constable means a member or special member of the Australian Federal Police or of the Police Force of a State or Territory. Officer of Customs has the same meaning as in the Customs Act 1901.
CRIMES (CURRENCY) ACT 1981
- SECT 29A
Excepted counterfeit coins not to be forfeited
A law of the Commonwealth or of a Territory (including such a law that is no longer in force) that makes or made provision for the forfeiture to the Commonwealth of counterfeit coins by reason that they are counterfeit coins does not apply, or shall be deemed not to have applied, as the case requires, in relation to excepted counterfeit coins made before the commencement of this section that:
- (a)
- have not been seized or condemned pursuant to that law before the commencement of this section; and
- (b)
- have not been used in connection with the commission of an offence against section 57 of the Crimes Act 1914 as in force any time before the commencement of this section.
CRIMES (CURRENCY) ACT 1981
- SECT 30
Regulations
The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
CRIMES (CURRENCY) ACT 1981
- SECT Sections 31-42
Note:
The amendments made by these sections are incorporated in SCALEplus.
Crimes Act 1914
Commonwealth Inscribed Stock Act 1911
Reserve Bank Act 1959
Treasury Bills Act 1914
For access to the wording of the amendments made by these sections, click here.
CRIMES (CURRENCY) ACT 1981
Schedule—International Convention for the Suppression of Counterfeiting Currency
Section 3
CONVENTION
(Here appears a list of the Heads of State on behalf of whom the Convention was signed)
Being desirous of making more and more effective the prevention and punishment
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of counterfeiting currency, have appointed as their Plenipotentiaries:
(Here follows a list of the Plenipotentiaries of the Heads of State on behalf of whom the Convention was signed)
who, having communicated their full powers, found in good and due form, have agreed on the following provisions:
PART I
Article 1
The High Contracting Parties recognise the rules laid down in Part I of this Convention as the most effective means in present circumstances for ensuring the prevention and punishment of the offence of counterfeiting currency.
Article 2
In the present Convention, the word "currency" is understood to mean paper money (including banknotes) and metallic money, the circulation of which is legally authorised.
Article 3
The following should be punishable as ordinary crimes:
(1) Any fraudulent making or altering of currency, whatever means are employed;
(2) The fraudulent uttering of counterfeit currency;
(3) The introduction into a country of or the receiving or obtaining counterfeit currency with a view to uttering the same and with knowledge that it is counterfeit;
(4) Attempts to commit, and any intentional participation in, the foregoing acts;
(5) The fraudulent making, receiving or obtaining of instruments or other articles peculiarly adapted for the counterfeiting or altering of currency.
Article 4
Each of the acts mentioned in Article 3, if they are committed in different countries, should be considered as a distinct offence.
Article 5
No distinction should be made in the scale of punishments for offences referred to in Article 3 between acts relating to domestic currency on the one hand and to foreign currency on the other; this provision may not be made subject to any condition of reciprocal treatment by law or by treaty.
Article 6
In countries where the principle of the international recognition of previous convictions is recognised, foreign convictions for the offences referred to in Article 3 should, within the conditions prescribed by domestic law, be recognised for the purpose of establishing habitual criminality.
Article 7
In so far as "civil parties" are admitted under the domestic law, foreign "civil parties", including, if necessary, the High Contracting Party whose money has been counterfeited, should be entitled to all rights allowed to inhabitants by the laws of the country in which the case is tried.
Article 8
In countries where the principle of the extradition of nationals is not recognised, nationals who have returned to the territory of their own country after the commission abroad of an offence referred to in Article 3 should be punishable in the same manner as if the offence had been committed in their own territory, even in a case where the offender has acquired his nationality after the commission of the offence.
This provision does not apply if, in a similar case, the extradition of a foreigner could not be granted.
Article 9
Foreigners who have committed abroad any offence referred to in Article 3, and who are in the territory of a country whose internal legislation recognises as a general rule the principle of the prosecution of offences committed abroad, should be punishable in the same way as if the offence had been committed in the territory of that country.
The obligation to take proceedings is subject to the condition that extradition has been requested and that the country to which application is made cannot hand over the person accused for some reason which has no connection with the offence.
