{"id":"C2004A02499","name":"Crimes (Currency) Act 1981","slug":"crimes-currency-act-1981","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"122 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7032,"registerId":"commonwealth-C2004A02499-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Crimes (Currency) Act 1981.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Sections 1, 2 and 3 shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) 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.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australia includes the external Territories.\n\n> Australian money means a coin or paper money that is, by virtue of a law in force in Australia, lawfully current in Australia.\n\n> 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.\n\n> 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.\n\n> counterfeit money means:\n\n    (a) 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\n    (b) 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;\n  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.\n\n> counterfeit prescribed security means:\n\n    (a) any article, not being a prescribed security, that resembles, or is apparently intended to resemble, or pass for, a prescribed security; or\n    (b) 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;\n  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.\n\n> excepted counterfeit coin means:\n\n    (a) any article, not being a genuine coin, that resembles, or is apparently intended to resemble, or pass for, an excepted coin; or\n    (b) 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;\n  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.\n\n> excepted coin means:\n\n    (a) a coin that was a current coin in Australia at any time before 14 February 1966; or\n    (b) 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.\n\n> non‑excepted counterfeit money means counterfeit money other than an excepted counterfeit coin.\n\n> paper money means money comprising a note written, printed or otherwise made on paper or any other material.\n\n> possession includes custody.\n\n> 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.\n\n  (2) 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.\n  (3) 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).\n  (4) 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.\n  (5) 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.\n  (6) 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.\n  (7) 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:\n    (a) 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\n    (b) 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.\n  (8) 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:\n    (a) because it was made purely for experimental or design purposes and not for issue as a current coin or current paper money; or\n    (b) because, although it was made for issue as a current coin or as current paper money, it has not been so issued.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Extension of Act to Territories","content":"#### 4 Extension of Act to Territories\n\n  This Act extends to every external Territory.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Extra‑territorial operation of Act","content":"#### 5 Extra‑territorial operation of Act\n\n  This Act extends, except so far as the contrary intention appears:\n    (a) to acts, matters and things outside Australia, whether or not in a foreign country; and\n    (b) to all persons, irrespective of their nationality or citizenship.","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 5A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":6},{"sectionNumber":"Part II","sectionType":"part","heading":"Offences","content":"## Part II—Offences","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Making counterfeit money or counterfeit securities","content":"#### 6 Making counterfeit money or counterfeit securities\n\n  A person shall not make, or begin to make, counterfeit money or a counterfeit prescribed security.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 14 years; or\n    (b) in the case of a person, being a body corporate—750 penalty units.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Uttering counterfeit money or counterfeit securities","content":"#### 7 Uttering counterfeit money or counterfeit securities\n\n  A person shall not:\n    (a) utter counterfeit money, knowing it to be counterfeit money; or\n    (b) utter a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 12 years; or\n    (b) in the case of a person, being a body corporate—600 penalty units.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Buying or selling non‑excepted counterfeit money or counterfeit securities","content":"#### 8 Buying or selling non‑excepted counterfeit money or counterfeit securities\n\n  (1) 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.\n  (1A) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n  (2) A person shall not, with intent to defraud:\n    (a) buy, sell, receive or dispose of; or\n    (b) offer to buy, sell, procure or dispose of;\n  an excepted counterfeit coin.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 12 years; or\n    (b) in the case of a person, being a body corporate—600 penalty units.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Possessing counterfeit money or counterfeit securities","content":"#### 9 Possessing counterfeit money or counterfeit securities\n\n  (1) A person shall not:\n    (a) have in his or her possession counterfeit money (not being an excepted counterfeit coin), knowing it to be counterfeit money; or\n    (b) have in his or her possession a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.