Consular Fees Regulations (Amendment) 1995 No. 37
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 37
Issued by the Authority of the Minister for Foreign Affairs
Consular Fees Act 1955
Consular Fees Regulations (Amendment)
Section 6 of the Consular Fees Act 1955 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. Section 3 of the Act provides that the regulations may impose fees to be collected on behalf of the Commonwealth for the performance of consular acts.
Regulation 3 of the Consular Fees Regulations provides that certain fees are payable in respect of consular acts as specified in the Schedule to the Consular Fees Regulations.
The purpose of these amendments to the Consular Fees Regulations was to give effect to a Government decision to impose a fee of $30 for the 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 (the Convention).
Following Australia's accession to the Convention in July 1994, the Convention is to enter into force between Australia and Contracting States to the Convention on 16 March 1995. Part 5 of the Foreign Evidence Act 1994 gives evidentiary effect in Australia to certificates issued under the Convention and ensures that Australian law conforms with the Convention. The Secretary of the Department of Foreign Affairs and Trade has been designated as the competent authority for the preparation and issue of Apostilles (on a fee for service basis).
The Schedule to the Consular Fees Regulations has been amended to include a fee of $30 for the preparation and issue of an Apostille.
Overview
The Consular Fees Regulations (Amendment) 1995 No. 37, issued under the authority of the Minister for Foreign Affairs, amends the Consular Fees Regulations made pursuant to the Consular Fees Act 1955. The primary objective of these amendments is to implement a government decision to charge a fee of $30 for the preparation and issuance of an Apostille, a certificate under Article 3 of the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. This amendment responds to Australia's accession to the Convention, which became effective between Australia and other Contracting States on 16 March 1995. The Foreign Evidence Act 1994 facilitates the use of such Convention-issued certificates in Australia, and the Secretary of the Department of Foreign Affairs and Trade has been designated as the authority responsible for issuing Apostilles on a fee-for-service basis. The Schedule to the Consular Fees Regulations has been updated accordingly to include this new $30 fee for Apostille services.
Scope and Application
The Consular Fees Regulations (Amendment) 1995 No. 37 applies to the implementation of consular acts as specified under the Consular Fees Act 1955, which empowers the Governor-General to make regulations for the collection of fees on behalf of the Commonwealth. This Act particularly focuses on the imposition of fees for the preparation and issuance of an Apostille, a certificate under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. This regulation applies to individuals and entities that require an Apostille for legal purposes, thereby facilitating the recognition of foreign public documents across contracting states. The amendments align with Australia’s adherence to the Hague Convention, which aims to streamline the process of validating foreign documents without the need for traditional legalisation. The jurisdictional reach of these regulations is national, encompassing all activities conducted within Australia that involve the issuance of Apostilles as per the provisions of the Convention. The application of these fees is effective from the date of the Convention's entry into force in Australia, which is 16 March 1995.
Key Provisions
The Consular Fees Regulations (Amendment) 1995 No. 37, issued under the authority of the Minister for Foreign Affairs, amends the Consular Fees Regulations to implement a new fee structure. Pursuant to Section 6 of the Consular Fees Act 1955, the Governor-General has the power to make regulations for the purposes of the Act, and Section 3 of the Act allows these regulations to include fees for consular acts. Regulation 3 of the amended Consular Fees Regulations now specifies that certain fees are payable for specified consular acts, as detailed in the Schedule to the Regulations. Notably, these amendments introduce a $30 fee for the preparation and issuance of an Apostille, which is a certificate under Article 3 of the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents.
The obligations imposed by these amendments are primarily administrative and financial in nature. The Secretary of the Department of Foreign Affairs and Trade, designated as the competent authority for issuing Apostilles, must now charge a fee of $30 for this service. This change reflects the government’s decision to formalise the process of issuing Apostilles, ensuring that the service is provided on a fee-for-service basis. The Schedule to the Consular Fees Regulations has been updated to include this new fee, thereby making it a mandatory charge for the specified consular act.
There are no explicit offences or penalties outlined in the Explanatory Statement for non-compliance with these regulations. However, the imposition of fees under the Consular Fees Act 1955 implies that failure to pay the prescribed fee for an Apostille might result in the denial of the service. The Consular Fees Act 1955 and related regulations would typically outline the administrative and financial repercussions of non-compliance, which could include fines or other civil penalties, though these specifics are not detailed in the provided statement. It is important for parties to adhere to the new fee structure as specified in the amended regulations to avoid any disruption in service.