Article 10
The offences referred to in Article 3 shall be deemed to be included as extradition crimes in any extradition treaty which has been or may hereafter be concluded between any of the High Contracting Parties.
The High Contracting Parties who do not make extradition conditional on the existence of a treaty or reciprocity, henceforward recognise the offences referred to in Article 3 as cases of extradition as between themselves.
Extradition shall be granted in conformity with the law of the country to which application is made.
Article 11
Counterfeit currency, as well as instruments or other articles referred to in Article 3(5), should be seized and confiscated. Such currency, instruments or other articles should, after confiscation, be handed over on request either to the Government or bank of issue whose currency is in question, with the exception of exhibits whose preservation as a matter of record is required by the law of the country where the prosecution took place, and any specimens
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whose transmission to the Central Office mentioned in Article 12 may be deemed advisable. In any event, all such articles should be rendered incapable of use.
Article 12
In every country, within the framework of its domestic law, investigations on the subject of counterfeiting should be organised by a central office.
This central office should be in close contact:
(a) With the institutions issuing currency;
(b) With the police authorities within the country;
(c) With the central offices of other countries.
It should centralise, in each country, all information of a nature to facilitate the investigation, prevention and punishment of counterfeiting currency.
Article 13
The central offices of the different countries should correspond directly with each other.
Article 14
Each central office should, so far as it considers expedient, forward to the central offices of the other countries a set of cancelled specimens of the actual currency of its own country.
It should, subject to the same limitation, regularly notify to the central offices in foreign countries, giving all necessary particulars:
(a) New currency issues made in its country;
(b) The withdrawal of currency from circulation, whether as out of date or otherwise.
Except in cases of purely local interest, each central office should, so far as it thinks expedient, notify to the central offices in foreign countries:
(1) Any discovery of counterfeit currency. Notification of the forgery of bank or currency notes shall be accompanied by a technical description of the forgeries, to be provided solely by the institution whose notes have been forged. A photographic reproduction or, if possible, a specimen forged note should be transmitted. In urgent cases, a notification and a brief description made by the police authorities may be discreetly communicated to the central offices interested, without prejudice to the notification and technical description mentioned above;
(2) Investigation and prosecutions in cases of counterfeiting, and arrests, convictions and expulsions of counterfeiters, and also, where possible, their movements, together with any details which may be of use, and in particular their descriptions, finger-prints and photographs;
(3) Details of discoveries of forgeries, stating whether it has been possible to seize all counterfeit currency put into circulation.
Article 15
In order to ensure, improve and develop direct international co-operation in the prevention and punishment of counterfeiting currency, the representatives of the central offices of the High Contracting Parties should from time to time hold conferences with the participation of representatives of the banks of issue and of the central authorities concerned. The organisation and supervision of a central international information office may form the subject of one of these conferences.
Article 16
The transmission of letters of request[1] relating to offences referred to in Article 3 should be effected:
(a) Preferably by direct communication between the judicial authorities, through the central offices where possible;
(b) By direct correspondence between the Ministers of Justice of the two countries, or by direct communication from the authority of the country making the request to the Minister of Justice of the country to which the request is made;
(c) Through the diplomatic or consular representative of the country making the request in the country to which the request is made; this representative shall send the letters of request direct to the competent judicial authority or to the authority appointed by the Government of the country to which the request is made, and shall receive direct from such authority the papers showing the execution of the letters of request.
In cases (a) and (c), a copy of the letters of request shall always be sent simultaneously to the superior authority of the country to which application is made.
Unless otherwise agreed, the letters of request shall be drawn up in the language of the authority making the request, provided always that the country to which the request is made may require a translation in its own language, certified correct by the authority making the request.
Each High Contracting Party shall notify to each of the other High Contracting Parties the method or methods of transmission mentioned above which it will recognise for the letters of request of the latter High Contracting Party.
Until such notification is made by a High Contracting Party, its existing procedure in regard to letters of request shall remain in force.
Execution of letters of request shall not be subject to payment of taxes or expenses of any nature whatever other than expenses of experts.
Nothing in the present article shall be construed as an undertaking on the part of the High Contracting Parties to adopt in criminal matters any form or
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methods of proof contrary to their laws.
