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Crimes (Currency) Act 1981

  • - C2004C03114
  • In force - Superseded Version
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Act No. 122 of 1981 as amended, taking into account amendments up to Act No. 63 of 1988
Registered 24 Nov 2009
Start Date 01 Jul 1988
End Date 09 Mar 1993

CRIMES (CURRENCY) ACT 1981
- Reprinted as at 30 June 1990 (HISTACT CHAP 911 #DATE 30:06:1990)

*1* The Crimes (Currency) Act 1981 as shown in this reprint comprises Act No. 122, 1981 amended as indicated in the Tables below.
Table of Acts
Act
Number Date Date Application,
and year of Assent of commencement saving or
transitional
provisions
Crimes (Currency) Act 1981
122, 1981 17 Sept Ss. 1-3: Royal Assent
1981 Remainder: 16 Dec 1985 (see
s. 2 (2))
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985
193, 1985 16 Dec 1985 S. 3: 16 Dec 1985 (a) S. 16
Civil Aviation Act 1988
63, 1988 15 June Part III (ss. 17-32), s. S. 100 (1)-(3)
1988 98, Parts IX and X (ss. 99-103):
1 July 1988 (see Gazette
1988, No. S189)
Remainder: Royal Assent
______________________________________________________________________________ __ (a) The Crimes (Currency) Act 1981
was amended by section 3 only of the Statute Law Revision 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.'
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ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted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
Ss. 8, 9
am. No. 193, 1985
S. 23
am. No. 63, 1988
Ss. 28, 29
am. No. 193, 1985
S. 29A
ad. No. 193, 1985

CRIMES (CURRENCY) ACT 1981 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Section

PART I-PRELIMINARY

1. Short title

2. Commencement

3. Interpretation

4. Extension of Act to Territories

5. Extra-territorial operation of Act

PART II-OFFENCES

6. Making counterfeit money or counterfeit securities

7. Uttering counterfeit money or counterfeit securities

8. Buying or selling non-excepted counterfeit money or counterfeit
securities

9. Possessing counterfeit money or counterfeit securities

10. Import and export of counterfeit money or counterfeit

11. Instruments and material used for counterfeiting

12. Persons shall not import or export instruments for

13. Conveying instruments or materials from premises

14. Information with respect to counterfeit money or counterfeit

15. Possessing filings, clippings etc.

16. Defacing or destroying current coins or current paper money

17. Selling defaced coins or paper money

18. Possessing defaced coins or paper money

19. Persons not to design, make, print or distribute material of certain
kinds

20. Import and export of certain material forbidden

21. Machines etc. operated by coins or paper money

PART III-MISCELLANEOUS

22. Interpretation

23. Liability to prosecution

24. Prosecution of offences against Act

25. Jurisdiction of courts

26. Section 38 of Judiciary Act

27. Evidence of examiners of counterfeit foreign money or counterfeit
foreign securities

28. Counterfeit money to be rendered incapable of use

29. Forfeiture and seizure

29A. Excepted counterfeit coins not to be forfeited

30. Regulations

SCHEDULE INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF
COUNTERFEITING CURRENCY

CRIMES (CURRENCY) ACT 1981 - LONG TITLE

SECT

An Act to make provision with respect to offences connected with the
counterfeiting of money or of certain kinds of securities and other activities
injurious to Australian currency, and for related purposes

CRIMES (CURRENCY) ACT 1981 - PART I
PART I-PRELIMINARY

CRIMES (CURRENCY) ACT 1981 - SECT 1
Short title

SECT

1. This Act may be cited as the Crimes (Currency) Act 1981.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

CRIMES (CURRENCY) ACT 1981 - SECT 2
Commencement

SECT

2.*1* (1) Sections 1, 2 and 3 shall come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on the day on which the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985 receives the Royal Assent. SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

