EXPLANATORY STATEMENT
CRIMES (CURRENCY) ACT 1981
Disposal of Forfeited Articles Direction 2012
The Crimes (Currency) Act 1981 creates various offence provisions in relation to acts associated with counterfeit money and securities. They include offences relating to the manufacture, design, purchase and selling of counterfeit money, and instruments used for counterfeiting.
In accordance with subsection 29(7) of the Act, articles condemned as forfeited to the Commonwealth shall be disposed of in accordance with a direction of the Treasurer.
This power is presently delegated under the Disposal of Forfeited Articles Direction 2009. This Direction permits the Governor of the Reserve Bank of Australia (RBA), the Senior Manager, Communication and Risk, Note Issue Department, RBA and the Manager, Counterfeits and Research, Note Issue Department, RBA to take possession of the forfeited article (i.e. counterfeit money or security) and destroy the article; give the forfeited article to the Commissioner of the Australian Federal Police; give the forfeited article to the Chief Executive Officer of the Royal Australian Mint or retain the article in the possession of the RBA.
The RBA requested an amendment to the Direction to reflect a restructure within the Reserve Bank. The Direction will delegate power to the Governor of the RBA, the Senior Manager, Communication, Note Issue Department, RBA and the Manager, Counterfeits and Research, Note Issue Department, RBA.
This does not reflect any significant change to the powers in the previous instrument.
Public consultation
No public consultation was undertaken in relation to the currency Direction as it has limited public interest. Relevant officers in the RBA have seen the instrument and agree with the terms.
The Direction commences on the day after it is registered.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Disposal of Forfeited Articles Direction 2012
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 all the Reserve Bank of Australia to take possession, use and/or destroy forfeited articles under subsection 29 (7) of the Crimes (Currency) Act 1981.
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.
Overview
The Disposal of Forfeited Articles Direction 2012 amends the existing legislative framework under the Crimes (Currency) Act 1981. Enacted by the Australian Government, this Direction was introduced to streamline the process of dealing with articles condemned as forfeited to the Commonwealth, specifically counterfeit money and securities. In line with the requirements of the Crimes (Currency) Act 1981, this Direction delegates the power to the Governor of the Reserve Bank of Australia, the Senior Manager, Communication, Note Issue Department, RBA and the Manager, Counterfeits and Research, Note Issue Department, RBA to manage forfeited articles by destroying them, transferring them to relevant authorities, or retaining them within the Reserve Bank of Australia. The objective of this Direction is to facilitate an efficient and effective procedure for the disposal of forfeited articles while maintaining compliance with the overarching legislative intent of the Crimes (Currency) Act 1981.
Scope and Application
The Disposal of Forfeited Articles Direction 2012 applies to the Reserve Bank of Australia (RBA) and its designated officers in relation to the management of articles that have been condemned as forfeited to the Commonwealth under the Crimes (Currency) Act 1981. The Act itself pertains to offences associated with counterfeit money and securities, including the manufacture, design, purchase, and selling of counterfeit currency and related instruments. The Direction is a Commonwealth instrument, and its application is confined to the management of forfeited articles within Australia. The Direction permits the Governor of the RBA, the Senior Manager, Communication, Note Issue Department, RBA, and the Manager, Counterfeits and Research, Note Issue Department, RBA to either destroy the forfeited articles, hand them over to the Commissioner of the Australian Federal Police, the Chief Executive Officer of the Royal Australian Mint, or retain them in the possession of the RBA. This Direction is an amendment to the previous Disposal of Forfeited Articles Direction 2009, reflecting an internal restructure within the Reserve Bank, but it does not introduce any significant changes to the powers previously outlined. This Direction has been developed in accordance with the Crimes (Currency) Act 1981 and does not require public consultation due to its limited public interest.
Key Provisions
The Disposal of Forfeited Articles Direction 2012, issued under the Crimes (Currency) Act 1981, provides guidelines for the disposition of articles that have been condemned as forfeited to the Commonwealth due to their connection with counterfeit currency. This direction (subsection 29(7)) allows for the disposal of such forfeited articles by either destroying them, handing them over to the Australian Federal Police, the Royal Australian Mint, or retaining them within the Reserve Bank of Australia (RBA). The key personnel designated to carry out these actions are the Governor of the RBA, the Senior Manager, Communication, Note Issue Department, and the Manager, Counterfeits and Research, Note Issue Department, RBA. This delegation of authority reflects a recent restructuring within the RBA but does not introduce any significant changes to the powers previously outlined in the 2009 Direction.
Under this Direction, the RBA is mandated to manage forfeited articles in accordance with the specified procedures. The primary obligation of the designated RBA officials is to ensure that forfeited articles are appropriately dealt with, whether by destruction, transfer to law enforcement agencies, minting authorities, or retention. This ensures that counterfeit currency does not re-enter circulation and that the authorities have access to these items for investigative and educational purposes.
Failure to comply with the provisions of this Direction could potentially lead to legal repercussions. While specific offences and penalties are not detailed within the Direction itself, breaches of the underlying Crimes (Currency) Act 1981 can result in substantial penalties. For instance, offences related to the manufacture, design, or possession of counterfeit currency can lead to fines and imprisonment, reflecting the seriousness with which the law treats such activities. The exact penalties would depend on the specific offence committed and the circumstances surrounding it.
In summary, the Disposal of Forfeited Articles Direction 2012 provides a clear framework for the handling of confiscated counterfeit currency within Australia. It ensures that these items are dealt with in a manner that prevents their re-circulation and supports law enforcement and educational efforts. The Direction also maintains compatibility with human rights, as it does not engage any of the rights or freedoms outlined in relevant international instruments.