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This Act may be cited as the Crimes (Currency) Act 1981.
Sections 1, 2 and 3 shall come into operation on the day on which this Act receives the Royal Assent.
The remaining provisions of this Act shall come into operation on the day on which the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985 receives the Royal Assent.
In this Act, unless the contrary intention appears:
Australia includes the external Territories.
Australian money means a coin or paper money that is, by virtue of a law in force in Australia, lawfully current in Australia.
authorized person means the Treasurer or a person authorized, in writing, by the Treasurer for the purposes of the provision in which the expression occurs.
Convention means the International Convention for the Suppression of Counterfeiting Currency that was opened for signature at Geneva on 20 April 1929 and the protocol to that Convention, being the convention and protocol a copy of the English text of each of which is set out in the Schedule.
counterfeit money means:
any article, not being a genuine coin or genuine paper money, that resembles, or is apparently intended to resemble, or pass for, a genuine coin or genuine paper money; or
any article, being a genuine coin or genuine paper money, that has been altered in a material respect and in such a manner as to conceal, or to be apparently intended to conceal, the alteration;
and includes any such article whether it is or is not in a fit state to be uttered and whether the process of manufacture or alteration is or is not complete.
counterfeit prescribed security means:
any article, not being a prescribed security, that resembles, or is apparently intended to resemble, or pass for, a prescribed security; or
any article, being a prescribed security, that has been altered in a material respect and in such a manner as to conceal, or to be apparently intended to conceal, the alteration;
and includes any such article whether it is or is not in a fit state to be uttered and whether the process of manufacture or alteration is or is not complete.
excepted counterfeit coin means:
any article, not being a genuine coin, that resembles, or is apparently intended to resemble, or pass for, an excepted coin; or
any article, being an excepted coin, that has been altered in a material respect and in such manner as to conceal, or to be apparently intended to conceal, the alteration;
and includes any such article whether or not it is in a fit state to be uttered and whether the process of manufacture or alteration is or is not complete.
excepted coin means:
a coin that was a current coin in Australia at any time before 14 February 1966; or
a coin, other than a coin referred to in paragraph (a), that has been a current coin in a country other than Australia (whether or not the country concerned is still in existence) but is no longer a current coin in any country.
non‑excepted counterfeit money means counterfeit money other than an excepted counterfeit coin.
paper money means money comprising a note written, printed or otherwise made on paper or any other material.
possession includes custody.
prescribed security means any bond, debenture, stock, stock certificate, treasury bill or other like security, or any coupon, warrant or other document for the payment of money in respect of such a security, issued by the Commonwealth of Australia, by an authority of the Commonwealth of Australia or by, or with the authority of, the government of a country other than Australia.
For the purposes of this Act, a coin or paper money shall be taken to be a current coin, or current paper money if it is lawfully current in Australia or in a country other than Australia by virtue of a law in force in Australia or in that country, as the case may be.
For the purposes of this Act, a coin or paper money shall be taken to be a genuine coin or genuine paper money if it is, or has been, a current coin or current paper money in any country (whether or not the country concerned is still in existence).
Without limiting the meaning of the expression “deface”, a coin or paper money shall be taken to have been defaced for the purposes of this Act if some or all of its surfaces are coated with any material.
For the purposes of this Act, a reference in section 17 or 18 to the defacement, disfigurement or mutilation of a coin or paper money that is lawfully current in Australia shall be taken not to include a reference to the defacement, disfigurement or mutilation of a coin or paper money that is lawfully so current, being a defacement, disfigurement or mutilation that was authorized by the Commonwealth of Australia.
Without limiting the meaning of “country”, a reference to a country shall, for the purposes of this Act, be read as including a reference to a place that is a territory, dependency or colony (however so described) of another country.
Where a person, with intent to defraud, splits, cuts, tears or otherwise tampers with the paper or other material on which genuine paper money or a prescribed security is printed, written or made, in such a manner as to sever from the paper money or prescribed security any material part thereof:
he or she shall be deemed, for all purposes of this Act, to have made counterfeit money or a counterfeit prescribed security, as the case requires; and
the paper or other material from which a part has been severed and the part severed therefrom shall each be deemed, for all purposes of this Act, to be counterfeit money or a counterfeit prescribed security, as the case requires.