CRIMES (CURRENCY) ACT 1981 - SECT 3
Interpretation

SECT

3.(1) In this Act, unless the contrary intention appears:
'Australia' includes the external Territories;
'Australian money' means a coin or paper money that is, by virtue of a law in force in Australia, lawfully current in Australia;
'authorized person' means the Treasurer or a person authorized, in writing, by the Treasurer for the purposes of the provision in which the expression occurs;
'Convention' means the International Convention for the Suppression of Counterfeiting Currency that was opened for signature at Geneva on 20 April 1929 and the protocol to that Convention, being the convention and protocol a copy of the English text of each of which is set out in the Schedule;
'counterfeit money' means:
(a) any article, not being a genuine coin or genuine paper money, that
resembles, or is apparently intended to resemble, or pass for, a genuine coin or genuine paper money; or
(b) any article, being a genuine coin or genuine paper money, that has been
altered in a material respect and in such a manner as to conceal, or to be apparently intended to conceal, the alteration;
and includes any such article whether it is or is not in a fit state to be uttered and whether the process of manufacture or alteration is or is not complete;
'counterfeit prescribed security' means:
(a) any article, not being a prescribed security, that resembles, or is
apparently intended to resemble, or pass for, a prescribed security; or
(b) any article, being a prescribed security, that has been altered in a
material respect and in such a manner as to conceal, or to be apparently intended to conceal, the alteration;
and includes any such article whether it is or is not in a fit state to be uttered and whether the process of manufacture or alteration is or is not complete;
'excepted counterfeit coin'means: (a) any article, not being a genuine coin, that resembles, or is apparently intended to resemble, or pass for, an excepted coin; or
(b) any article, being an excepted coin, that has been altered in a material
respect and in such manner as to conceal, or to be apparently intended to conceal, the alteration;
and includes any such article whether or not it is in a fit state to be uttered and whether the process of manufacture or alteration is or is not complete;
'excepted coin' means:
(a) a coin that was a current coin in Australia at any time before 14
February 1966; or
(b) a coin, other than a coin referred to in paragraph (a), that has been a
current coin in a country other than Australia (whether or not the country concerned is still in existence) but is no longer a current coin in any country;
'non-excepted counterfeit money' means counterfeit money other than an excepted counterfeit coin;
'paper money' means money comprising a note written, printed or otherwise made on paper or any other material;
'possession' includes custody;
'prescribed security' means any bond, debenture, stock, stock certificate, treasury bill or other like security, or any coupon, warrant or other document for the payment of money in respect of such a security, issued by the Commonwealth of Australia, by an authority of the Commonwealth of Australia or by, or with the authority of, the government of a country other than Australia.
(2) For the purposes of this Act, a coin or paper money shall be taken to be a current coin, or current paper money if it is lawfully current in Australia or in a country other than Australia by virtue of a law in force in Australia or in that country, as the case may be.
(3) For the purposes of this Act, a coin or paper money shall be taken to be a genuine coin or genuine paper money if it is, or has been, a current coin or current paper money in any country (whether or not the country concerned is still in existence).
(4) Without limiting the meaning of the expression 'deface', a coin or paper money shall be taken to have been defaced for the purposes of this Act if some or all of its surfaces are coated with any material.
(5) For the purposes of this Act, a reference in section 17 or 18 to the defacement, disfigurement or mutilation of a coin or paper money that is lawfully current in Australia shall be taken not to include a reference to the defacement, disfigurement or mutilation of a coin or paper money that is lawfully so current, being a defacement, disfigurement or mutilation that was authorized by the Commonwealth of Australia.
(6) Without limiting the meaning of 'country', a reference to a country shall, for the purposes of this Act, be read as including a reference to a place that is a territory, dependency or colony (however so described) of another country.
(7) Where a person, with intent to defraud, splits, cuts, tears or otherwise tampers with the paper or other material on which genuine paper money or a prescribed security is printed, written or made, in such a manner as to sever from the paper money or prescribed security any material part thereof:
(a) he shall be deemed, for all purposes of this Act, to have made
counterfeit money or a counterfeit prescribed security, as the case requires; and
(b) the paper or other material from which a part has been severed and the
part severed therefrom shall each be deemed, for all purposes of this Act, to be counterfeit money or a counterfeit prescribed security, as the case requires.
(8) For the purposes of this Act, the references in sections 6, 9 and 11 to counterfeit money shall be construed as including references to such articles as would be counterfeit money if each reference in the definition of 'counterfeit money' in subsection (1) of this section to a genuine coin or genuine paper money included a reference to a coin or paper money that was made at a place where the production of genuine coins or genuine paper money is or was carried on but was not itself a genuine coin or genuine paper money:
(a) because it was made purely for experimental or design purposes and not
for issue as a current coin or current paper money; or
(b) because, although it was made for issue as a current coin or as current
paper money, it has not been so issued.

