Currency (Australian Coins) Amendment (2023 Royal Australian Mint No. 4) Determination 2023

Administered by Department of the Treasury

Legislation au F2023L00618 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Assistant Minister for Competition, Charities and Treasury

Currency Act 1965

Currency (Australian Coins) Amendment (2023 Royal Australian Mint No. 4) Determination 2023

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 determine the characteristics of 5 new non-circulating coins proposed to be issued by the Royal Australian Mint.

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 a 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.

In accordance with section 19 of the Acts Interpretation 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.

The Determination is a legislative instrument for the purposes of the Legislation Act 2003. The Determination is not subject to sunsetting under the Legislation Act 2003 on the grounds that the instrument ensures economic certainty (see Legislation (Exemptions and Other Matters) Regulation 2015). The instrument’s operation is integral in ensuring that the currency produced by the Mints becomes, and remains, legal tender unless or until returned to a mint to be taken out of circulation in accordance with the Currency Act 1965.

Consultation

No public consultation was undertaken in relation to this legislative instrument. The effect of this instrument is to determine details of new Australian coin characteristics which will enable the Royal Australian Mint to continue its production of circulating and numismatic coins.

Members of the public have the opportunity to contact the Royal Australian Mint to present any themes they would like to see commemorated on Australian legal tender. These concepts are then researched and assessed in accordance with the Royal Australian Mint’s Coin Design Policy. The Royal Australian Mint also uses market-based tools to identify interested parties and gauge interest in coin themes.

 

Statement of Compatibility with Human Rights

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

Currency (Australian Coins) Amendment (2023 Royal Australian Mint No. 4) Determination 2023

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 determine the characteristics of 5 new non-circulating coins proposed to be issued by the Royal Australian Mint.

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 (Australian Coins) Amendment (2023 Royal Australian Mint No. 4) Determination 2023

This Attachment sets out further details of the Currency (Australian Coins) Amendment (2023 Royal Australian Mint No. 4) Determination 2023 (the Determination).

Section 1 – Name

This section provides that the name of the Determination is the Currency (Australian Coins) Amendment (2023 Royal Australian Mint No. 4) Determination 2023.

Section 2 – Commencement

This section prescribes that the Determination commences the day after the Determination is registered.

Section 3 – Authority

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

Section 4 – Schedule

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

Schedule 1 – Amendments

Schedule 1 amends the Currency (Australian Coins) Determination 2019 by adding the details of new coin characteristics and making technical amendments to ensure the Determination operates as intended. The newly determined coin characteristics are set out below.

 

 

 

 

 

 

 

 

 

 

New non-circulating coins

2023 20c Coloured Uncirculated Coin – 35th Anniversary of Edward the Emu

2023 20c Coloured Gold-Plated Uncirculated Coin – 35th Anniversary of Edward the Emu

The design on the 2023 20c coloured uncirculated coins – 35th Anniversary of Edward the Emu consists of a coloured representation of the character Edward the Emu from the children’s book Edward the Emu (as illustrated by Rod Clement) at the top of the coin. In the centre of the coin, there is a representation of the following other characters from the book, facing towards the centre of the coin:

  1. an emu and a lioness; and
  2.           a snake and a seal.

 

The design includes the following inscriptions: “EDWARD THE EMU”; “35TH ANNIVERSARY”; and “20”.

Consistent with all Australian legal tender coinage, an effigy of Her Majesty Queen Elizabeth II will appear on the obverse side of the coins together with the inscriptions “ELIZABETH II”, “AUSTRALIA”, “2023”, and “1952-2022” (being the dates of Her Majesty Queen Elizabeth II’s reign). The obverse design includes the initials of the designer Jody Clark “JC”.

