Currency (Perth Mint) Determination 2005 (No. 3) Amendment Determination 2006 (No. 1)

Administered by Department of the Treasury

Legislation au F2006L01117 In force Legislative Instrument

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EXPLANATORY STATEMENT

Currency Act 1965

Currency (Perth Mint) Determination 2005 (No. 3) Amendment Determination 2006 (No. 1)

 

Under subsection 13A(1) of the Currency Act 1965, the Parliamentary Secretary to the Treasurer made a determination in late 2005 regarding the specifications of coins proposed to be issued by the Perth Mint.  The determination was Currency (Perth Mint) Determination 2005 (No. 3).

As required by subsection 13A(1), the determination must provide details of the coins’ characteristics including standard composition, standard weight, allowable variation from standard weight, design and dimensions.  However, the description of items 57 to 66 of Currency (Perth Mint) Determination 2005 (No. 3) did not include the necessary information relating to the year of minting. 

Therefore, a correction to the description of the obverse designs of the coins in that determination has been made.  Specifically, schedule 1, item 57 to 66 of Currency (Perth Mint) Determination 2005 (No. 3) have been corrected so that the description of the obverse design now shows the year of minting — 2006. 

Currency (Perth Mint) Determination 2005 (No. 3) Amendment Determination 2006 (No. 1) has been drafted to operate retrospectively to ensure that any coins made and issued by the Perth Mint under the Currency (Perth Mint) Determination 2005 (No. 3) were made in accordance with the Currency Act 1965.  Retrospectivity will not disadvantage anyone, including individuals that may have already purchased the coins.  Rather it will provide certainty about the legal status of all released coins. 

Such a determination is a disallowable instrument for the purposes of section 42 of the Legislative Instruments Act 2003 (section 13A(4) of the Currency Act 1965, section 57 of the Legislative Instruments Act 2003).

The explanatory statement for Currency (Perth Mint) Determination 2005 (No. 3) provided a full description of the coins that were approved.  The details surrounding the ‘Figures of Note’ coins have been replicated in full below to provide complete information on the coins. 

This amendment determination only corrects the omission of the details on the year of minting on a specific set of coins. 

•                 Figures of Note:  Portrait of H.M. Queen Elizabeth II

The coin illustrates design features of the one dollar note between 1966 and 1974.  The image of the silver and gold-plated silver (1 oz) coins features a representation of a portrait of H.M. Queen Elizabeth II as originally represented on the one dollar note with a colour washed background.

•                 Figures of Note:  Portraits of John Macarthur and William James Farrer

The coin illustrates design features of the two dollar note between 1966 and 1974.  The image of the silver and gold-plated silver (1 oz) coins features a representation of the portraits of John Macarthur and William James Farrer as originally represented on a two dollar note with a colour washed background.

•                 Figures of Note:  Portraits of Sir Joseph Banks and Caroline Chisholm

The coin illustrates design features of the five dollar note between 1967 and 1974.  The image of the silver and gold-plated silver (1 oz) coins features a representation of the portraits Sir Joseph Banks and Caroline Chisholm as originally represented on a five dollar note with a colour washed background.

•                 Figures of Note:  Portraits of Francis Greenway and Henry Lawson

The coin illustrates design features of the 10 dollar note between 1966 and 1974.  The image of the silver and gold-plated silver (1 oz) coins features a representation of the portraits of Francis Greenway and Henry Lawson as originally represented on a 10 dollar note with a colour washed background. 

•                 Figures of Note:  Portraits of Charles Kingsford Smith and Lawrence Hargrave

The coin illustrates design features of the 20 dollar note between 1966 and 1974.  The image of the silver and gold-plated silver (1 oz) coins features a representation of the portraits of Charles Kingsford Smith and Lawrence Hargrave as originally represented on a 20 dollar note with a colour washed background.

Obverse

Consistent with all Australian legal tender coinage, an effigy of Her Majesty Queen Elizabeth II will appear on the obverse sides of the coins.

Public consultation

No public consultation was undertaken in relation to the amending currency determination as it made a minor technical amendment.

The determination commences on 2 December 2005.

 

Overview

The Currency Act 1965, enacted by the Parliament of Australia, provides the legislative framework for the issuance of Australian currency, including coins. The Currency (Perth Mint) Determination 2005 (No. 3) Amendment Determination 2006 (No. 1) was introduced to correct an oversight in the previously established specifications of coins to be issued by the Perth Mint, specifically the omission of the year of minting for certain coins. This amendment was made to ensure compliance with the Currency Act 1965 by retroactively addressing the technical error, thus providing legal certainty regarding the status of the affected coins. The policy objective of this amendment was to rectify the specification details without creating any disadvantage to the public or affecting the legitimacy of coins already in circulation.

Scope and Application

The Currency (Perth Mint) Determination 2005 (No. 3) Amendment Determination 2006 (No. 1) pertains to the specifications of coins issued by the Perth Mint under the Currency Act 1965. This legislation applies to the Perth Mint, which is an entity responsible for minting Australian legal tender coins. The amendment addresses a technical oversight in the original determination by ensuring the obverse designs of the coins list the year of minting, in this case, 2006. The amendment operates retrospectively to validate the legal status of coins already minted and issued under the original determination, thereby providing certainty without disadvantaging any individuals who have purchased the coins. The determination is a disallowable instrument under the Legislative Instruments Act 2003. It specifically amends items 57 to 66 of the Currency (Perth Mint) Determination 2005 (No. 3) to correct the omission of the year of minting for the 'Figures of Note' coin series. This series features designs that replicate the portraits of notable figures on Australian banknotes from 1966 to 1974.

Key Provisions

The Currency (Perth Mint) Determination 2005 (No. 3) Amendment Determination 2006 (No. 1) amends the Currency (Perth Mint) Determination 2005 (No. 3) to correct an omission in the description of the obverse designs of coins minted by the Perth Mint for the year 2006. Specifically, the amendment rectifies the oversight in the description of items 57 to 66 of the original determination, ensuring that the year of minting is explicitly stated. This amendment was made in accordance with subsection 13A(1) of the Currency Act 1965, which mandates that determinations regarding the specifications of coins must include details such as standard composition, standard weight, allowable variations, design, and dimensions. Entities governed by this legislation, primarily the Perth Mint, have the obligation to ensure that all coins minted comply with the specifications outlined in the amended determination. This includes accurately depicting the year of minting on the obverse side of the coins, which now correctly indicates the year 2006 for the specified items. The Perth Mint must adhere to the corrected specifications to maintain the legal status of the coins as legal tender. There are no specific offences or penalties outlined in the Currency Act 1965 for breaches of the determinations concerning coin specifications. However, any failure to comply with the requirements of the Currency Act 1965 and the related determinations could potentially lead to legal actions under general provisions for non-compliance with legislative requirements. This might include civil actions for damages or criminal charges in cases of deliberate or negligent non-compliance. The maximum penalties for breaches of such legislative requirements would depend on the specific circumstances and the applicable laws at the time of the breach.

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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.