CRIMES (CURRENCY) ACT 1981 - SECT 4
Extension of Act to Territories

SECT

4. This Act extends to every external Territory.

CRIMES (CURRENCY) ACT 1981 - SECT 5
Extra-territorial operation of Act

SECT

5. This Act extends, except so far as the contrary intention appears:
(a) to acts, matters and things outside Australia, whether or not in a
foreign country; and
(b) to all persons, irrespective of their nationality or citizenship.

CRIMES (CURRENCY) ACT 1981 - PART II
PART II-OFFENCES

CRIMES (CURRENCY) ACT 1981 - SECT 6
Making counterfeit money or counterfeit securities

SECT

6. A person shall not make, or begin to make, counterfeit money or a counterfeit prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate-imprisonment for 14
years; or
(b) in the case of a person, being a body corporate-$75,000.

CRIMES (CURRENCY) ACT 1981 - SECT 7
Uttering counterfeit money or counterfeit securities

SECT

7. A person shall not:
(a) utter counterfeit money, knowing it to be counterfeit money; or
(b) utter a counterfeit prescribed security, knowing it to be a counterfeit
prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate-imprisonment for 12
years; or
(b) in the case of a person, being a body corporate-$60,000.

CRIMES (CURRENCY) ACT 1981 - SECT 8
Buying or selling non-excepted counterfeit money or counterfeit securities

SECT

8.(1) A person shall not, without reasonable excuse, buy, sell, receive or dispose of, or offer to buy, sell, procure or dispose of, non-excepted counterfeit money or a counterfeit prescribed security.
(2) A person shall not, with intent to defraud:
(a) buy, sell, receive or dispose of; or
(b) offer to buy, sell, procure or dispose of;
an excepted counterfeit coin.
Penalty:
(a) in the case of a person, not being a body corporate-imprisonment for 12
years; or
(b) in the case of a person, being a body corporate-$60,000.

CRIMES (CURRENCY) ACT 1981 - SECT 9
Possessing counterfeit money or counterfeit securities

SECT

9.(1) A person shall not, without lawful authority or reasonable excuse:
(a) have in his possession counterfeit money (not being an excepted
counterfeit coin), knowing it to be counterfeit money; or
(b) have in his possession a counterfeit prescribed security, knowing it to
be a counterfeit prescribed security.
(2) It is a defence to a prosecution of a person for an offence against subsection (1) in relation to the possession of counterfeit money or a counterfeit prescribed security if the person charged establishes to the satisfaction of the court:
(a) that he did not make the counterfeit money or counterfeit prescribed
security; and
(b) that he did not, after the time when he first learned that the
counterfeit money or counterfeit prescribed security was counterfeit money or a counterfeit prescribed security or the time when he acquired the counterfeit money or counterfeit prescribed security, whichever was the later time, have a reasonable opportunity to surrender it to a member of the Australian Federal Police or of the police force of a State or Territory or to any other person prescribed for the purposes of this section.
(3) A person shall not, with intent to defraud, have in the possession of the person an excepted counterfeit coin, knowing it to be counterfeit money.
Penalty:
(a) in the case of a person, not being a body corporate-imprisonment for 10
years; or
(b) in the case of a person, being a body corporate-$50,000.

CRIMES (CURRENCY) ACT 1981 - SECT 10
Import and export of counterfeit money or counterfeit securities

SECT

10. A person shall not:
(a) import into Australia or export from Australia counterfeit money,
knowing it to be counterfeit money; or
(b) import into Australia or export from Australia a counterfeit prescribed
security, knowing it to be a counterfeit prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate-imprisonment for 12
years; or
(b) in the case of a person, being a body corporate-$60,000.