\n  (1A) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n  (2) 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:\n    (a) that he or she did not make the counterfeit money or counterfeit prescribed security; and\n    (b) 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.\n  (3) 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.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 10 years; or\n    (b) in the case of a person, being a body corporate—500 penalty units.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Import and export of counterfeit money or counterfeit securities","content":"#### 10 Import and export of counterfeit money or counterfeit securities\n\n  A person shall not:\n    (a) import into Australia or export from Australia counterfeit money, knowing it to be counterfeit money; or\n    (b) import into Australia or export from Australia a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 12 years; or\n    (b) in the case of a person, being a body corporate—600 penalty units.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Instruments and material used for counterfeiting","content":"#### 11 Instruments and material used for counterfeiting\n\n  (1) A person shall not:\n    (a) make or mend, or begin or prepare to make or mend;\n    (b) buy, sell, receive or dispose of, or offer to buy, sell, procure or dispose of; or\n    (c) have in his or her possession;\n  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.\n\nPenalty:\n\n    (a) in the case of a person other than a body corporate—imprisonment for 10 years; or\n    (b) in the case of a body corporate—500 penalty units.\n  (2) A person shall not:\n    (a) buy, sell, receive or dispose of, or offer to buy, sell, procure or dispose of; or\n    (b) have in his or her possession;\n  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.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 10 years; or\n    (b) in the case of a person, being a body corporate—500 penalty units.\n  (3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Persons shall not import or export instruments for counterfeiting etc.","content":"#### 12 Persons shall not import or export instruments for counterfeiting etc.\n\n  A person shall not import into Australia or export from Australia:\n    (a) 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; or\n    (b) 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.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 10 years; or\n    (b) in the case of a person, being a body corporate—500 penalty units.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Conveying instruments or materials from premises","content":"#### 13 Conveying instruments or materials from premises\n\n  (1) A person shall not intentionally convey out of any premises at which the production of genuine coins, genuine paper money or prescribed securities is or was carried on:\n    (a) any machine, engine, tool, plate, die or other instrument used, or capable of use, in, or in connection with, the manufacture of genuine coins, genuine paper money or prescribed securities or any part of any such instrument;\n    (b) any bullion, paper, metal, ink, dye or other material used, or capable of use, in, or in connection with, the manufacture of genuine coins, genuine paper money or prescribed securities;\n    (c) any designs or drawings relating to the making of coins or paper money for issue as current coins or current paper money or for experimental or design purposes in connection with the issue of current coins or current paper money;\n    (d) any designs or drawings relating to the making of articles for issue as prescribed securities or for experimental or design purposes in connection with the issue of prescribed securities;\n    (e) any coin or paper money that has been made for the purpose of issue as a current coin or current paper money but has not been so issued;\n    (f) any coin or paper money that has been made for experimental or design purposes in connection with the issue of a current coin or current paper money; or\n    (g) any article:\n    (i) that has been made for the purpose of issue as a prescribed security but has not been so issued; or\n    (ii) that has been made for experimental or design purposes in connection with the issue of a prescribed security.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 10 years; or\n    (b) in the case of a person, being a body corporate—500 penalty units.\n  (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Information with respect to counterfeit money or counterfeit securities","content":"#### 14 Information with respect to counterfeit money or counterfeit securities\n\n  (1) A person shall not give, or offer to give, information with respect to the manner in which or the means by which counterfeit money or counterfeit prescribed securities may be made, bought, sold, procured or disposed of.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 5 years or 100 penalty units, or both; or\n    (b) in the case of a person, being a body corporate—200 penalty units.\n  (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Possessing filings, clippings etc.","content":"#### 15 Possessing filings, clippings etc.\n\n  (1) A person shall not have in his or her possession any material that, to his or her knowledge, was obtained by dealing with genuine coin in such a manner as to diminish its weight, whether that material consists of filings, clippings, dust, bullion or diminished coin, is in solution or is in any other form.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 5 years or 100 penalty units, or both; or\n    (b) in the case of a person, being a body corporate—200 penalty units.