Currency (Australian Coins) Amendment (Miscellaneous Amendments No. 1) Determination 2021

Administered by Department of the Treasury

Legislation au F2021L00100 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Assistant Treasurer, Minister for Housing and Minister for Homelessness, Social and Community Housing

Currency Act 1965

Currency (Australian Coins) Amendment (Miscellaneous Amendments No. 1) Determination 2021

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 amend the determination of one coin 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.

Consultation

No public consultation was undertaken in relation to this legislative instrument. The effect of this instrument is to make a minor amendment to the determination of one new Australian coin which will enable the Royal Australian Mint to begin its production of that coin.

Statement of Compatibility with Human Rights

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

Currency (Australian Coins) Amendment (Miscellaneous Amendments No. 1) Determination 2021

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 make a minor amendment to the determination of one coin 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 (Miscellaneous Amendments No. 1) Determination 2021

Section 1 – Name

This section provides that the name of the Determination is the Currency (Australian Coins) Amendment (Miscellaneous Amendments No. 1) Determination 2021.

Section 2 – Commencement

This section provides 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

2021 $1 Coloured Uncirculated Coin – Centenary of Rotary

Item 1 amends the description of the colour of the Rotary International Mark of Excellence as depicted on the 2021 $1 coloured uncirculated coin from orange to blue. After initial production trials, it was determined that blue was a more suitable colour to be depicted on a coin composed of copper, aluminium and nickel. The previous orange design was too difficult to see and the text elements were illegible once printed on the coin.

Overview

The Currency (Australian Coins) Amendment (Miscellaneous Amendments No. 1) Determination 2021 was enacted to address a specific issue with the design of a proposed 2021 $1 coloured uncirculated coin commemorating the Centenary of Rotary International. The determination was issued under the authority of the Currency Act 1965, which empowers the Treasurer to establish characteristics of Australian coins including their design. The Currency Act 1965, administered by the Commonwealth Parliament, is the foundational piece of legislation governing the production and issuance of Australian currency. The policy objective behind this amendment was to ensure the coin's design was both visible and legible, thereby maintaining the integrity and recognisability of Australian legal tender. This minor amendment was necessary after initial production trials revealed issues with the original orange design, which was deemed unsuitable for the coin’s metallic composition.

Scope and Application

The Currency (Australian Coins) Amendment (Miscellaneous Amendments No. 1) Determination 2021 amends the determination of one Australian coin issued under the Currency Act 1965, specifically altering the colour of the Rotary International Mark of Excellence on the 2021 $1 coloured uncirculated coin from orange to blue. This change was made to improve the coin's visibility and legibility, following production trials that showed the original orange design was not suitable for the coin's composition of copper, aluminium, and nickel. The Act applies to the production and issuance of Australian coins, and the Determination is made under the authority granted by the Currency Act 1965, with the Treasurer being the primary figure responsible for determining the characteristics of Australian coins. The amendment is limited in scope, affecting only the specified coin, and does not extend to other coins or coin characteristics. The Determination applies nationally across Australia, aligning with the federal jurisdiction of currency issuance and regulation. There are no stated exclusions or exemptions in this particular Determination, but the broader legislative framework may contain such provisions. The Determination commenced on the day after its registration on the Federal Register of Legislation and is subject to disallowance under the Legislation Act 2003.

Key Provisions

The Currency (Australian Coins) Amendment (Miscellaneous Amendments No. 1) Determination 2021 amends the specifications for a new Australian coin as outlined in the Currency Act 1965 (sections 13(2) and 13A). Specifically, it modifies the description of the colour of the Rotary International Mark of Excellence on the 2021 $1 coloured uncirculated coin, changing it from orange to blue (Schedule 1, Item 1). This change was made based on production trials that showed the orange design was too difficult to discern and rendered text illegible on the coin, which is composed of copper, aluminium, and nickel. The obligations imposed by this determination are primarily on the Royal Australian Mint, which is now authorised to begin production of the amended coin. This includes ensuring that the new design specifications are adhered to, particularly the change in colour of the Rotary International Mark of Excellence. The Mint must also ensure that all coins produced meet the legal tender requirements set out in the Currency Act 1965. Breaches of the specifications outlined in this determination could potentially lead to legal consequences. If coins are produced that do not meet the amended specifications, they could be deemed non-compliant and not recognised as legal tender. While specific offences and penalties are not detailed in the Determination, non-compliance with the Currency Act 1965 generally could result in civil or criminal penalties. These could include fines or other legal actions as determined by relevant authorities. The exact penalties would depend on the nature and extent of the non-compliance, but they could potentially be significant given the legal framework in place for the regulation of Australian currency.

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Currency Law
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Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
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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.