CRIMES (CURRENCY) ACT 1981 - SECT 11
Instruments and material used for counterfeiting

SECT

11.(1) A person shall not, without reasonable excuse:
(a) make or mend, or begin or prepare to make or mend;
(b) buy, sell, receive or dispose of, or offer to buy, sell, procure or
dispose of; or
(c) have in his possession;
a machine, engine, tool, plate, die or other instrument that, to his knowledge, has been used, has been adapted for use, or is intended for use, in, or in connection with, the making of counterfeit money or counterfeit prescribed securities.
(2) A person shall not, without reasonable excuse:
(a) buy, sell, receive or dispose of, or offer to buy, sell, procure or
dispose of; or
(b) have in his possession;
bullion, paper, metal, ink, dye or other material that, to his knowledge, has been used, or is intended for use, in, or in connection with, the making of counterfeit money or counterfeit prescribed securities.
Penalty:
(a) in the case of a person, not being a body corporate-imprisonment for 10
years; or
(b) in the case of a person, being a body corporate-$50,000.

CRIMES (CURRENCY) ACT 1981 - SECT 12
Persons shall not import or export instruments for counterfeiting etc.

SECT

12. A person shall not import into Australia or export from Australia:
(a) a machine, engine, tool, plate, die or other instrument that, to his
knowledge, has been used, has been adapted for use, or is intended for use, in, or in connection with, the making of counterfeit money or counterfeit prescribed securities; or
(b) bullion, paper, metal, ink, dye or other material that, to his
knowledge, has been used, or is intended for use, in, or in connection with, the making of counterfeit money or counterfeit prescribed securities.
Penalty:
(a) in the case of a person, not being a body corporate-imprisonment for 10
years; or
(b) in the case of a person, being a body corporate-$50,000.

CRIMES (CURRENCY) ACT 1981 - SECT 13
Conveying instruments or materials from premises

SECT

13. A person shall not, without lawful authority or reasonable excuse, knowingly convey out of any premises at which the production of genuine coins, genuine paper money or prescribed securities is or was carried on:
(a) any machine, engine, tool, plate, die or other instrument used, or
capable of use, in, or in connection with, the manufacture of genuine coins, genuine paper money or prescribed securities or any part of any such instrument;
(b) any bullion, paper, metal, ink, dye or other material used, or capable
of use, in, or in connection with, the manufacture of genuine coins, genuine paper money or prescribed securities;
(c) any designs or drawings relating to the making of coins or paper money
for issue as current coins or current paper money or for experimental or design purposes in connection with the issue of current coins or current paper money;
(d) any designs or drawings relating to the making of articles for issue as
prescribed securities or for experimental or design purposes in connection with the issue of prescribed securities;
(e) any coin or paper money that has been made for the purpose of issue as a
current coin or current paper money but has not been so issued;
(f) any coin or paper money that has been made for experimental or design
purposes in connection with the issue of a current coin or current paper money; or
(g) any article:
(i) that has been made for the purpose of issue as a prescribed
security but has not been so issued; or
(ii) that has been made for experimental or design purposes in
connection with the issue of a prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate-imprisonment for 10
years; or
(b) in the case of a person, being a body corporate-$50,000.

CRIMES (CURRENCY) ACT 1981 - SECT 14
Information with respect to counterfeit money or counterfeit securities

SECT

14. A person shall not, without reasonable excuse, give, or offer to give, information with respect to the manner in which or the means by which counterfeit money or counterfeit prescribed securities may be made, bought, sold, procured or disposed of.
Penalty:
(a) in the case of a person, not being a body corporate-$10,000 or
imprisonment for 5 years, or both; or
(b) in the case of a person, being a body corporate-$20,000.

CRIMES (CURRENCY) ACT 1981 - SECT 15
Possessing filings, clippings etc.