\n  (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Defacing or destroying current coins or current paper money","content":"#### 16 Defacing or destroying current coins or current paper money\n\n  A person shall not, without the consent, in writing, of an authorized person, intentionally deface, disfigure, mutilate or destroy any coin or paper money that is lawfully current in Australia.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 2 years or 50 penalty units, or both; or\n    (b) in the case of a person, being a body corporate—100 penalty units.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Selling defaced coins or paper money","content":"#### 17 Selling defaced coins or paper money\n\n  A person shall not sell or offer to sell a coin or paper money that is lawfully current in Australia and that has been defaced, disfigured or mutilated, knowing it to have been defaced, disfigured or mutilated.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 2 years or 50 penalty units, or both; or\n    (b) in the case of a person, being a body corporate—100 penalty units.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Possessing defaced coins or paper money","content":"#### 18 Possessing defaced coins or paper money\n\n  A person shall not have in his or her possession for sale a coin or paper money that is lawfully current in Australia and that has been defaced, disfigured or mutilated, knowing it to have been defaced, disfigured or mutilated.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 2 years or 50 penalty units, or both; or\n    (b) in the case of a person, being a body corporate—100 penalty units.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Persons not to design, make, print or distribute material of certain kinds","content":"#### 19 Persons not to design, make, print or distribute material of certain kinds\n\n  (1) A person shall not, without the consent, in writing, of an authorized person, design, make, print or distribute:\n    (a) a business or professional card, notice, placard, circular, hand‑bill, poster or other material that so resembles current paper money or an Australian prescribed security as to be capable of misleading a person into believing it is that current paper money or that Australian prescribed security; or\n    (b) a newspaper, journal, magazine, notice, placard, circular, hand‑bill, poster, business or professional card or other material that includes a representation of current paper money or an Australian prescribed security that is, when detached from the newspaper, journal, magazine, notice, placard, circular, hand‑bill, poster, business or professional card or other material in which it is included, capable of misleading a person into believing that it is that current paper money or that Australian prescribed security.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 2 years or 50 penalty units, or both; or\n    (b) in the case of a person, being a body corporate—100 penalty units.\n  (2) Where an authorized person gives a consent for the purposes of subsection (1), he or she may give that consent either unconditionally or subject to such conditions as he or she thinks appropriate.\n  (3) In this section, Australian prescribed security does not include a prescribed security, being a bond, debenture, stock, stock certificate, treasury bill or other like security, or a coupon, warrant or document for the payment of money in respect of such a security, issued by, or with the authority of, the government of a country other than Australia.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Import and export of certain material forbidden","content":"#### 20 Import and export of certain material forbidden\n\n  A person shall not, without the consent, in writing, of an authorized person, import into Australia or export from Australia:\n    (a) any business or professional card, notice, placard, circular, hand‑bill, poster or other material of the kind referred to in paragraph 19(1)(a); or\n    (b) any newspaper, journal, magazine, notice, placard, circular, hand‑bill, poster, business or professional card or other material of the kind referred to in paragraph 19(1)(b).\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 2 years or 50 penalty units, or both; or\n    (b) in the case of a person, being a body corporate—100 penalty units.","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Machines etc. operated by coins or paper money","content":"#### 21 Machines etc. operated by coins or paper money\n\n  (1) A person shall not make or sell an article with intent that the article be used (whether by himself or herself or by another person), in substitution for a current coin or current paper money, for operating a machine that is designed to receive current coins or current paper money.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 6 months or 20 penalty units, or both; or\n    (b) in the case of a person, being a body corporate—50 penalty units.\n  (1A) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n  (2) A person shall not import into Australia or export from Australia an article that, to his or her knowledge, has been made for use in substitution for a current coin or current paper money, for operating a machine that is designed to receive current coins or current paper money.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—imprisonment for 6 months or 20 penalty units, or both; or\n    (b) in the case of a person, being a body corporate—50 penalty units.\n  (3) A person shall not have in his or her possession an article with intent that the article be used (whether by himself or herself or by another person), in substitution for a current coin or current paper money, for operating a machine that is designed to receive current coins or current paper money.