Currency (Perth Mint) Determination (No. 2) 2019

Administered by Department of the Treasury

Legislation au F2019L00505 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Assistant Minister for Treasury and Finance

Currency Act 1965

Currency (Perth Mint) Determination (No. 2) 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 amend previously determined details of Australian coin characteristics of a collector coin being issued by The Perth Mint.  The instrument amends the Currency (Perth Mint) Determination (No. 1) 2019.

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.

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 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 taken on this amending legislative instrument. The effect of this legislative instrument is to adjust the determined explanation of the obverse design of a coin to enable The Perth Mint to continue its production of collector coins.

Members of the public have the opportunity to contact The Perth Mint to present any themes they would like to see commemorated on Australian legal tender. These concepts are then researched and presented to The Perth Mint’s sales and marketing department for consideration and feedback.

Statement of Compatibility with Human Rights

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

Currency (Perth Mint) Determination (No. 2) 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 amend previously determined details of Australian coin characteristics of a collector coin being issued by The Perth Mint.  The instrument amends the Currency (Perth Mint) Determination (No. 1) 2019.

 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 (Perth Mint) Determination (No. 2) 2019

Section 1 – Name

This section specifies the name of the Determination is the Currency (Perth Mint) Determination (No. 2) 2019 (the Amending Determination).

Section 2 – Commencement

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

Section 3 – Authority

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

Section 4 – Schedules

This section provides that each instrument identified in a Schedule to the Amending Determination is amended or repealed in accordance with this Amending Determination.

Schedule 1 – Amendments

Amendment of Currency (Perth Mint) Determination (No. 1) 2019

The amendment to the Currency (Perth Mint) Determination (No. 1) 2019 corrects a typographical error in the way the explanation of the obverse of specified coin is expressed.

These errors occurred due to an administrative error of the Perth Mint.

Overview

The Currency (Perth Mint) Determination (No. 2) 2019 was enacted to amend previously determined details of Australian coin characteristics for a collector coin being issued by The Perth Mint. This legislative instrument amends the Currency (Perth Mint) Determination (No. 1) 2019, adjusting the determined explanation of the obverse design of a coin to enable The Perth Mint to continue its production of collector coins. The determination was made under the authority of the Assistant Minister for Treasury and Finance, in accordance with the Currency Act 1965, which allows the Treasurer to specify details of Australian coin characteristics. The purpose of this amendment is to correct a typographical error in the explanation of the obverse of a specified coin, which occurred due to an administrative error of The Perth Mint. This legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Currency (Perth Mint) Determination (No. 2) 2019 applies to The Perth Mint, an entity authorised to produce Australian coins, and concerns the characteristics of collector coins it issues. This legislation amends the previously established details of these coin characteristics as outlined in the Currency (Perth Mint) Determination (No. 1) 2019. The instrument was made under the authority of the Currency Act 1965, which empowers the Treasurer to determine coin characteristics, and it came into effect on the day following its registration on the Federal Register of Legislation. The instrument's amendments pertain specifically to correcting a typographical error in the explanation of the obverse design of a specified coin, ensuring the continued production of collector coins by The Perth Mint. The legislation does not extend beyond these amendments and does not engage with any human rights considerations as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the Currency (Perth Mint) Determination (No. 2) 2019 pertain to the amendment of previously determined details of Australian coin characteristics, specifically a collector coin being issued by The Perth Mint. This determination, outlined in Section 4 of the instrument, amends the Currency (Perth Mint) Determination (No. 1) 2019. The primary focus of this amendment is to correct a typographical error in the description of the obverse of a specified coin, which arose due to an administrative error by The Perth Mint. This determination is made under the authority provided by subsection 13(2) and section 13A of the Currency Act 1965, which allows the Treasurer to determine details such as denomination, composition, weight, design, and dimensions of Australian coins. The obligations imposed by the Currency (Perth Mint) Determination (No. 2) 2019 primarily concern the correction and clarification of the coin characteristics as previously determined. The Perth Mint, as the entity responsible for the production and issuance of these coins, is obligated to ensure that the corrected information regarding the coin's obverse design is accurately reflected in their manufacturing processes. This includes any promotional or informational materials provided to the public regarding the collector coin. The Treasurer, through this determination, ensures that the coins comply with the legal standards set forth by the Currency Act 1965, maintaining the integrity and legal status of the coins as legal tender. There are no explicit offences or penalties outlined in the Currency (Perth Mint) Determination (No. 2) 2019 itself. However, any breach of the requirements set by the Currency Act 1965, from which this determination derives its authority, could result in civil or criminal consequences. For instance, producing or issuing coins that do not meet the specified standards could lead to legal action under the Currency Act, with potential penalties including fines or other sanctions as determined by the relevant authorities. The Act provides a framework for ensuring the accuracy and integrity of Australian currency, and any failure to comply with these standards could be subject to enforcement actions. The Currency (Perth Mint) Determination (No. 2) 2019 commenced the day after it was registered on the Federal Register of Legislation. It is subject to disallowance under section 42 of the Legislation Act 2003, which means that it could be overturned by either house of Parliament within a specified period. The instrument does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011, and it has been deemed compatible with human rights as it does not raise any human rights issues. This legislative instrument serves to correct an administrative error and ensure the continued compliance of The Perth Mint's collector coin production with Australian legal standards.

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Currency Law
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Legislative Instrument
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Commencement Provisions
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.