SECT

15. A person shall not, without reasonable excuse, have in his possession any material that, to his knowledge, was obtained by dealing with genuine coin in such a manner as to diminish its weight, whether that material consists of filings, clippings, dust, bullion or diminished coin, is in solution or is in any other form.
Penalty:
(a) in the case of a person, not being a body corporate-$10,000 or
imprisonment for 5 years, or both; or
(b) in the case of a person, being a body corporate-$20,000.

CRIMES (CURRENCY) ACT 1981 - SECT 16
Defacing or destroying current coins or current paper money

SECT

16. A person shall not, without the consent, in writing, of an authorized person, wilfully deface, disfigure, mutilate or destroy any coin or paper money that is lawfully current in Australia.
Penalty:
(a) in the case of a person, not being a body corporate-$5,000 or
imprisonment for 2 years, or both; or
(b) in the case of a person, being a body corporate-$10,000.

CRIMES (CURRENCY) ACT 1981 - SECT 17
Selling defaced coins or paper money

SECT

17. A person shall not sell or offer to sell a coin or paper money that is lawfully current in Australia and that has been defaced, disfigured or mutilated, knowing it to have been defaced, disfigured or mutilated.
Penalty:
(a) in the case of a person, not being a body corporate-$5,000 or
imprisonment for 2 years, or both; or
(b) in the case of a person, being a body corporate-$10,000.

CRIMES (CURRENCY) ACT 1981 - SECT 18
Possessing defaced coins or paper money

SECT

18. A person shall not have in his possession for sale a coin or paper money that is lawfully current in Australia and that has been defaced, disfigured or mutilated, knowing it to have been defaced, disfigured or mutilated.
Penalty:
(a) in the case of a person, not being a body corporate-$5,000 or
imprisonment for 2 years, or both; or
(b) in the case of a person, being a body corporate-$10,000.

CRIMES (CURRENCY) ACT 1981 - SECT 19
Persons not to design, make, print or distribute material of certain kinds

SECT

19.(1) A person shall not, without the consent, in writing, of an authorized person, design, make, print or distribute:
(a) a business or professional card, notice, placard, circular, hand-bill,
poster or other material that so resembles current paper money or an Australian prescribed security as to be capable of misleading a person into believing it is that current paper money or that Australian prescribed security; or
(b) a newspaper, journal, magazine, notice, placard, circular, hand-bill,
poster, business or professional card or other material that includes a representation of current paper money or an Australian prescribed security that is, when detached from the newspaper, journal, magazine, notice, placard, circular, hand-bill, poster, business or professional card or other material in which it is included, capable of misleading a person into believing that it is that current paper money or that Australian prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate-$5,000 or
imprisonment for 2 years, or both; or
(b) in the case of a person, being a body corporate-$10,000.
(2) Where an authorized person gives a consent for the purposes of subsection (1), he may give that consent either unconditionally or subject to such conditions as he thinks appropriate.
(3) In this section, 'Australian prescribed security' does not include a prescribed security, being a bond, debenture, stock, stock certificate, treasury bill or other like security, or a coupon, warrant or document for the payment of money in respect of such a security, issued by, or with the authority of, the government of a country other than Australia.

CRIMES (CURRENCY) ACT 1981 - SECT 20
Import and export of certain material forbidden

SECT

20. A person shall not, without the consent, in writing, of an authorized person, import into Australia or export from Australia:
(a) any business or professional card, notice, placard, circular, hand-bill,
poster or other material of the kind referred to in paragraph 19 (1) (a); or
(b) any newspaper, journal, magazine, notice, placard, circular, hand-bill,
poster, business or professional card or other material of the kind referred to in paragraph 19 (1) (b).
Penalty:
(a) in the case of a person, not being a body corporate-$5,000 or
imprisonment for 2 years, or both; or
(b) in the case of a person, being a body corporate-$10,000.