2023 $5 Coloured Uncirculated Coin – Australian World Heritage Properties

The design on the 2023 $5 coloured uncirculated coin – Australian World Heritage Properties consists of, in the centre of the coin, a coloured stylised representation of a handprint, fan palm frond and shell fossil enclosed in a circular border comprising a ring of dashes. Surrounding the central circle, there is another circular border containing the following inscriptions: “AUSTRALIAN WORLD HERITAGE PROPERTIES”; and “5 DOLLARS”. Surrounding the inscribed border is a ring comprising overlapping circular lines. There is a montage of the following stylised representations of Australian sites (or elements from those Australian sites) on the World Heritage List:

  1. the Brickendon Estate (Australian Convict Site in Tasmania); and
  2. the Cascades Female Factory (Australian Convict Site in Tasmania); and
  3. the Coal Mines Historic Site (Australian Convict Site in Tasmania); and
  4. Cockatoo Island (Australian Convict Site in New South Wales); and
  5. the Darlington Probation Station (Australian Convict Site in Tasmania); and
  6. Fremantle Prison (Australian Convict Site in Western Australia); and
  7. Hyde Park Barracks (Australian Convict Site in New South Wales); and
  8. the Kingston and Arthur’s Vale Historic Area (Australian Convict Site in Norfolk   Island); and
  9. Old Government House and Government Domain (Australian Convict Site in New South Wales); and
  10. the Old Great North Road (Australian Convict Site in New South Wales); and
  11. the Port Arthur Historic Site (Australian Convict Site in Tasmania); and
  12. the Woolmers Estate (Australian Convict Site in Tasmania); and
  13. the Australian Fossil Mammal Site in Naracoorte, South Australia; and
  14. the Australian Fossil Mammal Site in Riversleigh, Queensland; and
  15. Budj Bim Cultural Landscape in Victoria; and
  16. the Gondwana Rainforests of Australia in New South Wales and Queensland; and
  17. the Great Barrier Reef in Queensland (represented by a clownfish); and
  18. the Greater Blue Mountains Area in New South Wales; and
  19. Heard Island and McDonald Islands in the Territory of Heard Island and McDonald Islands; and
  20. Kakadu National Park in the Northern Territory; and
  21. K’gari (Fraser Island) in Queensland; and
  22. the Lord Howe Island Group in New South Wales; and
  23. Macquarie Island, Tasmania; and
  24. Purnululu National Park in Western Australia; and
  25. the Royal Exhibition Building and Carlton Gardens, in Victoria; and
  26. Shark Bay, Western Australia; and
  27. Sydney Opera House in New South Wales; and
  28. the Tasmanian Wilderness World Heritage Area; and
  29. the Ningaloo Coast, Western Australia; and
  30. the Uluru-Kata Tjuta National Park in the Northern Territory; and
  31. the Wet Tropics of Queensland (represented by a cassowary); and
  32. the Willandra Lakes Region of New South Wales. 

 

Consistent with all Australian legal tender coinage, an effigy of Her Majesty Queen Elizabeth II will appear on the obverse side of the coin together with the inscriptions “ELIZABETH II”, “AUSTRALIA”, “2023”, and “1952-2022” (being the dates of Her Majesty Queen Elizabeth II’s reign). The obverse design includes the initials of the designer Jody Clark “JC”.

2023 $100 Gold Coloured Proof Domed Coin – Beauty Rich & Rare – Twelve Apostles

2023 $5 Silver Coloured Proof Domed Coin – Beauty Rich & Rare – Twelve

Apostles

The design on the 2023 coloured proof domed coins – Beauty Rich & Rare – Twelve Apostles consists of, in the foreground, sand, cliff faces and clouds. In the background is a coloured representation of The Twelve Apostles rock formation in Victoria. The design includes the following inscriptions: “TWELVE APOSTLES”; “2023 BEAUTY, RICH & RARE”; Arabic numerals for the amount, in dollars or cents, of the denomination of the coin, either preceded by “$” or followed by “¢” as the case requires; and “AS” (being the initials of the designer Aleksandra Stokic).

 

Consistent with all Australian legal tender coinage, an effigy of Her Majesty Queen Elizabeth II will appear on the obverse side of the coins together with the inscriptions “ELIZABETH II”, “AUSTRALIA”, and “1952-2022” (being the dates of Her Majesty Queen Elizabeth II’s reign). The obverse design includes the initials of the designer Jody Clark “JC”.

 

On the obverse of the coins, the effigy is enclosed by a central circle and is surrounded by a stylistic representation of fast flowing water, fan palm fronds and vines, and rock formations. The design includes the following inscription: either “X OUNCE .9999 GOLD” or “X OUNCE FINE SILVER” as the case requires (where “X” is the nominal weight in ounces of the coin, expressed in words).

