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

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

made under the Crimes (Currency) Act 1981

Compilation No. 01

Compilation date:   28 November 2020

Includes amendments up to:           Treasury Laws Amendment (Miscellaneous Amendments) Instrument 2020

Prepared by The Treasury

About this compilation

This compilation

This is a compilation of the Crimes (Currency) (Disposal of Condemned Forfeited Articles) Direction 2019 that shows the text of the law as amended and in force on 28 November 2020 (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 ( 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1—Preliminary  1

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

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

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

Part 2—Directions  2

6  Direction to the constable......................................................................................................... 2

7  Direction to the Reserve Bank, Royal Australian Mint or Australian Office of Financial Management              2

Part 3—Application  3

8  Application............................................................................................................................... 3

Endnotes4

Endnote 1—About the endnotes  4

Endnote 2—Abbreviation key  5

Endnote 3—Legislation history  6

Endnote 4—Amendment history  7

Part 1—Preliminary

1  Name

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

3  Authority

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

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 2—Directions

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 6(a), 6(b) or 6(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 6(a), 6(b) or 6(c) entering into an arrangement for condemned forfeited articles to be dealt with by certain officials on their behalf.

Part 3—Application

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.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

o = order(s)
ad = added or inserted	Ord = Ordinance
am = amended	orig = original
amdt = amendment	par = paragraph(s)/subparagraph(s)
c = clause(s)	/sub‑subparagraph(s)
C[x] = Compilation No. x	pres = present
Ch = Chapter(s)	prev = previous
def = definition(s)	(prev…) = previously
Dict = Dictionary	Pt = Part(s)
disallowed = disallowed by Parliament	r = regulation(s)/rule(s)
Div = Division(s)
exp = expires/expired or ceases/ceased to have	reloc = relocated
effect	renum = renumbered
F = Federal Register of Legislation	rep = repealed
gaz = gazette	rs = repealed and substituted
LA = Legislation Act 2003	s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
(md) = misdescribed amendment can be given	Sdiv = Subdivision(s)
effect	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Crimes (Currency) (Disposal of Condemned Forfeited Articles) Direction 2019	9 October 2019 (F2019L01313)	10 October 2019	—
Treasury Laws Amendment (Miscellaneous Amendments) Instrument 2020	27 November 2020 (F2020L01485)	28 November 2020	—

Endnote 4—Amendment history

Provision affected	How affected
section 2	rep s48D LA
section 4	rep s48C LA
section 7	am F2020L01485
Schedule 1	rep s48C LA