally, covering all consular acts performed by the specified officers and employees within and outside Australia. The Act does not specify any exclusions, exemptions, or thresholds within the text, though these may be detailed in the subordinate regulations.
Key Provisions
- The Consular Fees Act 1955 (Cth) governs the imposition of fees for consular acts performed by Australian Diplomatic and Consular Officers and certain other officers and employees of the Commonwealth. Section 3 allows the regulations to specify the fees for consular acts, which are defined as acts specified in the regulations under this Act. These fees are collected on behalf of the Commonwealth and can be imposed for acts performed by Australian Diplomatic Officers, Australian Consular Officers, the Secretary of the Department, officers of the Department, or employees of the Australian Trade and Investment Commission, as authorised by the Secretary of the Department. Section 4 requires Australian Diplomatic Officers or Australian Consular Officers who perform consular acts to display a list of the consular acts for which fees are chargeable under this Act, along with the respective fees, in their office where it can be readily inspected by persons seeking consular services. Section 5 provides that fees under this Act are not chargeable in respect of an act for which a fee is chargeable under another Act.
- The Act imposes certain obligations on Australian Diplomatic Officers, Australian Consular Officers, and other specified officers and employees. They are required to collect fees for consular acts as specified in the regulations, and display the list of fees in their office. Furthermore, fees under this Act are not to be charged if a fee is already chargeable under another Act. The Act also mandates that the Governor-General may make regulations prescribing all matters required or permitted by this Act, including the fees and cases in which the fees are not payable.
- Breaches of the Consular Fees Act 1955 (Cth) may result in civil or criminal consequences, depending on the nature and severity of the breach. The Act does not explicitly state the penalties for breaches; however, penalties may be determined by the courts based on the specific circumstances of the case and any relevant legislation. It is advisable to consult the applicable laws and legal precedents to determine the potential penalties for non-compliance with the Act.
- Area of Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Fees
- Regulations
- Enforcement Powers