For the purposes of this Act, the references in sections 6, 9 and 11 to counterfeit money shall be construed as including references to such articles as would be counterfeit money if each reference in the definition of counterfeit money in subsection (1) of this section to a genuine coin or genuine paper money included a reference to a coin or paper money that was made at a place where the production of genuine coins or genuine paper money is or was carried on but was not itself a genuine coin or genuine paper money:
because it was made purely for experimental or design purposes and not for issue as a current coin or current paper money; or
because, although it was made for issue as a current coin or as current paper money, it has not been so issued.
This Act extends to every external Territory.
This Act extends, except so far as the contrary intention appears:
to acts, matters and things outside Australia, whether or not in a foreign country; and
to all persons, irrespective of their nationality or citizenship.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
A person shall not make, or begin to make, counterfeit money or a counterfeit prescribed security.
Penalty:
in the case of a person, not being a body corporate—imprisonment for 14 years; or
in the case of a person, being a body corporate—750 penalty units.
A person shall not:
utter counterfeit money, knowing it to be counterfeit money; or
utter a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.
Penalty:
in the case of a person, not being a body corporate—imprisonment for 12 years; or
in the case of a person, being a body corporate—600 penalty units.
A person shall not buy, sell, receive or dispose of, or offer to buy, sell, procure or dispose of, non‑excepted counterfeit money or a counterfeit prescribed security.
Subsection (1) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
A person shall not, with intent to defraud:
buy, sell, receive or dispose of; or
offer to buy, sell, procure or dispose of;
an excepted counterfeit coin.
Penalty:
in the case of a person, not being a body corporate—imprisonment for 12 years; or
in the case of a person, being a body corporate—600 penalty units.
A person shall not:
have in his or her possession counterfeit money (not being an excepted counterfeit coin), knowing it to be counterfeit money; or
have in his or her possession a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.
Subsection (1) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
It is a defence to a prosecution of a person for an offence against subsection (1) in relation to the possession of counterfeit money or a counterfeit prescribed security if the person charged establishes to the satisfaction of the court:
that he or she did not make the counterfeit money or counterfeit prescribed security; and
that he or she did not, after the time when he or she first learned that the counterfeit money or counterfeit prescribed security was counterfeit money or a counterfeit prescribed security or the time when he or she acquired the counterfeit money or counterfeit prescribed security, whichever was the later time, have a reasonable opportunity to surrender it to a member of the Australian Federal Police or of the police force of a State or Territory or to any other person prescribed for the purposes of this section.
A person shall not, with intent to defraud, have in the possession of the person an excepted counterfeit coin, knowing it to be counterfeit money.
Penalty:
in the case of a person, not being a body corporate—imprisonment for 10 years; or
in the case of a person, being a body corporate—500 penalty units.
A person shall not:
import into Australia or export from Australia counterfeit money, knowing it to be counterfeit money; or
import into Australia or export from Australia a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.
Penalty:
in the case of a person, not being a body corporate—imprisonment for 12 years; or
in the case of a person, being a body corporate—600 penalty units.
A person shall not:
make or mend, or begin or prepare to make or mend;
buy, sell, receive or dispose of, or offer to buy, sell, procure or dispose of; or
have in his or her possession;
a machine, engine, tool, plate, die or other instrument that, to his or her knowledge, has been used, has been adapted for use, or is intended for use, in, or in connection with, the making of counterfeit money or counterfeit prescribed securities.
Penalty:
in the case of a person other than a body corporate—imprisonment for 10 years; or
in the case of a body corporate—500 penalty units.
A person shall not:
buy, sell, receive or dispose of, or offer to buy, sell, procure or dispose of; or
have in his or her possession;
bullion, paper, metal, ink, dye or other material that, to his or her knowledge, has been used, or is intended for use, in, or in connection with, the making of counterfeit money or counterfeit prescribed securities.
Penalty:
in the case of a person, not being a body corporate—imprisonment for 10 years; or
in the case of a person, being a body corporate—500 penalty units.
Subsections (1) and (2) do not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).