Overview

The Currency (Perth Mint) Amendment Determination (No. 2) 2018 was enacted to amend the previously determined specifications of a numismatic coin produced by The Perth Mint. This amendment was necessary because certain coins were not manufactured within the initially determined specifications, and this determination seeks to reflect the actual specifications achieved through the manufacturing process. The Currency Act 1965 provides the legislative framework for this amendment, and it was enacted by the Assistant Minister to the Treasurer under subsection 13A(1) of the Act. The amendment does not impose any new liabilities or disadvantage existing rights of individuals, aligning with the requirements set out in the Legislation Act 2003. The determination was made without public consultation, reflecting its technical nature and the specific adjustments needed to align with manufacturing capabilities. This Legislative Instrument has been assessed for compatibility with human rights, and it has been determined that it does not engage any applicable rights or freedoms, thereby upholding the standards set by the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Currency (Perth Mint) Amendment Determination (No. 2) 2018 amends the previously made Currency (Perth Mint) Determination (No. 1) 2018 concerning the specifications of coins issued by the Perth Mint. This amendment specifically rectifies discrepancies in the maximum diameter and thickness of a numismatic coin, ensuring that the coins manufactured align with the originally intended specifications as outlined under the Currency Act 1965. The amendment is applicable to the Perth Mint, an entity responsible for producing Australian legal tender, and affects only the particular coin whose specifications were not met in the initial production. This determination applies at a Commonwealth level and does not extend to state or territory jurisdictions. The amendment does not impose any new liabilities or affect the rights of individuals adversely, as it corrects an oversight in the manufacturing process rather than introducing new legislative requirements. Additionally, no public consultation was undertaken for this specific amendment, although the public can still suggest themes for future coin designs through The Perth Mint.

Key Provisions

The Currency (Perth Mint) Amendment Determination (No. 2) 2018 amends the Currency (Perth Mint) Determination (No. 1) 2018 to reflect the actual specifications achieved by the manufacturing process of one numismatic coin to be released by The Perth Mint. The amendment specifically adjusts the maximum diameter and maximum thickness of the coin, as stated in Item 11 of Schedule 1, Part 1 of the original determination (section 13A(1) of the Currency Act 1965). This adjustment ensures that the coin adheres to the manufacturing capabilities and quality standards of The Perth Mint. Under the Currency Act 1965, the Assistant Minister to the Treasurer has the authority to make determinations regarding the design and specifications of coins issued by The Perth Mint. This includes setting standards for composition, weight, dimensions, and design. The amendment determination is designed to correct any discrepancies between the proposed specifications and the actual manufacturing capabilities. The Currency (Perth Mint) Amendment Determination (No. 2) 2018 ensures that the coin meets the required standards and specifications, thereby maintaining the integrity and quality of Australian legal tender. Parties governed by the Currency Act 1965, particularly The Perth Mint, are obligated to adhere to the specifications set out in these determinations. The Mint must ensure that all coins produced meet the standards for composition, weight, dimensions, and design as specified in the Currency (Perth Mint) Determination (No. 1) 2018 and its amendments. Failure to comply with these specifications could result in non-compliance with the Act, potentially leading to enforcement actions by the Assistant Minister to the Treasurer. There are no specific offences, penalties, or civil/criminal consequences outlined in the Currency (Perth Mint) Amendment Determination (No. 2) 2018. However, any breach of the Currency Act 1965 or the specifications set out in the determinations could lead to regulatory action by the Assistant Minister to the Treasurer. Such actions may include requiring The Perth Mint to correct the non-compliance, imposing fines, or other administrative measures to ensure adherence to the Act's requirements. The determination itself is a disallowable instrument under section 42 of the Legislation Act 2003, meaning it can be subject to disallowance by Parliament within the specified period.