Article 17
The participation of a High Contracting Party in the present Convention shall not be interpreted as affecting that Party's attitude on the general question of criminal jurisdiction as a question of international law.
Article 18
The present Convention does not affect the principle that the offences referred to in Article 3 should in each country, without ever being allowed impunity, be defined, prosecuted and punished in conformity with the general rules of its domestic law.
PART II
Article 19
The High Contracting Parties agree that any disputes which might arise between them relating to the interpretation or application of this Convention shall, if they cannot be settled by direct negotiation, be referred for decision to the Permanent Court of International Justice. In case any or all of the High Contracting Parties parties to such a dispute should not be Parties to the Protocol bearing the date of December 16th, 1920, relating to the Permanent Court of International Justice, the dispute shall be referred, at the choice of the parties and in accordance with the constitutional procedure of each party, either to the Permanent Court of International Justice or to a court of arbitration constituted in accordance with the Convention of October 18th, 1907, for the Pacific Settlement of International Disputes, or to some other court of arbitration.
Article 20
The present Convention, of which the French and English texts are both authentic, shall bear to-day's date. Until the 31st day of December 1929, it shall be open for signature on behalf of any Member of the League of Nations and on behalf of any non-member State which was represented at the Conference which elaborated the present Convention or to which a copy is communicated by the Council of the League of Nations.
It shall be ratified, and the instruments of ratification shall be transmitted to the Secretary-General of the League of Nations, who will notify their receipt to all the Members of the League and to the non-member States aforesaid.
Article 21
After the 1st day of January 1930, the present Convention shall be open to accession on behalf of any Member of the League of Nations and any of the non-member States referred to in Article 20 on whose behalf it has not been signed.
The instruments of accession shall be transmitted to the Secretary-General of the League of Nations, who will notify their receipt to all the Members of the League and to the non-member States referred to in Article 20.
Article 22
The countries which are ready to ratify the Convention under the second paragraph of Article 20 or to accede to the Convention under Article 21 but desire to be allowed to make any reservations with regard to the application of the Convention may inform the Secretary-General of the League of Nations to this effect, who shall forthwith communicate such reservations to the High Contracting Parties on whose behalf ratifications or accessions have been deposited and enquire whether they have any objection thereto. If within six months of the date of the communication of the Secretary-General no objections have been received, the participation in the Convention of the country making the reservation shall be deemed to have been accepted by the other High Contracting Parties subject to the said reservation.
Article 23
Ratification of or accession to the present Convention by any High Contracting Party implies that its legislation and its administrative organisation are in conformity with the rules contained in the Convention.
Article 24
In the absence of a contrary declaration by one of the High Contracting Parties at the time of signature, ratification or accession, the provisions of the present Convention shall not apply to colonies, overseas territories, protectorates or territories under suzerainty or mandate.
Nevertheless, the High Contracting Parties reserve the right to accede to the Convention, in accordance with the provisions of Articles 21 and 23, for their colonies, overseas territories, protectorates or territories under suzerainty or mandate. They also reserve the right to denounce it separately in accordance with the provisions of Article 27.
Article 25
The present Convention shall not come into force until five ratifications or accessions on behalf of Members of the League of Nations or non-member States have been deposited.The date of its coming into force shall be the ninetieth day after the receipt by the Secretary-General of the League of Nations of the fifth ratification or accession.
Article 26
After the coming into force of the Convention in accordance with Article 25, each subsequent ratification or accession shall take effect on the ninetieth day from the date of its receipt by the Secretary-General of the League of Nations.
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Article 27
The present Convention may be denounced on behalf of any Member of the League of Nations or non-member State by a notification in writing addressed to the Secretary-General of the League of Nations, who will inform all the Members of the League and the non-member States referred to in Article 20. Such denunciation shall take effect one year after the date of its receipt by the Secretary-General of the League of Nations, and shall operate only in respect of the High Contracting Party on whose behalf it was notified.
Article 28
The present Convention shall be registered by the Secretariat of the League of Nations on the date of its coming into force.
IN FAITH WHEREOF the above-mentioned Plenipotentiaries have signed the present Convention.
