Crimes (Currency) Act 1981
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
11 May 2018
Includes amendments up to Act No. 31, 2018
23 May 2018
Compilation information and notes on amendments.
1 Short title
Cites this Act as the Crimes (Currency) Act 1981.
2 Commencement
2(1) Commencement
2(2) Commencement
Conditional commencement of remaining provisions
Describes the temporal relationship between the commencement and the remaining provisions
3 Interpretation
Definitions and interpretation of terms used in the Act.
Inclusion of external Territories in Australia
14 February 1966; or
14(2) February 1966; or
Definition of current coin or paper money
(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.
a coin or paper money shall be taken to be a current coin, or current paper money
Lawfully current in Australia or in a country other than Australia
14(3) February 1966; or
Definition of genuine coin or paper money
Definition of a genuine coin or paper money
(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...
...in any country (whether or not the country concerned is still in existence).
...a current coin or current paper money in any country...
14(4) February 1966; or
A coin or paper money is taken to have been defaced if some or all of its surfaces are coated with any material.
14(5) February 1966; or
Prohibition on defacement, disfigurement or mutilation of coins and paper money
Prohibits defacement, disfigurement or mutilation of coins and paper money
4 Extension of Act to Territories
5 Extra-territorial operation of Act
Act extends to acts, matters and things outside Australia.
5A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
6 Making counterfeit money or counterfeit securities
Making counterfeit money or securities is prohibited.
Prohibits making counterfeit money or securities.
7 Uttering counterfeit money or counterfeit securities
Uttering counterfeit money or securities is prohibited.
8 Buying or selling non-excepted counterfeit money or counterfeit
8(1) Buying or selling non-excepted counterfeit money or counterfeit
Buying or selling non-excepted counterfeit money or a counterfeit prescribed security is prohibited.
Prohibits buying or selling non-excepted counterfeit money or a counterfeit prescribed security.
8(1A) Buying or selling non-excepted counterfeit money or counterfeit
A reasonable excuse excuses the application of subsection (1)
(1A) Subsection (1) does not apply if the person has a reasonable excuse.
8(2) Buying or selling non-excepted counterfeit money or counterfeit
Buying or selling non-excepted counterfeit money or counterfeit is prohibited.
Prohibition of buying or selling non-excepted counterfeit money or counterfeit.
9 Possessing counterfeit money or counterfeit securities
9(1) Possessing counterfeit money or counterfeit securities
Possessing counterfeit money or securities is prohibited.
Prohibits possessing counterfeit money or securities.
9(1A) Possessing counterfeit money or counterfeit securities
Possession of counterfeit money or securities without a reasonable excuse is prohibited.
Prohibits possession of counterfeit money or securities without a reasonable excuse.
The defendant bears the burden of proof to establish a reasonable excuse.
The exemption applies to temporal intervals where a reasonable excuse is present.
9(2) Possessing counterfeit money or counterfeit securities
Establishes a defence for possessing counterfeit money or securities.
10 Import and export of counterfeit money or counterfeit securities
Prohibition on importing or exporting counterfeit money or securities.
11 Instruments and material used for counterfeiting
11(1) Instruments and material used for counterfeiting
Making, selling, or possessing certain instruments for counterfeiting is prohibited.
Prohibition of making, selling, or possessing certain instruments for counterfeiting.
11(2) Instruments and material used for counterfeiting
Buying, selling, or possessing materials used for counterfeiting is prohibited.
Prohibits buying, selling, or possessing materials used for counterfeiting.
11(3) Instruments and material used for counterfeiting
A defendant bears an evidential burden in relation to the matter in subsection (3)
12 Persons shall not import or export instruments for counterfeiting
No person shall import or export instruments for counterfeiting.
13 Conveying instruments or materials from premises
13(1) Conveying instruments or materials from premises
Conveying prohibited items from premises where currency is produced.
Prohibition of conveying prohibited items.
(1) A person shall not intentionally convey...
13(2) Conveying instruments or materials from premises
A reasonable excuse excuses non-compliance with subsection (1)
Reasonable excuse excused non-compliance
Subsection (1) does not apply if the person has a reasonable excuse.
The defendant is exempt from subsection (1)
A defendant bears an evidential burden in relation to the matter in subsection (2)
The defendant must provide evidence for their excuse
Subsection (1) does not apply if the person has a reasonable excuse
The excuse is a recurring condition that must be met
The excuse is a temporal interval that must be met
14 Information with respect to counterfeit money or counterfeit
14(1) Information with respect to counterfeit money or counterfeit
Giving or offering information about counterfeit money or securities is prohibited.
Prohibition of giving or offering information
14(2) Information with respect to counterfeit money or counterfeit
Excuse as a justification for exemption.
