Crimes (Currency) Act 1981
No. 122, 1981
Compilation No. 10
Compilation date: 11 May 2018
Includes amendments up to: Act No. 31, 2018
Registered: 23 May 2018
About this compilation
This compilation
This is a compilation of the Crimes (Currency) Act 1981 that shows the text of the law as amended and in force on 11 May 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Extension of Act to Territories
5 Extra‑territorial operation of Act
5A Application of the Criminal Code
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 securities
11 Instruments and material used for counterfeiting
12 Persons shall not import or export instruments for counterfeiting etc.
13 Conveying instruments or materials from premises
14 Information with respect to counterfeit money or counterfeit securities
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…
Overview
The Crimes (Currency) Act 1981 was enacted to address the problem and gap of counterfeiting and other activities injurious to Australian currency. This Act was enacted by the Commonwealth Parliament and provides for offences related to counterfeit money, counterfeit securities, and other activities that harm Australian currency. The policy objective of the Act is to deter and punish activities that undermine the integrity and value of Australian currency, protect the public from the harmful effects of counterfeit money and securities, and ensure the smooth functioning of the financial system by preventing fraudulent activities related to currency.
Scope and Application
The Crimes (Currency) Act 1981 applies to persons and bodies corporate who are engaged in activities related to counterfeiting of money or securities and those who possess or deal with counterfeit money or securities within Australia, its external territories, and beyond its borders. The Act also applies to any person regardless of nationality or citizenship. The Act extends to acts, matters and things outside Australia, whether or not in a foreign country, and to all persons, irrespective of their nationality or citizenship. The Act covers offences such as making, uttering, buying, selling, possessing, importing, and exporting of counterfeit money or securities, as well as possession of instruments and materials used for counterfeiting. It also prohibits the defacing, mutilating or destroying of current coins or paper money, selling defaced coins or paper money, and designing, making, printing or distributing material that resembles Australian currency. The Act further prohibits the import or export of certain material used for counterfeiting or making articles that resemble Australian currency. The Act extends to Commonwealth, state, and territory jurisdictions in Australia. Certain offences under the Act may be tried by a court of summary jurisdiction if both the defendant and the prosecutor consent. The Act also provides for the forfeiture of articles used in the commission of offences under the Act.
Key Provisions
- The Crimes (Currency) Act 1981 (Cth) provides the legal framework for combating currency counterfeiting and related activities. The Act primarily operates by criminalising a range of activities that are considered detrimental to Australian currency, either by counterfeiting or by undermining its integrity. Section 6 of the Act prohibits the making of counterfeit money or counterfeit securities, with a maximum penalty of 14 years imprisonment for individuals and 750 penalty units for corporations. Section 7 prohibits the uttering of counterfeit money or securities, with a penalty of 12 years imprisonment or 600 penalty units. Similarly, Section 8 prohibits the buying, selling, receiving, or offering to buy, sell, or procure non-excepted counterfeit money or securities, carrying a penalty of 12 years imprisonment or 600 penalty units. Section 10 outlaws the import or export of counterfeit money or securities, with the same penalties as for uttering these items.
- The Act also imposes specific obligations on individuals and entities, such as prohibiting the possession of counterfeit money or securities with intent to defraud (Section 9) and the use of instruments or materials for counterfeiting (Section 11). Additionally, it bans the import or export of such instruments and materials (Section 12), as well as the intentional conveyance of these items from premises where genuine currency is produced (Section 13).
- Penalties for violations range from fines to imprisonment. For instance, Section 14 imposes a penalty of up to 5 years imprisonment or 100 penalty units, or both, for providing information on how to manufacture, buy, sell, procure, or dispose of counterfeit money or securities. Section 16 penalises the defacing or destruction of current Australian coins or paper money with imprisonment for up to 2 years or 50 penalty units, or both.
- The Act also addresses ancillary activities such as possessing materials obtained by devaluing genuine coins (Section 15) and the design or distribution of materials that closely resemble current Australian currency or prescribed securities (Section 19). Violations under these sections carry similar penalties to those mentioned above.
- In terms of enforcement, the Act provides that any counterfeit money or securities found are to be rendered incapable of use, and such items, along with related instruments and materials, are subject to forfeiture (Section 29). Exceptions are made for certain counterfeit coins not to be forfeited under Section 29A. The Act also allows for the appointment of examiners of counterfeit foreign money and securities, whose findings are admissible in court proceedings (Section 27).
- In conclusion, the Crimes (Currency) Act 1981 comprehensively addresses counterfeiting and related activities through strict prohibitions, significant penalties, and clear enforcement mechanisms. The Act aims to protect the integrity of Australian currency by criminalising a broad range of activities associated with counterfeiting and related offences.
- Area of Law
- Criminal Law
- International Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Enforcement Powers
- Regulatory Standards
- Transitional Provisions
- Delegated & Subordinate Legislation
- Forfeiture and Seizure
