Currency Amendment (Consequential Amendments) Determination 2019

Administered by Department of the Treasury

Legislation au F2019L01325 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Assistant Treasurer

Currency Act 1965

Currency Amendment (Consequential Amendments) Determination 2019

Subsection 13(2) and section 13A of the Currency Act 1965 (the Act) provide that the Treasurer may, by legislative instrument, determine details of Australian coin characteristics including denomination, standard composition, standard weight, allowable variation from standard weight, design and dimensions.

The purpose of this legislative instrument is to repeal the Currency (Perth Mint) Determination (No. 1) 2019, Currency (Perth Mint) Determination (No. 3) 2019, Currency (Perth Mint) Determination (No. 4) 2019, Currency (Royal Australian Mint) Determination (No. 1) 2019, Currency (Royal Australian Mint) Determination (No. 3) 2019, Currency (Royal Australian Mint) Determination (No. 4) 2019 and Currency (Royal Australian Mint) Determination (No. 5) 2019, as the content of those instruments is now incorporated into the Currency (Australian Coins) Determination 2019.  The instrument also makes some minor modifications to determinations made in 2018.

The Treasurer may authorise the making and issuing of coins specified, or taken to be specified, in the Schedule to the Currency Act 1965.  A payment of money is legal tender if it is made in coins that are made and issued under the Currency Act 1965.  Through the issue of a currency determination, the Treasurer can add, remove and alter the coin characteristics specified, or taken to be specified, in the Schedule to the Currency Act 1965.

The Currency (Australian Coins) Determination 2019 consolidated into a single instrument all previous coin determinations made in 2019 as part of a process to simplify and improve the Australian coin determination process going forward.

In accordance with section 19 of the Acts Interpretations Act 1901, any Minister in the Treasury portfolio may, by legislative instrument, determine details of Australian coin characteristics.

Details of the legislative instrument are set out in the Attachment.

The legislative instrument commenced on the day after it was registered on the Federal Register of Legislation.

The legislative instrument is subject to disallowance under section 42 of the Legislation Act 2003.

Consultation

No consultation has been undertaken on this instrument as the instrument is minor and machinery in nature.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Currency Amendment (Consequential Amendments) Determination 2019

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of this legislative instrument is to repeal the Currency (Perth Mint) Determination (No. 1) 2019, Currency (Perth Mint) Determination (No. 3) 2019, Currency (Perth Mint) Determination (No. 4) 2019, Currency (Royal Australian Mint) Determination (No. 1) 2019, Currency (Royal Australian Mint) Determination (No. 3) 2019, Currency (Royal Australian Mint) Determination (No. 4) 2019 and Currency (Royal Australian Mint) Determination (No. 5) 2019, as the content of those instruments is now incorporated into the Currency (Australian Coins) Determination 2019.  The instrument also makes some minor modifications to determinations made in 2018.

 Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.


ATTACHMENT

Details of the Currency Amendment (Consequential Amendments) Determination 2019

This Attachment sets out further details of the Currency Amendment (Consequential Amendments) Determination 2019 (the Determination).

Section 1 – Name

This section specifies the name of the Determination is the Currency Amendment (Consequential Amendments) Determination 2019.

Section 2 – Commencement

This section prescribes that the Determination commences the day after the Determination is registered.  The Schedule to the Determination commenced immediately after the commencement of the Currency (Australian Coins) Determination 2019.

Section 3 – Authority

This section provides that the Determination is made under the Currency Act 1965.

Section 4 – Schedules

This section provides that each instrument specified in a Schedule to the instrument is amended or repealed as set out in the Schedule.

Schedule 1 – Repeals

Schedule 1 repeals the Currency (Perth Mint) Determination (No. 1) 2019, Currency (Perth Mint) Determination (No. 3) 2019, Currency (Perth Mint) Determination (No. 4) 2019, Currency (Royal Australian Mint) Determination (No. 1) 2019, Currency (Royal Australian Mint) Determination (No. 3) 2019, Currency (Royal Australian Mint) Determination (No. 4) 2019 and Currency (Royal Australian Mint) Determination (No. 5) 2019.