\n\nPenalty:\n\n    (a) in the case of a person, not being a body corporate—20 penalty units; or\n    (b) in the case of a person, being a body corporate—50 penalty units.\n  (3A) Subsection (3) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).\n\n  (4) A person shall not use an article, in substitution for a current coin or current paper money, with the intention of operating a machine that is designed to receive current coins or current paper money.\n\nPenalty for an offence against this subsection:\n\n    (a) in the case of a person, not being a body corporate—20 penalty units; or\n    (b) in the case of a person, being a body corporate—50 penalty units.","sortOrder":23},{"sectionNumber":"Part III","sectionType":"part","heading":"Miscellaneous","content":"## Part III—Miscellaneous","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Interpretation","content":"#### 22 Interpretation\n\n  In this Part, a reference to an offence against a provision of this Act shall be taken to include a reference to an offence, in relation to an offence created by a provision of this Act, against section 6 of the Crimes Act 1914 or section 11.1 or 11.4 of the Criminal Code.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Liability to prosecution","content":"#### 23 Liability to prosecution\n\n  (1) A person is not liable to be charged with an offence against a provision of this Act unless:\n    (a) the offence is committed in Australia or on an Australian ship or Australian aircraft; or\n    (b) the offence, not being an offence referred to in paragraph (a), relates to Australian money.\n  (2) For the purpose of subsection (1):\n\n> Australian aircraft means:\n\n    (a) an aircraft registered or required to be registered under regulations made under the Civil Aviation Act 1988;\n    (b) an aircraft that is owned by, or is in the possession or control of, the Commonwealth or an authority of the Commonwealth; or\n    (c) an aircraft of any part of the Defence Force, including an aircraft that is being commanded or piloted by a member of that Force in the course of his or her duties as such a member.\n\n> Australian ship means:\n\n    (a) a ship registered in Australia or an external Territory under an Act or Imperial Act relating to the registration of ships that is applicable throughout the whole of Australia and the external Territories, not being an Act or Imperial Act relating to the registration of ships for a particular purpose or purposes only;\n    (b) any other ship (not being a ship registered in a foreign country) the operations of which are based in a place or places in Australia or an external Territory or which is wholly owned by a person who, or persons each of whom, is a natural person resident in, or a company incorporated in, Australia or an external Territory; or\n    (c) a ship that belongs to an arm of the Defence Force.","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Prosecution of offences against Act","content":"#### 24 Prosecution of offences against Act\n\n  (1) Subject to subsection (2), an offence against this Act (other than an offence against subsection 21(1), (2), (3) or (4)) is an indictable offence.\n  (2) Notwithstanding that an offence against this Act (other than an offence against subsection 21(1), (2), (3) or (4)) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.\n  (3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence against this Act, the penalty that the court may impose is:\n    (a) in the case of a person, not being a body corporate—imprisonment for a period not exceeding 12 months or a fine not exceeding 20 penalty units, or both; or\n    (b) in the case of a person, being a body corporate—a fine not exceeding 50 penalty units.","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Jurisdiction of courts","content":"#### 25 Jurisdiction of courts\n\n  A provision of the Judiciary Act 1903 by which a court of a State is invested with jurisdiction with respect to offences against the laws of the Commonwealth has effect, in relation to offences against this Act, as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Section 38 of Judiciary Act","content":"#### 26 Section 38 of Judiciary Act\n\n  A matter arising under this Act, including a question of interpretation of the Convention for the purposes of this Act, shall, for the purposes of section 38 of the Judiciary Act 1903, be deemed not to be a matter arising directly under a treaty.","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Evidence of examiners of counterfeit foreign money or counterfeit foreign securities","content":"#### 27 Evidence of examiners of counterfeit foreign money or counterfeit foreign securities\n\n  (1) The Treasurer may, by instrument in writing, appoint appropriately qualified persons to be examiners of counterfeit foreign coin for the purposes of this Act.\n  (2) The Treasurer may, by instrument in writing, appoint appropriately qualified persons to be examiners of counterfeit foreign paper money for the purposes of this Act.\n  (3) The Treasurer may, by instrument in writing, appoint appropriately qualified persons to be examiners of counterfeit foreign prescribed securities for the purposes of this Act.\n  (4) Subject to subsection (6), a certificate of:\n    (a) an examiner of counterfeit foreign coin appointed under subsection (1);\n    (b) an examiner of counterfeit foreign paper money appointed under subsection (2); or\n    (c) an examiner of counterfeit foreign prescribed securities appointed under subsection (3);\n  stating that he or she has examined an article described in the certificate and stating the result of his or her examination is admissible in evidence in a proceeding for an offence against a provision of this Act and is prima facie evidence of the facts or matters stated in the certificate and of the correctness of the result of the examination.