DONE at Geneva, the twentieth day of April one thousand nine hundred and twenty-nine, in a single copy, which will remain deposited in the archives of the Secretariat of the League of Nations, and of which certified copies will be transmitted to all the Members of the League and to the non-member States referred to in Article 20.
(Here follow the signatures of the Plenipotentiaries of the Heads of State on behalf of whom the Convention was signed.)
PROTOCOL
I. INTERPRETATIONS
At the moment of signing the Convention of this day's date, the undersigned Plenipotentiaries declare that they accept the interpretations of the various provisions of the Convention set out hereunder.
It is understood:
(1) That the falsification of a stamp on a note, when the effect of such a stamp is to make that note valid in a given country, shall be regarded as a falsification of the note.
(2) That the Convention does not affect the right of the High Contracting Parties freely to regulate, according to their domestic law, the principles on which a lighter sentence or no sentence may be imposed, the prerogative of pardon or mercy and the right to amnesty.
(3) That the rule contained in Article 4 of the Convention in no way modifies internal regulations establishing penalties in the event of concurrent offences. It does not prevent the same individual, who is both forger and utterer, from being prosecuted as forger only.
(4) That High Contracting Parties are required to execute letters of request only within the limits provided for by their domestic law.
II. RESERVATIONS
The High Contracting Parties who make the reservations set forth hereunder make their acceptance of the Convention conditional on the said reservations; their participation, subject to the said reservations, is accepted by the other High Contracting Parties.
(1) The Government of INDIA make a reservation to the effect that Article 9 does not apply to India, where the power to legislate is not sufficiently extensive to admit of the legislation contemplated by this article.
(2) Pending the negotiation for the abolition of consular jurisdiction which is still enjoyed by nationals of some Powers, the CHINESE Government is unable to accept Article 10, which involves the general undertaking of a Government to grant extradition of a foreigner who is accused of counterfeiting currency by a third State.
(3) As regards the provisions of Article 20, the delegation of the UNION OF SOVIET SOCIALIST REPUBLICS reserves for its Government the right to address, if it so desires, the instrument of its ratification to another signatory State in order that the latter may transmit a copy thereof to the Secretary-General of the League of Nations for notification to all the signatory or acceding States.
III. DECLARATIONS
SWITZERLAND
At the moment of signing the Convention, the representative of Switzerland made the following declaration:
"The Swiss Federal Council, being unable to assume any obligation as to the penal clauses of the Convention before the question of the introduction of a unified penal code in Switzerland is settled in the affirmative, draws attention to the fact that the ratification of the Convention cannot be accomplished in a fixed time.
"Nevertheless, the Federal Council is disposed to put into execution, to the extent of its authority, the administrative provisions of the Convention whenever these will come into force in accordance with Article 25."
UNION OF SOVIET SOCIALIST REPUBLICS
At the moment of signing the Convention, the representative of the Union of Soviet Socialist Republics made the following declaration:
"The delegation of the Union of Soviet Socialist Republics, while accepting the provisions of Article 19, declares that the Government of the Union does not propose to have recourse, in so far as it is concerned, to the jurisdiction of the Permanent Court of International Justice.
"As regards the provision in the same Article by which disputes which it has not been possible to settle by direct negotiations would be submitted to any other arbitral procedure than that of the Permanent Court of International
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Justice, the delegation of the Union of Soviet Socialist Republics expressly declares that acceptance of this provision must not be interpreted as modifying the point of view of the Government of the Union on the general question of arbitration as a means of settling disputes between States."
The present Protocol in so far as it creates obligations between the High Contracting Parties will have the same force, effect and duration as the Convention of to-day's date, of which it is to be considered as an integral part.
IN FAITH WHEREOF the undersigned have affixed their signatures to the present Protocol.
DONE at Geneva, this twentieth day of April, one thousand nine hundred and twenty-nine, in a single copy, which shall be deposited in the archives of the Secretariat of the League of Nations and of which authenticated copies shall be delivered to all Members of the League of Nations and non-member States represented at the Conference.