Overview

The Currency (Australian Coins) Amendment (2023 Royal Australian Mint No. 4) Determination 2023 was enacted to address the need for determining the characteristics of new non-circulating coins proposed to be issued by the Royal Australian Mint. This legislative instrument is made under the authority of the Assistant Minister for Competition, Charities and Treasury, and is in accordance with the Currency Act 1965. The primary objective of the Determination is to ensure that the Royal Australian Mint can continue its production of circulating and numismatic coins, thereby maintaining economic certainty and ensuring that the produced currency remains legal tender. This Determination sets out the specific characteristics of five new coins, including their denomination, composition, design, and dimensions, and is integral to the Mint's operations. The Determination does not require public consultation as it pertains to the technical aspects of coin production rather than public policy issues. The Currency (Australian Coins) Amendment (2023 Royal Australian Mint No. 4) Determination 2023 was issued by the Assistant Minister for Competition, Charities and Treasury and is compliant with human rights as it does not engage any of the applicable rights or freedoms. This legislative instrument is subject to disallowance and is not subject to sunsetting, ensuring that the currency produced by the Mints remains legal tender unless returned to a mint to be taken out of circulation in accordance with the Currency Act 1965. The Determination came into effect the day after its registration on the Federal Register of Legislation.

Scope and Application

The Currency (Australian Coins) Amendment (2023 Royal Australian Mint No. 4) Determination 2023 applies to the Royal Australian Mint, governing the characteristics of five new non-circulating coins it proposes to issue. The coins, which include commemorative designs such as the 35th Anniversary of Edward the Emu and Australian World Heritage Properties, will become legal tender once issued under the Currency Act 1965. This Act applies at the Commonwealth level, regulating the production of Australian coins to ensure they meet specific standards of denomination, composition, weight, design, and dimensions. The Determination amends the Currency (Australian Coins) Determination 2019, and the coins will not enter into circulation but will be available for purchase as legal tender. The instrument is subject to disallowance under the Legislation Act 2003 but is not subject to sunsetting as it ensures economic certainty by maintaining the legal tender status of the coins. The Determination does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Currency (Australian Coins) Amendment (2023 Royal Australian Mint No. 4) Determination 2023 primarily focuses on specifying the characteristics of five new non-circulating coins proposed for issuance by the Royal Australian Mint (section 1). These coins include the 2023 20c Coloured Uncirculated Coin and 2023 20c Coloured Gold-Plated Uncirculating Coin, both commemorating the 35th anniversary of Edward the Emu; the 2023 $5 Coloured Uncirculated Coin celebrating Australian World Heritage Properties; and the 2023 $100 Gold Coloured Proof Domed Coin and 2023 $5 Silver Coloured Proof Domed Coin, both under the theme Beauty Rich & Rare – Twelve Apostles (Schedule 1). The coin designs, inscriptions, and other relevant details are thoroughly described in the attached Schedule 1 to the Determination. The Act imposes specific obligations on the Royal Australian Mint to adhere to the determined coin characteristics as set forth in the Determination. The Mint is responsible for ensuring that the coins conform to the specifications outlined, including design, dimensions, weight, and composition, to maintain their status as legal tender. The Treasurer, under the authority of the Currency Act 1965, has the responsibility to authorise the issuance of these coins and to ensure they meet the legal tender requirements. Any breaches of the provisions set out in the Determination may result in civil or criminal consequences, although the specific offences and penalties are not detailed in the provided text. However, it is noted that the Determination is subject to disallowance under section 42 of the Legislation Act 2003, and failure to comply with the Act or the Determination could potentially lead to legal actions or penalties as prescribed by relevant laws. The Currency (Australian Coins) Amendment (2023 Royal Australian Mint No. 4) Determination 2023 ensures that the newly specified coins will become legal tender upon issuance, provided they meet the criteria set by the Determination. The instrument also ensures economic certainty by maintaining the legal status of the coins unless or until they are taken out of circulation in accordance with the Currency Act 1965.

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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.