Consular Fees Regulations (Cth)

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STATUTORY RULES.

1956. No. 38.

REGULATIONS UNDER THE CONSULAR FEES ACT 1955.*

I, THE GOVERNOR-GENERAL in and over 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 this  third

day of May , 1956.

W. J. Slim

Governor-General.

By His Excellency's Command,

Minister of State for External Affairs.

Consular Fees Regulations.

Citation.

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

Consular acts.

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

Fees.

3. The fee specified in the second column of the Schedule to these Regulations opposite to a consular act specified in the first column of that Schedule is imposed for the performance, whether in Australia or elsewhere, of that consular act 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 of External Affairs or an officer of that Department acting with the authority of the Secretary.

Acts performed for the governments of other countries.

4. A fee imposed under the last preceding regulation in respect of a consular act is not payable in a case where the consular act is performed at the request, and for the purposes, of the government of another country.

Payment in local currency.

5. Where a consular act in respect of which a fee is imposed under regulation 3 of these Regulations 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.

* Notified in the Commonwealth Gazette on , 1956.

414/56.—Price 3d. 9/13.3.1956.

THE SCHEDULE.

Regulations 2 and 3.

First Column.

Second Column.

Consular Acts.

Fees.

1. Administering an oath or receiving a declaration or affirmation, with or without attestation of signature

Fifteen shillings and, in addition, if the oath is sworn, or the declaration or affirmation is made, by more than one person, Seven shillings and sixpence for each person after the first so taking the oath or so making the declaration or affirmation

2. Marking an exhibit to an affidavit or declaration in writing

Two shillings and sixpence

3. Attesting—

One pound

(a) the signature;

(b) the seal; or

(c) the signature and seal, of an authority or person, other than a person specified in paragraph (a) or (b) of regulation 3 of these Regulations

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

Ten shillings

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

One pound

6. Drawing 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 paragraph (a) or (b) of regulation 3 of these Regulations

Fifteen shillings and, in addition, Ten shillings for each fifty words, or part of fifty words, by which the document exceeds fifty words

7. Making and certifying a copy of a document or part of a document

One pound five shillings and, in addition, Ten shillings for each one hundred words, or part of one hundred words, by which the copy exceeds one hundred words

8. Verifying and certifying a copy of a document or part of a document

One pound and, in addition, Five shillings for each one hundred words, or part of one hundred words, by which the copy exceeds one hundred words

9. Uniting documents and affixing a seal to the fastening

Ten shillings

10. Initialling alterations to, or interlineations in, a document not prepared by a person specified in paragraph (a) or (b) of regulation 3 of these Regulations

Two shillings and sixpence for each three initiallings, or part of three initiallings

11. Taking evidence under a commission or order from a court

Two pounds for each hour, or part of an hour, spent in taking the evidence or Ten pounds, 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

Two pounds five shillings and, in addition, if more than one visit is made for the purpose of serving the document, One pound for each visit after the first

13. Transmitting through official channels a document or other article in a case to which item 14 of this Schedule does not apply

The amount of the postal charges which would be payable if the document or article were transmitted by post

The Schedule—continued.

First Column.

Second Column.

Consular Acts.

Fees.

14. Transmitting from Australia through official channels a document to which a Convention regarding Legal Proceedings in Civil and Commercial Matters, being a convention to which Australia is a party, applies

One pound and, in addition, the amount of the postal charges which would be payable if the document were transmitted by post

15. Attesting the execution of a will ..

One pound

16. Administering the whole of the estate of a deceased person

Two pounds ten shillings per centum of the gross value of the estate or Two pounds, whichever is the greater

17. Administering part only of the estate of a deceased person

One pound ten shillings per centum of the gross value of the part of the estate administered or Two pounds, whichever is the greater

18. Intervening to protect the interest of an Australian citizen in the estate of a deceased person

One pound per centum of the gross value of the interest of the Australian citizen or Two pounds, whichever is the greater

19. Taking interim measures to conserve assets—

Ten shillings per centum of the gross value of the assets or Two pounds, whichever is the greater

(a) of the estate of a deceased Australian citizen; or

(b) of an estate in which an Australian citizen has an interest

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

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