Crimes (Currency) (Authorised Persons) Instrument 2022
I, Dr James Edward Chalmers, Treasurer, make the following instrument.
Dated 9 June 2022
Dr James Edward Chalmers
Treasurer
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
Part 2—Authorised persons
6 Persons authorised to consent to current coins or paper money being defaced or destroyed
7 Persons authorised to consent to design, make, print or distribute material of certain kinds
8 Persons authorised to consent to import or export of certain material
Schedule 1—Repeals
Crimes (Currency) Authorisation 2018
Part 1—Preliminary
1 Name
This instrument is the Crimes (Currency) (Authorised Persons) Instrument 2022.
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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:
the Act means the Crimes (Currency) Act 1981.
Treasury means the Department of the Treasury.
Part 2—Authorised persons
6 Persons authorised to consent to current coins or paper money being defaced or destroyed
For the purposes of section 16 of the Act, each person occupying, or performing the duties of, one of the following positions is an authorised person:
(a) the Secretary to the Treasury;
(b) the Governor of the Reserve Bank of Australia;
(c) Chief Executive Officer of the Royal Australian Mint;
(d) an SES employee in the Treasury;
(e) the following positions in the Note Issue Department in the Reserve Bank of Australia:
(i) Head;
(ii) Deputy Head;
(iii) Head Scientist;
(iv) Senior Manager, Banknote Strategy and Engagement.
7 Persons authorised to consent to design, make, print or distribute material of certain kinds
For the purposes of section 19 of the Act, each person occupying, or performing the duties of, one of the following positions is an authorised person:
(a) the Secretary to the Treasury;
(b) the Governor of the Reserve Bank of Australia;
(c) Chief Executive of the Australian Office of Financial Management;
(d) an SES employee in the Treasury;
(e) the following positions in the Note Issue Department in the Reserve Bank of Australia:
(i) Head;
(ii) Deputy Head;
(iii) Head Scientist;
(iv) Senior Manager, Banknote Strategy and Engagement.
8 Persons authorised to consent to import or export of certain material
For the purposes of section 20 of the Act, each person occupying, or performing the duties of, one of the following positions is an authorised person:
(a) the Secretary to the Treasury;
(b) the Governor of the Reserve Bank of Australia;
(c) Chief Executive of the Australian Office of Financial Management;
(d) an SES employee in the Treasury;
(e) the following positions in the Note Issue Department in the Reserve Bank of Australia:
(i) Head;
(ii) Deputy Head;
(iii) Head Scientist;
(iv) Senior Manager, Banknote Strategy and Engagement.
Schedule 1—Repeals
Crimes (Currency) Authorisation 2018
1 The whole of the instrument
Repeal the instrument.
Overview
The Crimes (Currency) (Authorised Persons) Instrument 2022, made under the Crimes (Currency) Act 1981, came into effect on 10 June 2022, the day after it was registered. This instrument identifies authorised individuals who can consent to activities related to the defacement, destruction, design, manufacture, printing, distribution, import, and export of currency. These activities are regulated under the Act to prevent counterfeiting and ensure the integrity of Australia's currency. The instrument repeals the Crimes (Currency) Authorisation 2018, updating the list of authorised persons to reflect current roles and responsibilities within the Treasury and the Reserve Bank of Australia. This legislative instrument aims to provide clarity and streamline the process for authorising actions involving Australia's currency, thereby supporting the policy objective of maintaining the security and authenticity of the nation's monetary system.
Scope and Application
The Crimes (Currency) (Authorised Persons) Instrument 2022 applies to specific individuals and entities involved in the management and regulation of Australia's currency. This instrument designates authorised persons who can consent to certain activities related to currency, such as the defacement or destruction of current coins or paper money, the design, manufacture, printing, and distribution of particular materials, and the import or export of specific materials. These authorised persons include high-ranking officials such as the Secretary to the Treasury, the Governor of the Reserve Bank of Australia, the Chief Executive Officer of the Royal Australian Mint and the Australian Office of Financial Management, as well as certain senior employees in the Treasury and the Note Issue Department within the Reserve Bank of Australia. The instrument is a Commonwealth instrument and applies nationally across Australia. It replaces the Crimes (Currency) Authorisation 2018 and is effective from the day after it is registered. The scope and application of the instrument may be extended or restricted through subordinate instruments made under the authority of the Crimes (Currency) Act 1981.
Key Provisions
The main operative sections of the Crimes (Currency) (Authorised Persons) Instrument 2022 (the "Instrument") specify the authorised persons who can consent to certain actions regarding currency, as outlined in sections 6, 7 and 8 (subsections (a)-(e)). These sections define the roles and positions within government and the Reserve Bank of Australia that have the authority to consent to the defacing or destruction of current coins or paper money (section 6), the design, making, printing, or distribution of specific materials (section 7), and the import or export of certain materials (section 8). The Instrument also includes a schedule (Schedule 1) that repeals the Crimes (Currency) Authorisation 2018, indicating the Instrument replaces the previous authorisation.
The Instrument imposes obligations on the parties or entities it governs by specifying the roles and positions that have the authority to consent to certain actions related to currency. This includes the Secretary to the Treasury, the Governor of the Reserve Bank of Australia, the Chief Executive Officer of the Royal Australian Mint or the Australian Office of Financial Management, SES employees in the Treasury, and various positions within the Note Issue Department in the Reserve Bank of Australia. These authorised persons must ensure that any actions taken regarding the defacing, destruction, design, making, printing, distribution, import, or export of currency-related materials are carried out in accordance with the Crimes (Currency) Act 1981.
The Instrument does not explicitly outline any offences, penalties, or civil/criminal consequences for breach. However, any actions taken without the consent of an authorised person as specified in the Instrument may be considered an offence under the Crimes (Currency) Act 1981, which carries potential penalties as prescribed by the Act. The maximum penalties for offences under the Crimes (Currency) Act 1981 may vary depending on the specific offence and jurisdiction, and are not detailed in the Instrument itself. It is essential for authorised persons and other relevant parties to familiarise themselves with the Crimes (Currency) Act 1981 to understand the potential consequences of non-compliance.