CRIMES (CURRENCY) ACT 1981 - SECT 21
Machines etc. operated by coins or paper money

SECT

21.(1) A person shall not, without reasonable excuse, make or sell an article with intent that the article be used (whether by himself or by another person), in substitution for a current coin or current paper money, for the purpose of operating a machine that is designed to receive current coins or current paper money.
Penalty:
(a) in the case of a person, not being a body corporate-$2,000 or
imprisonment for 6 months, or both; or
(b) in the case of a person, being a body corporate-$5,000.
(2) A person shall not import into Australia or export from Australia an article that, to his knowledge, has been made for use in substitution for a current coin or current paper money, for the purpose of operating a machine that is designed to receive current coins or current paper money.
Penalty:
(a) in the case of a person, not being a body corporate-$2,000 or
imprisonment for 6 months, or both; or
(b) in the case of a person, being a body corporate-$5,000.
(3) A person shall not, without reasonable excuse, have in his possession an article with intent that the article be used (whether by himself or by another person), in substitution for a current coin or current paper money, for the purpose of operating a machine that is designed to receive current coins or current paper money.
Penalty:
(a) in the case of a person, not being a body corporate-$2,000; or
(b) in the case of a person, being a body corporate-$5,000.
(4) A person shall not use an article, in substitution for a current coin or current paper money, for the purpose of operating a machine that is designed to receive current coins or current paper money.
Penalty for an offence against this subsection:
(a) in the case of a person, not being a body corporate-$2,000; or
(b) in the case of a person, being a body corporate-$5,000.

CRIMES (CURRENCY) ACT 1981 - PART III
PART III-MISCELLANEOUS

CRIMES (CURRENCY) ACT 1981 - SECT 22
Interpretation

SECT

22. In this Part, a reference to an offence against a provision of this Act shall be taken to include a reference to an offence, in relation to an offence created by a provision of this Act, against section 6, 7 or 7A of the Crimes Act 1914.

CRIMES (CURRENCY) ACT 1981 - SECT 23
Liability to prosecution

SECT

23.(1) A person is not liable to be charged with an offence against a provision of this Act unless:
(a) the offence is committed in Australia or on an Australian ship or
Australian aircraft; or
(b) the offence, not being an offence referred to in paragraph (a), relates
to Australian money.
(2) For the purpose of subsection (1):
'Australian aircraft' means:
(a) an aircraft registered or required to be registered in accordance with
the Civil Aviation Regulations as an Australian aircraft;
(b) an aircraft that is owned by, or is in the possession or control of, the
Commonwealth or an authority of the Commonwealth (including Qantas Airways Limited); or
(c) an aircraft of any part of the Defence Force, including an aircraft that
is being commanded or piloted by a member of that Force in the course of his duties as such a member;
'Australian ship' means:
(a) a ship registered in Australia or an external Territory under an Act or
Imperial Act relating to the registration of ships that is applicable throughout the whole of Australia and the external Territories, not being an Act or Imperial Act relating to the registration of ships for a particular purpose or purposes only;
(b) any other ship (not being a ship registered in a foreign country) the
operations of which are based in a place or places in Australia or an external Territory or which is wholly owned by a person who, or persons each of whom, is a natural person resident in, or a company incorporated in, Australia or an external Territory; or
(c) a ship that belongs to an arm of the Defence Force.

CRIMES (CURRENCY) ACT 1981 - SECT 24
Prosecution of offences against Act

SECT

24.(1) Subject to subsection (2), an offence against this Act (other than an offence against subsection 21 (1), (2), (3) or (4)) is an indictable offence.
(2) Notwithstanding that an offence against this Act (other than an offence against subsection 21 (1), (2), (3) or (4)) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
(3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence against this Act, the penalty that the court may impose is:
(a) in the case of a person, not being a body corporate-a fine not exceeding
$2,000 or imprisonment for a period not exceeding 1 year, or both; or
(b) in the case of a person, being a body corporate-a fine not exceeding
$5,000.

CRIMES (CURRENCY) ACT 1981 - SECT 25
Jurisdiction of courts

SECT

25. A provision of the Judiciary Act 1903 by which a court of a State is invested with jurisdiction with respect to offences against the laws of the Commonwealth has effect, in relation to offences against this Act, as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.

CRIMES (CURRENCY) ACT 1981 - SECT 26
Section 38 of Judiciary Act

SECT

26. A matter arising under this Act, including a question of interpretation of the Convention for the purposes of this Act, shall, for the purposes of section 38 of the Judiciary Act 1903, be deemed not to be a matter arising directly under a treaty.

