Federal Register of Legislation - Australian Government

Primary content

Directions/Other as made
This direction is in broadly similar terms to previously issued directions and requires condemned forfeited articles to be delivered to the Reserve Bank of Australia, the Royal Australian Mint, or the Australian Office of Financial Management (as appropriate). If the accepting agency has a legitimate reason to retain the article, they may retain the article. If the Australian Federal Police require the article for a legitimate purpose, it may be given to and retained by the AFP. Otherwise, the article is to be destroyed.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 03
Registered 09 Oct 2019
Tabling HistoryDate
Tabled HR14-Oct-2019
Tabled Senate14-Oct-2019

 

Crimes (Currency) (Disposal of Condemned Forfeited Articles) Direction 2019

I, Michael Sukkar, Assistant Treasurer, make the following direction.

Dated               30 September 2019

 

Michael Sukkar

Assistant Treasurer

 

  

  

  


Contents

Part 1—Preliminary                                                                                                      1

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

5  Definitions................................................................................................................................ 1

Part 2—Directions                                                                                                         3

6  Direction to the constable......................................................................................................... 3

7  Direction to the Reserve Bank, Royal Australian Mint or Australian Office of Financial Management              3

Part 3—Application                                                                                                      4

8  Application............................................................................................................................... 4

Schedule 1—Amendments                                                                                            5

Disposal of Forfeited Articles Direction 2014                                                                                 5

Disposal of Forfeited Articles Direction 2016                                                                                 5

Disposal of Forfeited Articles Direction 2018                                                                                 5

 


Part 1Preliminary

  

1  Name

                   This instrument is the Crimes (Currency) (Disposal of Condemned Forfeited Articles) Direction 2019.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Crimes (Currency) Act 1981.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

Note:       Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Crimes (Currency) Act 1981 as in force from time to time.

                   In this instrument:

accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

constable has the meaning given by subsection 29(8) of the Act.

official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

the Act means the Crimes (Currency) Act 1981.

Part 2Directions

  

6  Direction to the constable

                   Further to subsection 29(7) of the Act, upon a court ordering a forfeited article be condemned under subsection 29(5) of the Act, or under subsection 9(2) of the Crimes Act 1914, the constable in possession of the article is directed to deliver the article into the possession of a person occupying, or performing the duties of, one of the following positions:

                     (a)  Governor of the Reserve Bank of Australia;

                     (b)  Chief Executive Officer of the Royal Australian Mint;

                     (c)  Chief Executive of the Australian Office of Financial Management.

Note:          This section does not prevent:

(a)    an official of the Commonwealth entity of which a person occupying, or performing the duties of, a position referred to in paragraph (a), (b) or (c) is the accountable authority, taking possession of the article on behalf of the person; or

(b)    a person occupying, or performing the duties of, a position referred to in paragraph (a), (b) or (c) entering into an arrangement for condemned forfeited articles to be delivered into the possession of certain officials on their behalf.

7  Direction to the Reserve Bank, Royal Australian Mint or Australian Office of Financial Management

                   Further to subsection 29(7) of the Act, a person who has possession under section 6 of this instrument, or a previous application of this section, of a condemned forfeited article, is directed to do one of the following with the article:

                     (a)  if the person is satisfied that the article is required to be retained by that person for a legitimate purpose—retain the article for that purpose;

                     (b)  if the person is satisfied that the article is required for a legitimate purpose by another person occupying, or performing the duties of, a position referred to in paragraph 6(a), (b) or (c)—deliver the article to that person to be retained for that purpose;

                     (c)  if the person is satisfied that the article is required for a legitimate purpose by Australian Federal Police—deliver the article to the Commissioner of the Australian Federal Police to be retained for that purpose;

                     (d)  otherwise—destroy the article.

Example:    A legitimate purpose includes staff training, research, and maintaining a database of forfeited articles.

Note:          This section does not prevent:

(a)    an official of the Commonwealth entity of which a person occupying, or performing the duties of, a position referred to in paragraph (a), (b) or (c) is the accountable authority, retaining, delivering, taking possession of, or destroying the article on behalf of the person; or

(b)    a person occupying, or performing the duties of, a position referred to in paragraph (a), (b) or (c) entering into an arrangement for condemned forfeited articles to be dealt with by certain officials on their behalf.

Part 3Application

  

8  Application

                   This instrument applies to articles condemned under subsection 29(5) of the Act, or under subsection 9(2) of the Crimes Act 1914, on or after the day this instrument commences.

Schedule 1Amendments

 

Disposal of Forfeited Articles Direction 2014

1  The whole of the instrument

Repeal the instrument.

Disposal of Forfeited Articles Direction 2016

2  The whole of the instrument

Repeal the instrument.

Disposal of Forfeited Articles Direction 2018

3  The whole of the instrument

Repeal the instrument.