The content of those instruments is now consolidated into the Currency (Australian Coins) Determination 2019.

Schedule 2 – Amendments

Schedule 2 makes some very minor modifications to two determinations made in 2018 to ensure the final determinations reflect the coins as manufactured by the Royal Australian Mint.

Overview

The Currency Amendment (Consequential Amendments) Determination 2019 was enacted to streamline and simplify the process of determining Australian coin characteristics, thereby consolidating various earlier determinations into one instrument, the Currency (Australian Coins) Determination 2019. This legislative instrument was issued by the Assistant Treasurer under the authority of the Currency Act 1965, which empowers the Treasurer to determine the characteristics of Australian coins, including their denomination, composition, weight, design, and dimensions. The primary objective of this determination is to eliminate redundancy and ensure consistency in the legislative framework governing Australian coins. The instrument also makes minor adjustments to determinations made in 2018 to align with the current specifications of coins produced by the Royal Australian Mint. This amendment process aims to enhance the efficiency and clarity of the legal framework surrounding the production and issuance of Australian currency.

Scope and Application

The Currency Amendment (Consequential Amendments) Determination 2019 serves as a legislative instrument under the Currency Act 1965, designed to streamline and consolidate the various coin determinations made by the Treasurer in 2019. This Determination repeals several previous determinations related to the Perth Mint and the Royal Australian Mint, as their contents have been integrated into the Currency (Australian Coins) Determination 2019. Additionally, it makes minor amendments to certain 2018 determinations to align them with the coins produced by the Royal Australian Mint. The Authority for this Determination is established under the Currency Act 1965, allowing the Treasurer to specify coin characteristics such as denomination, composition, weight, and design. The instrument is subject to disallowance under the Legislation Act 2003 and commenced on the day following its registration on the Federal Register of Legislation. The repealed and amended instruments are specified in Schedules 1 and 2 respectively, reflecting the consolidation and minor adjustments made to ensure consistency in the coin determination process.

Key Provisions

The Currency Amendment (Consequential Amendments) Determination 2019 (the Determination) serves to streamline the process for the creation and regulation of Australian coins by consolidating and amending previous determinations. Specifically, sections 1 and 2 of the Determination establish its name and the commencement date, which is the day after it is registered on the Federal Register of Legislation. This consolidation aims to simplify the Australian coin determination process, as outlined in section 4, by repealing seven previous determinations from 2019 and making minor modifications to determinations from 2018. These amendments ensure the final determinations accurately reflect the coins as manufactured by the Royal Australian Mint. Under the Currency Act 1965 (the Act), the Treasurer is authorised to determine the characteristics of Australian coins, including their denomination, composition, weight, design, and dimensions, as detailed in section 13. The Determination further refines these details by incorporating all previous coin determinations into the Currency (Australian Coins) Determination 2019. This legislative instrument allows the Treasurer to add, remove, or alter coin characteristics specified in the Schedule to the Currency Act 1965, ensuring the coins issued remain compliant with legal standards. The Determination imposes specific obligations on the parties involved in the minting and issuance of Australian coins. The Royal Australian Mint and Perth Mint, as entities governed by this legislation, must adhere to the consolidated characteristics outlined in the Currency (Australian Coins) Determination 2019. These obligations include ensuring that all coins produced meet the specified standards in terms of composition, weight, design, and dimensions. Additionally, any modifications or new coin issues must be authorised by the Treasurer through a currency determination under section 19 of the Acts Interpretation Act 1901. Failure to comply with the provisions of the Determination could result in legal consequences. While the Determination itself does not explicitly outline specific penalties for breaches, the Currency Act 1965 and other relevant legislation may impose penalties for non-compliance. Generally, breaches of the Currency Act can lead to both civil and criminal penalties, including fines and imprisonment, depending on the severity of the breach. The exact penalties would be determined in accordance with the provisions of the Currency Act and other applicable laws.

Legal classification tags

Area of Law
Currency Law
Instrument
Legislative Instrument
Concepts
Repeal & Amendment
Commencement Provisions
Delegated & Subordinate Legislation

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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.