\n  (5) For the purpose of this section, a document purporting to be a certificate referred to in subsection (4) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.\n  (6) A certificate shall not be received in evidence in pursuance of subsection (4) in a proceeding for an offence unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceeding.\n  (7) Where, in pursuance of subsection (4), a certificate of an examiner of counterfeit foreign coin, an examiner of counterfeit foreign paper money or an examiner of counterfeit foreign prescribed securities is admitted in evidence in a proceeding for an offence, the person charged with the offence may require the examiner to be called as a witness for the prosecution and the examiner may be cross‑examined as if he or she had given evidence of the matters stated in the certificate.\n  (8) In this section:\n\n> counterfeit foreign coin means counterfeit foreign money consisting of coin.\n\n> counterfeit foreign paper money means counterfeit foreign money consisting of paper money.\n\n  (9) A reference in subsection (8) to counterfeit foreign money shall be read as a reference to an article that would be counterfeit money if the reference in subsection 3(3) to any country were to be read as a reference to a country other than Australia.\n  (10) A reference in this section to counterfeit foreign prescribed securities shall be read as a reference to articles that would be counterfeit prescribed securities if the references in the definition of prescribed security in subsection 3(1) to the Commonwealth of Australia and the reference in that definition to an authority of the Commonwealth of Australia were disregarded.","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Counterfeit money to be rendered incapable of use","content":"#### 28 Counterfeit money to be rendered incapable of use\n\n  (1) Where a person charged with the receipt or disbursement of public moneys or an officer of an ADI or of the Reserve Bank Service is presented with non‑excepted counterfeit money at his or her place of business, he or she shall:\n    (a) to the extent that the counterfeit money consists of paper money—stamp or write in plain letters the word “counterfeit” upon each face of each item of that paper money that is so presented to him or her; and\n    (b) to the extent that the counterfeit money consists of coins—cause each such coin that is so presented to him or her to be forwarded to the Royal Australian Mint as soon as practicable after it is received by him or her.\n  (2) Where the Royal Australian Mint receives a counterfeit coin (not being an excepted counterfeit coin) forwarded to it, whether in pursuance of subsection (1) or in any other manner, the officer in charge of the Mint shall cause the coin to be rendered incapable of use.\n  (3) In subsection (1):\n\n> ADI (authorised deposit‑taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959.","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Forfeiture and seizure","content":"#### 29 Forfeiture and seizure\n\n  (1) Subject to section 29A, the following articles are forfeited to the Commonwealth:\n    (a) all counterfeit money or counterfeit prescribed securities;\n    (b) all machines, engines, tools, plates, dies or other instruments (including all parts thereof), being instruments:\n    (i) that are known to have been used, to have been adapted for use, or to be intended for use, in, or in connection with, the making of counterfeit money or counterfeit prescribed securities; or\n    (ii) that are used or capable of use in, or in connection with, the making of genuine coins or genuine paper money and that have, without lawful authority or reasonable excuse, been intentionally conveyed from premises on which the production of those coins or that paper money is or was carried on;\n    (c) all bullion, paper, metal, ink, dye or other material:\n    (i) that is known to be intended for use in, or in connection with, the making of counterfeit money or counterfeit prescribed securities; or\n    (ii) that is used or capable of use in, or in connection with, the making of genuine coins or genuine paper money and that has, without lawful authority or reasonable excuse, been intentionally conveyed from premises on which the production of those coins or that paper money is or was carried on;\n    (d) all material obtained by dealing with a genuine coin so as to diminish its weight;\n    (e) all genuine coins that have, and all genuine paper money that has, without lawful authority, been wilfully defaced, disfigured or mutilated and all material obtained by the wilful destruction, without lawful authority, of any such coins or paper money;\n    (f) all articles that have been, or are intended to be, used in connection with the commission of an offence against this Act.\n  (2) A constable may, without warrant, seize any article that is forfeited to the Commonwealth, or that he or she has reasonable grounds to believe is forfeited to the Commonwealth, under subsection (1).\n  (3) An officer of Custom may, without warrant, seize any article that is forfeited to the Commonwealth, or that he or she has reasonable grounds to believe is forfeited to the Commonwealth, under subsection (1), and shall forthwith deliver the article into the custody of a member of the Australian Federal Police.\n  (4) A constable who has seized an article under subsection (2) or to whom an article has been delivered under subsection (3) may retain the article until the expiration of a period of 90 days after the seizure or the delivery, as the case may be, or, if a prosecution for an offence against a provision of this Act in relation to the article is instituted before the expiration of that period, until the prosecution is determined.