Belief in a reasonable excuse justifies exemption.
The defendant believes they have a reasonable excuse.
15 Possessing filings, clippings etc.
15(1) Possessing filings, clippings etc.
Possessing material obtained by dealing with genuine coin in a diminished manner is prohibited.
Prohibits possessing material obtained by dealing with genuine coin in a diminished manner.
15(2) Possessing filings, clippings etc.
Defendant bears evidential burden for reasonable excuse
Defendant has an obligation to provide a reasonable excuse
Defendant bears the burden of proof for the existence of a reasonable excuse
16 Defacing or destroying current coins or current paper money
Defacing or destroying current coins or paper money is prohibited without consent.
Prohibition of defacing or destroying current coins or paper money.
17 Selling defaced coins or paper money
Selling defaced coins or paper money is prohibited.
Prohibits selling defaced coins or paper money.
18 Possessing defaced coins or paper money
Possessing defaced coins or paper money is prohibited.
Prohibits possessing defaced coins or paper money.
19 Persons not to design, make, print or distribute material of
Design, make, print or distribute material resembling current paper money without consent.
Prohibition of design, make, print or distribute material resembling current paper money.
20 Import and export of certain material forbidden
Import and export of certain material forbidden without consent.
21 Machines etc. operated by coins or paper money
21(1) Machines etc. operated by coins or paper money
Making or selling articles with intent to substitute coins/paper money for operating machines is prohibited.
Prohibition of making or selling articles with intent to substitute coins/paper money for operating machines.
...for operating a machine that is designed to receive current coins or current paper money.
Temporal interval for prohibition of making or selling articles with intent to substitute coins/paper money for operating machines.
Recurring trace for prohibition of making or selling articles with intent to substitute coins/paper money for operating machines.
Obligation to prohibit making or selling articles with intent to substitute coins/paper money for operating machines.
Implication of making or selling articles with intent to substitute coins/paper money for operating machines on prohibition.
21(1A) Machines etc. operated by coins or paper money
Defendant bears evidential burden in relation to a reasonable excuse.
The defendant must provide evidence of a reasonable excuse.
Defendant bears evidential burden in relation to subsection (1A).
The defendant must provide evidence of a reasonable excuse in relation to subsection (1A).
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) at some point.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) through some means.
21(2) Machines etc. operated by coins or paper money
Importing or exporting articles made for substitution of current coins or paper money is prohibited.
(2) A person shall not import into Australia or export from Australia an article that, to his or her knowledge...
22 Interpretation
References to offences against provisions of this Act include references to related crimes.
Includes related crimes in the scope of offences.
23 Liability to prosecution
23(1) Liability to prosecution
23(2) Liability to prosecution
Defines Australian aircraft and ship for liability to prosecution purposes.
Classifies entities by registration or possession
Australian aircraft means an aircraft registered or required to be registered under regulations made under the Civil Aviation Act 1988;
or Australian aircraft means an aircraft that is owned by, or is in the possession or control of, the Commonwealth or an authority of the Commonwealth;
Australian ship means 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;
or Australian ship means 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;
24 Prosecution of offences against Act
24(1) Prosecution of offences against Act
An offence against this Act is an indictable offence.
24(2) Prosecution of offences against Act
Court may hear and determine proceedings for certain offences with consent.
Court permits hearing and determination of proceedings.
Court has jurisdiction to hear and determine proceedings.
Proceedings may be heard and determined with consent.
Excerpt overlaps with AllenInterval on court's jurisdiction over time.
Court has jurisdiction to hear and determine proceedings at any time.
Proceedings may be heard and determined at any time with consent.
Excerpt implies court's discretion in determining proceedings.
Court may exercise discretion in determining proceedings with consent.
Excerpt propagates court's jurisdiction over certain offences.
Court has jurisdiction to hear and determine proceedings for certain offences.
Offences subject to summary jurisdiction are indictable offences.
Excerpt infers court's ability to make decisions on proceedings.
24(3) Prosecution of offences against Act
Maximum penalty for an offence against Act
Prohibits imprisonment or fine exceeding specified limits
(3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person...
Defines temporal interval for imprisonment
(a) in the case of a person, not being a body corporate—nimprisonment for a period not exceeding 12 months...
(b) in the case of a person, being a body corporate—a fine not exceeding 50 penalty units.
Diffuses information about maximum penalty
25 Jurisdiction of courts
Jurisdiction of courts with respect to offences against Commonwealth laws
Jurisdiction is treated as if it were not limited
Section 80 of the Constitution imposes a limitation
The jurisdiction has effect without limitation
Temporal interval between the limitation and the jurisdiction
The jurisdiction has effect without limitation during this time period
26 Section 38 of Judiciary Act
Matter arising under this Act is not a matter directly under a treaty.
