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CONSULAR FEES REGULATIONS (AMENDMENT) 1995 NO. 37EXPLANATORY 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.