CRIMES (CURRENCY) ACT 1981 - SECT 27
Evidence of examiners of counterfeit foreign money or counterfeit foreign
securities

SECT

27.(1) The Treasurer may, by instrument in writing, appoint appropriately qualified persons to be examiners of counterfeit foreign coin for the purposes of this Act.
(2) The Treasurer may, by instrument in writing, appoint appropriately qualified persons to be examiners of counterfeit foreign paper money for the purposes of this Act.
(3) The Treasurer may, by instrument in writing, appoint appropriately qualified persons to be examiners of counterfeit foreign prescribed securities for the purposes of this Act.
(4) Subject to subsection (6), a certificate of:
(a) an examiner of counterfeit foreign coin appointed under subsection (1);
(b) an examiner of counterfeit foreign paper money appointed under
subsection (2); or
(c) an examiner of counterfeit foreign prescribed securities
appointed under subsection (3);
stating that he has examined an article described in the certificate and stating the result of his examination is admissible in evidence in a proceeding for an offence against a provision of this Act and is prima facie evidence of the facts or matters stated in the certificate and of the correctness of the result of the examination.
(5) For the purpose of this section, a document purporting to be a certificate referred to in subsection (4) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.
(6) A certificate shall not be received in evidence in pursuance of subsection (4) in a proceeding for an offence unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceeding.
(7) Where, in pursuance of subsection (4), a certificate of an examiner of counterfeit foreign coin, an examiner of counterfeit foreign paper money or an examiner of counterfeit foreign prescribed securities is admitted in evidence in a proceeding for an offence, the person charged with the offence may require the examiner to be called as a witness for the prosecution and the examiner may be cross-examined as if he had given evidence of the matters stated in the certificate.
(8) In this section:
'counterfeit foreign coin' means counterfeit foreign money consisting of coin;
'counterfeit foreign paper money' means counterfeit foreign money consisting of paper money.
(9) A reference in subsection (8) to counterfeit foreign money shall be read as a reference to an article that would be counterfeit money if the reference in subsection 3 (3) to any country were to be read as a reference to a country other than Australia.
(10) A reference in this section to counterfeit foreign prescribed securities shall be read as a reference to articles that would be counterfeit prescribed securities if the references in the definition of ' prescribed security' in subsection 3 (1) to the Commonwealth of Australia and the reference in that definition to an authority of the Commonwealth of Australia were disregarded.

CRIMES (CURRENCY) ACT 1981 - SECT 28
Counterfeit money to be rendered incapable of use

SECT

28.(1) Where a person charged with the receipt or disbursement of public moneys or an officer of a bank (including an officer of the Reserve Bank Service or of the Commonwealth Banking Corporation Service) is presented with non-excepted counterfeit money at his place of business, he shall:
(a) to the extent that the counterfeit money consists of paper money-stamp
or write in plain letters the word 'counterfeit' upon each face of each item of that paper money that is so presented to him; and
(b) to the extent that the counterfeit money consists of coins-cause each
such coin that is so presented to him to be forwarded to the Royal Australian Mint as soon as practicable after it is received by him.
(2) Where the Royal Australian Mint receives a counterfeit coin (not being an excepted counterfeit coin) forwarded to it, whether in pursuance of subsection (1) or in any other manner, the officer in charge of the Mint shall cause the coin to be rendered incapable of use.
(3) In subsection (1), 'bank' has the same meaning as it has for the purposes of the Reserve Bank Act 1959.

