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

Administered by Attorney-General's Department

Legislation au F2019L01313 In force Legislative Instrument

Legislation content

 

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 (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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

3  Authority

5  Definitions

Part 2—Directions

6  Direction to the constable

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

Part 3—Application

8  Application

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

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

 

 

 

Overview

The Crimes (Currency) (Disposal of Condemned Forfeited Articles) Direction 2019, made under the Crimes (Currency) Act 1981, was introduced to provide clear guidelines for the disposal of articles that have been condemned and forfeited as a result of criminal activities related to currency. The direction was prepared by The Treasury and was enacted to ensure that forfeited currency articles are appropriately managed and, if necessary, destroyed. The direction applies to articles condemned under the relevant provisions of the Crimes (Currency) Act 1981 or the Crimes Act 1914 on or after the commencement date of 10 October 2019. This legislative instrument was created to address the need for a structured process in handling and disposing of condemned and forfeited articles, ensuring they are either retained for legitimate purposes, such as training or research, or destroyed if no legitimate use is identified. The enacting body for this legislative instrument is The Treasury, operating under the authority granted by the Crimes (Currency) Act 1981. The policy objective of this direction is to provide a systematic approach to the disposal of condemned and forfeited articles, ensuring that they are managed in a manner that aligns with legal requirements and operational needs. The direction specifies that articles must be delivered to designated officials, such as the Governor of the Reserve Bank of Australia or the Chief Executive Officer of the Royal Australian Mint, and outlines the circumstances under which these articles may be retained, delivered to other officials, or destroyed.

Scope and Application

The Crimes (Currency) (Disposal of Condemned Forfeited Articles) Direction 2019 applies to articles that are condemned under subsection 29(5) of the Crimes (Currency) Act 1981 or under subsection 9(2) of the Crimes Act 1914 on or after the commencement of this instrument. This legislation mandates the disposal process of condemned forfeited articles by directing the constable to deliver the articles into the possession of specific individuals, such as the Governor of the Reserve Bank of Australia, the Chief Executive Officer of the Royal Australian Mint, or the Chief Executive of the Australian Office of Financial Management. Additionally, it directs these entities to either retain the articles for legitimate purposes, deliver them to another authorised person or the Australian Federal Police for retention, or destroy them if no legitimate purpose is identified. The Direction allows for officials of Commonwealth entities to act on behalf of the specified persons in relation to these activities. The scope of the Direction is national, applying across Australia and involving entities like the Reserve Bank, Royal Australian Mint, and Australian Office of Financial Management. There are no explicit exclusions or exemptions stated in the Direction, and it does not mention any thresholds that would limit its application. The Direction operates under the authority granted by the Crimes (Currency) Act 1981 and is subject to modification by other laws, although such modifications do not alter the text of the Direction itself. Uncommenced amendments are noted in the endnotes but do not affect the text of the compiled law. The legislation is compiled to reflect the law as amended and in force as of 28 November 2020, with details of uncommenced amendments and modifications accessible on the Legislation Register.

Key Provisions

The Crimes (Currency) (Disposal of Condemned Forfeited Articles) Direction 2019 sets out specific procedures for the disposal of articles that have been condemned as forfeited under the Crimes (Currency) Act 1981 (the "Act") or the Crimes Act 1914. Under Section 6, when a constable possesses a condemned forfeited article, they are directed to deliver the article into the possession of an authorised person, such as the Governor of the Reserve Bank of Australia, the Chief Executive Officer of the Royal Australian Mint, or the Chief Executive of the Australian Office of Financial Management. Section 7 provides that the person in possession of the article must then either retain it for a legitimate purpose, deliver it to another authorised person or the Australian Federal Police if it is required for a legitimate purpose, or destroy it if none of these conditions apply. The definition of 'legitimate purpose' includes uses such as staff training, research, and maintaining a database of forfeited articles. The Act imposes several obligations on the parties involved in the handling of condemned forfeited articles. The constable is required to deliver the article to the appropriate person as specified in Section 6. The accountable authority, such as the Governor of the Reserve Bank of Australia, must ensure that the article is either retained for a legitimate purpose, delivered to another authorised person or the Australian Federal Police if needed, or destroyed if it is not required for any legitimate purpose. Officials of the Commonwealth entity can act on behalf of the accountable authority in taking possession of, retaining, delivering, or destroying the article. These obligations are designed to ensure that forfeited articles are handled in a manner that is consistent with their status and intended use. Failure to comply with the provisions of the Direction may result in legal consequences. While the Direction itself does not explicitly list specific offences or penalties, non-compliance could potentially lead to legal action under the Crimes (Currency) Act 1981 or other relevant legislation. The penalties for breaches of those acts can include fines and imprisonment, depending on the nature and severity of the offence. It is important for those involved in the disposal process to adhere strictly to the requirements of the Direction to avoid any potential legal repercussions.

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Criminal Law
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Legislative Instrument
Concepts
Definitions & Interpretation
Enforcement Powers
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.