EXPLANATORY STATEMENT
CRIMES (CURRENCY) ACT 1981
Disposal of Forfeited Articles Direction 2014
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 2012. This Direction permits the Governor of the Reserve Bank of Australia (RBA), the Senior Manager, Communication, 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, Head of Note Issue, RBA, the Senior Manager, Communication, Note Issue Department, RBA, the Head Scientist, 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 2014
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 allow certain officials from 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.