CRIMES (CURRENCY) ACT 1981 - SECT 29
Forfeiture and seizure

SECT

29.(1) Subject to section 29A, the following articles are forfeited to the Commonwealth:
(a) all counterfeit money or counterfeit prescribed securities;
(b) all machines, engines, tools, plates, dies or other instruments
(including all parts thereof), being instruments:
(i) that are known to have been used, to have been adapted for use, or
to be intended for use, in, or in connection with, the making of counterfeit money or counterfeit prescribed securities; or
(ii) that are used or capable of use in, or in connection with, the
making of genuine coins or genuine paper money and that have, without lawful authority or reasonable excuse, been knowingly conveyed from premises on which the production of those coins or that paper money is or was carried on;
(c) all bullion, paper, metal, ink, dye or other material:
(i) that is known to be intended for use in, or in connection with,
the making of counterfeit money or counterfeit prescribed securities; or
(ii) that is used or capable of use in, or in connection with, the
making of genuine coins or genuine paper money and that has, without lawful authority or reasonable excuse, been knowingly conveyed from premises on which the production of those coins or that paper money is or was carried on;
(d) all material obtained by dealing with a genuine coin so as to diminish
its weight;
(e) all genuine coins that have, and all genuine paper money that has,
without lawful authority, been wilfully defaced, disfigured or mutilated and all material obtained by the wilful destruction, without lawful authority, of any such coins or paper money;
(f) all articles that have been, or are intended to be, used in connection
with the commission of an offence against this Act.
(2) A constable may, without warrant, seize any article that is forfeited to the Commonwealth, or that he has reasonable grounds to believe is forfeited to the Commonwealth, under subsection (1).
(3) An Officer of Customs may, without warrant, seize any article that is forfeited to the Commonwealth, or that he has reasonable grounds to believe is forfeited to the Commonwealth, under subsection (1), and shall forthwith deliver the article into the custody of a member of the Australian Federal Police.
(4) A constable who has seized an article under subsection (2) or to whom an article has been delivered under subsection (3) may retain the article until the expiration of a period of 90 days after the seizure or the delivery, as the case may be, or, if a prosecution for an offence against a provision of this Act in relation to the article is instituted before the expiration of that period, until the prosecution is determined.
(5) Where, on a prosecution referred to in subsection (4), a court convicts a person of an offence against a provision of this Act in relation to an article that is seized under subsection (2) or (3), the court:
(a) if it is satisfied that the article is forfeited-shall order that the
article be condemned; or
(b) if it is not so satisfied-shall order that the article be delivered to
such person as the court is satisfied is entitled to the article.
(6) Where a prosecution for an offence against a provision of this Act in relation to an article seized under subsection (2) or (3) has not been instituted before the expiration of the period referred to in subsection (4), a constable shall take the article before a court of summary jurisdiction, and subsections 9 (2), (2A) and (3) of the Crimes Act 1914 shall thereupon apply in relation to the article as if it had been taken before the court under subsection 9 (1) of that Act.
(7) An article that is condemned as forfeited to the Commonwealth under subsection (5) of this section or under subsection 9 (2) of the Crimes Act 1914 in its application by virtue of subsection (6) of this section shall be dealt with or disposed of in accordance with the directions of the Treasurer.
(8) In this section:
'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

SECT

29A. 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

SECT

30. 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 31-33

SECT

31-33.*2* * * * * * *
*2*Sections 31-33-The amendments made by sections 31-33 have been incorporated in the reprint of the Crimes Act 1914, which is published separately.

CRIMES (CURRENCY) ACT 1981 - SECT 34-36

SECT

34-36.*3* * * * * * *
*3*Sections 34-36-The amendments made by sections 34-36 have been incorporated in the reprint of the Commonwealth Inscribed Stock Act 1911, which is published separately.

CRIMES (CURRENCY) ACT 1981 - SECT 37-40

SECT

37-40.*4* * * * * * *
*4*Sections 37-40-The amendments made by sections 37-40 have been incorporated in the reprint of the Reserve Bank Act 1959, which is published separately.

CRIMES (CURRENCY) ACT 1981 - SECT 41-42

SECT

41 and 42.*5* * * * * * *
*5*Sections 41 and 42-The amendments made by sections 41 and 42 have been incorporated in the reprint of the Treasury Bills Act 1914, which is published separately.

CRIMES (CURRENCY) ACT 1981 - SCHEDULE

SCH

SCHEDULE

Section 3
INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF
COUNTERFEITING CURRENCY
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 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
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
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.
(1) This expresssion has the same meaning as 'letters rogatory'.
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.
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
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.)