(Here follow the signatures of the Plenipotentiaries of the Heads of State on behalf of whom the Protocol was signed.) CRIMES (CURRENCY) ACT 1981
Notes to the Crimes (Currency) Act 1981
Note 1
The Crimes (Currency) Act 1981 as shown in this compilation comprises Act No. 122, 1981 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional provisions prior to 6 April 2001 is not included in this compilation. For subsequent information see Table A.
Table of Acts
Act
| Number
and year
| Date
of Assent
| Date of commencement
| Application, saving or transitional provisions
|
Crimes (Currency) Act 1981
| 122, 1981
| 17 Sept 1981
| Ss. 1-3: Royal Assent
Remainder: 16 Dec 1985 (see s. 2(2))
|
|
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985
| 193, 1985
| 16 Dec 1985
| S. 3: (a)
| S. 16
|
Civil Aviation Act 1988
| 63, 1988
| 15 June 1988
| Part III (ss. 17-32), s. 98, Part IX (s. 99) and Part X (ss. 100-103): 1 July 1988 (see Gazette 1988, No. S189)
Remainder: Royal Assent
| S. 100(1)-
(3)
|
Qantas Sale Act 1992
| 196, 1992
| 21 Dec 1992
| Schedule (Part 2): 10 Mar 1993 (see Gazette 1993,
No. GN17) (b)
| —
|
Commonwealth Bank Sale Act 1995
| 161, 1995
| 16 Dec 1995
| Schedule (item 50): (c)
| —
|
Financial Sector Reform (Consequential Amendments) Act 1998
| 48, 1998
| 29 June 1998
| Schedule 1 (items 37, 38): 1 July 1998 (see Gazette 1998, No. S316) (d)
| —
|
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001
| 24, 2001
| 6 Apr 2001
| S. 4(1), (2) and Schedule 13: (e)
| S. 4(1), (2) [see Table A]
|
(a)
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The Crimes (Currency) Act 1981 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, subsection 2(7) of which provides as follows: (7) The amendments of the Crimes (Currency) Act 1981 made by this Act (other than the amendment of section 2 of that Act) shall come into operation immediately after the amendment of section 2 of that Act made by this Act comes into operation.
The amendment of section 2 commenced on Royal Assent.
(b) The Crimes (Currency) Act 1981 was amended by the Schedule (Part 2) only of the Qantas Sale Act 1992, subsection 2(3)(a) of which provides as follows:
(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:
(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule—the day is not earlier than the substantial minority sale day; and
(c) The Crimes (Currency) Act 1981 was amended by the Schedule (item 50) only of the Commonwealth Bank Sale Act 1995, subsection 2(2) of which provides as follows:
(2) Part 3, and all the items of the Schedule (except items 1, 12, 16, 17, 21, 22, 23, 26, 27, 31, 37 and 48), commence at the transfer time.
The transfer time occurred on 19 July 1996.
(d) The Crimes (Currency) Act 1981 was amended by Schedule 1 (items 37 and 38) only of the Financial Sector Reform (Consequential Amendments) Act 1998, subsection 2(2) of which provides as follows:
(2) Subject to subsections (3) to (14), Schedules 1, 2 and 3 commence on the commencement of the Australian Prudential Regulation Authority Act 1998.
(e) The Crimes (Currency) Act 1981 was amended by Schedule 13 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
Item 15 commenced on 24 May 2001.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
|
Provision affected
| How affected
|
Ss. 2, 3
| am. No. 193, 1985
|
S. 5A
| ad. No. 24, 2001
|
Ss. 8, 9
| am. No. 193, 1985; No. 24, 2001
|
S. 11
| am. No. 24, 2001
|
Ss. 13-16
| am. No. 24, 2001
|
Ss. 21, 22
| am. No. 24, 2001
|
S. 23
| am. No. 63, 1988; No. 196, 1992
|
S. 28
| am. No. 193, 1985; No. 161, 1995; No. 48, 1998
|
S. 29
| am. No. 193, 1985; No. 24, 2001
|
S. 29A
| ad. No. 193, 1985
|
Table A
Application, saving or transitional provisions
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
4 Application of amendments
- (1)
- Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
- (2)
- For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
[1] This expression has the same meaning as "letters rogatory".