\n  (5) Where, on a prosecution referred to in subsection (4), a court convicts a person of an offence against a provision of this Act in relation to an article that is seized under subsection (2) or (3), the court:\n    (a) if it is satisfied that the article is forfeited—shall order that the article be condemned; or\n    (b) if it is not so satisfied—shall order that the article be delivered to such person as the court is satisfied is entitled to the article.\n  (6) Where a prosecution for an offence against a provision of this Act in relation to an article seized under subsection (2) or (3) has not been instituted before the expiration of the period referred to in subsection (4), a constable shall take the article before a court of summary jurisdiction, and subsections 9(2), (2A) and (3) of the Crimes Act 1914 shall thereupon apply in relation to the article as if it had been taken before the court under subsection 9(1) of that Act.\n  (7) An article that is condemned as forfeited to the Commonwealth under subsection (5) of this section or under subsection 9(2) of the Crimes Act 1914 in its application by virtue of subsection (6) of this section shall be dealt with or disposed of in accordance with the directions of the Treasurer.\n  (8) In this section:\n\n> constable means a member or special member of the Australian Federal Police or of the Police Force of a State or Territory.\n\n> officer of Customs has the same meaning as in the Customs Act 1901.","sortOrder":32},{"sectionNumber":"29A","sectionType":"section","heading":"Excepted counterfeit coins not to be forfeited","content":"#### 29A Excepted counterfeit coins not to be forfeited\n\n  A law of the Commonwealth or of a Territory (including such a law that is no longer in force) that makes or made provision for the forfeiture to the Commonwealth of counterfeit coins by reason that they are counterfeit coins does not apply, or shall be deemed not to have applied, as the case requires, in relation to excepted counterfeit coins made before the commencement of this section that:\n    (a) have not been seized or condemned pursuant to that law before the commencement of this section; and\n    (b) have not been used in connection with the commission of an offence against section 57 of the Crimes Act 1914 as in force any time before the commencement of this section.","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Regulations","content":"#### 30 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) For the purposes of the Legislation Act 2003, the Minister administering the Australian Federal Police Act 1979 is the rule‑maker for regulations made for the purposes of Part II (offences) of this Act.\n  (3) Subsection (2) applies despite subsection 6(1) of the Legislation Act 2003.","sortOrder":34}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation has not grown beyond its original purpose of giving effect to the International Convention for the Suppression of Counterfeiting Currency (reproduced in the Schedule) by criminalising the making, uttering, possession, importation and exportation of counterfeit money and prescribed securities together with ancillary conduct such as possession of instruments and defacement of genuine currency."},"complexity_factors":["Extensive interpretation section (s 3) containing over 15 defined terms, multiple deeming rules, and cross-references to genuine vs counterfeit and excepted vs non-excepted coins","Fourteen separate offences in Part II, each with distinct physical and fault elements, varying maximum penalties, and repeated 'reasonable excuse' defences that shift an evidential burden under the Criminal Code","Nested procedural and evidentiary rules in Part III (forfeiture under s 29, examiner certificates under s 27, jurisdiction limits under s 23)","Frequent interaction with and express references to the Criminal Code, Crimes Act 1914, Judiciary Act 1903, Banking Act 1959 and Legislation Act 2003","Distinctions between Australian and foreign currency, current vs non-current coins, and authorised vs unauthorised defacement that require careful factual analysis"],"plain_english_summary":"**The Crimes (Currency) Act 1981** makes it a criminal offence to create, possess, use, import, export or deal in fake Australian or foreign money (coins or notes) and certain government securities such as bonds or treasury bills. It also bans damaging real money, making or selling items that look like real money in a misleading way, and using slugs or tokens in coin-operated machines. \n\nThe law sets out clear definitions (for example, **counterfeit money** includes both completely fake items and real coins or notes that have been altered to hide changes). It creates around a dozen separate offences with prison terms of up to 14 years for individuals or large fines for companies. Defences are available in several places if a person has a 'reasonable excuse', but the person must usually provide initial evidence for that defence. \n\nIt implements Australia's obligations under the 1929 Geneva Convention on counterfeiting (reproduced in the Schedule). The Act applies across Australia and its territories, reaches some conduct overseas, and works alongside the Criminal Code for fault elements. It also covers how police and customs seize fakes, how banks and the Mint must mark or destroy counterfeits, and special rules for expert certificates in court. \n\nIn short, the Act protects public confidence in currency by deterring counterfeiting at every stage from manufacture to circulation while providing practical rules for law enforcement, banks and the public."