27 Evidence of examiners of counterfeit foreign money or
27(1) Evidence of examiners of counterfeit foreign money or
Appointment of examiners for counterfeit foreign coin
27(2) Evidence of examiners of counterfeit foreign money or
Appointment of examiners for counterfeit foreign paper money
27(3) Evidence of examiners of counterfeit foreign money or
Appointment of examiners for counterfeit foreign securities
27(4) Evidence of examiners of counterfeit foreign money or
Certificate of examiner's examination is admissible in evidence.
Certificate is issued by an examiner appointed under subsection (1).
The certificate is admissible in evidence.
Admissibility of certificate as evidence.
The certificate is issued by an examiner appointed under subsection (1).
The certificate states the result of the examination.
The result of the examination is correct.
28 Counterfeit money to be rendered incapable of use
28(1) Counterfeit money to be rendered incapable of use
Render counterfeit money incapable of use
Must render counterfeit money incapable of use
28(2) Counterfeit money to be rendered incapable of use
Counterfeit money rendered incapable of use
(2) Where the Royal Australian Mint receives a counterfeit coin...
the officer in charge of the Mint shall cause the coin to be rendered incapable of use.
Prohibits use of counterfeit money within a specific time frame
Spreads prohibition to all parties involved
Applies reasoning to determine the effect of the prohibition
28(3) Counterfeit money to be rendered incapable of use
ADI is prohibited from issuing counterfeit money
Prohibits ADI from issuing counterfeit money
(ADI is an authorized deposit-taking institution)
Classifies ADI as a financial institution
29 Forfeiture and seizure
Forfeiture of counterfeit money and instruments used in counterfeiting
Prohibits the use of counterfeit money and instruments
(1) Subject to section 29A, the following articles are forfeited to the Commonwealth:
29A Excepted counterfeit coins not to be forfeited
Excepted counterfeit coins not subject to forfeiture.
30 Regulations
30(1) Regulations
The Governor-General may make regulations.
30(2) Regulations
The Minister administering the Australian Federal Police Act 1979 is the rule-maker for regulations.
The Minister has an obligation to make regulations.
30(3) Regulations
International Convention for the Suppression of Counterfeiting Currency
1 This expression has the same meaning as “letters rogatory”.
Requesting countries must notify each other of their methods for transmitting letters of request.
Requesting countries must notify each other.
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.
Temporal interval for notification is required.
Until such notification is made by a High Contracting Party, its existing procedure in regard to letters of request shall remain in force.
Recurring trace is required for notification.
Requesting countries have permission to use their own procedures.
20 Section 20
20(1) Section 20
Reservation regarding applicability of Article 9 Falsification of a stamp on a note is prohibited when it makes the note valid in a given country.
Prohibits falsification of a stamp on a note when it makes the note valid in a given country.
20(2) Section 20
Right of High Contracting Parties to regulate domestic law regarding lighter sentences, pardon, and amnesty. Chinese Government unable to accept extradition of foreigner accused of counterfeiting currency by a third State.
High Contracting Parties have the right.
Government obligation to grant extradition
Article 10 involves general undertaking of a Government
20(3) Section 20
Reserves right to address instrument of ratification to another signatory State. No modification of internal regulations establishing penalties in the event of concurrent offences.
Classifies declaration as descriptive clause.
The text describes the declaration as a statement of intent.
The declaration is classified as a descriptive clause.
Identifies temporal interval for ratification.
The text mentions the moment of signing and the potential for delayed ratification.
A temporal interval is identified for ratification.
The text describes the declaration as a statement of intent and authority.
The declaration is classified as a right.
20(4) Section 20
Execute letters of request within domestic law limits
17 Sept
Conditional commencement of statute law provisions
Requires temporal intervals for commencement
16 Dec
Requirement for registration of aircraft
15 June
Reference to section 100(1)-(3) and Schedule
1 July 1988 (s 2(2))
21 Dec
29 June
1 July 1998 (s 2(2))
6 Apr 2001
Reference to section 4(1), (2) and Schedule 13.
Conditional commencement of Statute Law Revision Act 2008
Requires relation between identifiable temporal intervals for conditional commencement
3 July 2008
4 July 2008 (s 2(1)
Statute Law Revision Act 2012, sections 136 and 2012
22 Sept
Conditional commencement of Statute Law Revision Act 2013
Conditional commencement of section 4 item 3 on June 29, 2013.
Defines temporal interval for commencement
20 May
Amendment of Sch 9 by Australian Border Force Amendment (Protected Information) Act 2017
30 Oct
Conditional commencement on July 1, 2015
23 Sept
9 May 2018
Amendment history for Crimes (Currency) Act 1981