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Section 29A expressly modifies the operation of prior Commonwealth or Territory forfeiture laws in relation to certain \"excepted counterfeit coins\" made before the commencement of that section, by deeming those earlier forfeiture provisions not to apply in the specified circumstances. In addition, the Act grants extra‑territorial reach (s.5) while s.23 narrows prosecutorial liability to offences committed in Australia/on Australian vessels/aircraft or offences relating to Australian money; together these provisions alter the practical scope of Commonwealth criminal jurisdiction over some counterfeiting‑related conduct when compared with a strictly territorial scheme (ss.5, 23, 29A)."},"complexity_factors":["Detailed definitions and sub‑classifications (counterfeit money, excepted coins, prescribed security) that affect which provisions apply (s.3).","Multiple distinct offences with differing mental elements, defences and penalties across Part II (ss.6–21).","Interplay with the Criminal Code (Chapter 2 applies, and evidential burdens reference s.13.3(3) of the Criminal Code) (s.5A; various notes).","Extra‑territorial wording plus an express limit on prosecutable conduct (ss.5, 23) requiring contextual interpretation for jurisdictional reach.","Administrative discretion concentrated in the Treasurer (definition of \"authorized person\", appointment of examiners, disposal directions) (s.3, s.27, s.29(7)).","Seizure and forfeiture regime with time limits, judicial processes and Treasurer directions (s.29, s.29A).","Admissibility and procedural rules for examiner certificates create evidential shortcuts balanced by disclosure obligations (s.27(4)–(7)).","Consent regimes for design/printing/import/export of money‑like material involve conditional authorisations and compliance burdens (ss.19–20).","A variety of civil/criminal remedies and differential penalties for individuals versus bodies corporate increase enforcement complexity (multiple sections)."],"plain_english_summary":"The Act makes a wide range of counterfeiting‑related conduct criminal (making, passing, possessing, importing/exporting, supplying counterfeits or tools), prescribes penalties and forfeiture, and equips enforcement (warrantless seizure, examiner certificates). \n\nIt affects individuals, corporations and sector actors—banks/ADIs, printers, importers/exporters and manufacturers—by imposing criminal liability, consent and handling duties, and evidential/administrative mechanisms to prevent and disrupt counterfeiting."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original focus was implementing Australia's obligations under the 1929 Geneva Convention on Counterfeiting Currency — primarily targeting the making and passing of counterfeit money. Over time, the scope expanded significantly to cover: counterfeiting of government-issued financial securities (prescribed securities) beyond just coins and notes; counterfeiting equipment and raw materials; designs, drawings and experimental items from mints; novelty/decorative items that merely resemble money; defacement of genuine currency; coin-operated machine fraud tokens; and obligations on banks and public money handlers. The extraterritorial reach to all persons of any nationality is also broader than the Convention strictly requires."},"complexity_factors":["Multiple overlapping categories of prohibited items (counterfeit money, counterfeit prescribed securities, counterfeiting instruments, counterfeiting materials) each with separate definitions and offence provisions","Layered definitional structure — terms like 'counterfeit money', 'excepted coin', 'excepted counterfeit coin', 'non-excepted counterfeit money' and 'genuine coin' are interdependent and require careful cross-referencing","The 'excepted coin' carve-out creates a distinct regulatory regime for pre-decimal and defunct foreign coins, requiring readers to identify which coin category applies before determining applicable offence and penalty","Extended geographical jurisdiction — the Act applies extraterritorially to all persons of any nationality for offences involving Australian money, creating complex jurisdictional analysis","Interaction with multiple other Acts (Criminal Code, Crimes Act 1914, Banking Act 1959, Customs Act 1901, Judiciary Act 1903, Civil Aviation Act 1988) requiring knowledge of those frameworks to fully understand liability","Reverse evidential burden provisions — defendants must raise 'reasonable excuse' defences themselves, which is a technical criminal law concept likely unfamiliar to laypeople","Subsection 3(8) deems certain experimental or unissued coins/notes to be counterfeit money for specific offence provisions only, creating a context-dependent definition","Forfeiture regime with conditional court orders, time limits, and cross-references to Crimes Act 1914 procedures adds procedural complexity","Different penalty scales for natural persons versus corporations, and different treatment for indictable versus summary proceedings with caps on summary penalties","The treaty incorporation (1929 Geneva Convention) and the special rules in section 26 about treaty interpretation add an international law dimension"],"plain_english_summary":"## Crimes (Currency) Act 1981\n\n### What does this law do?\nThis Act makes it a serious federal crime to counterfeit (fake) Australian money, foreign currency, and certain government financial documents (called \"prescribed securities\" — things like government bonds and treasury bills). It also covers related activities like possessing counterfeiting tools, defacing real money, and making fake-looking materials.\n\n### Who does it affect?\nEssentially **everyone in Australia** — and even Australians (or anyone) operating overseas if the offence involves Australian money. The Act explicitly applies outside Australia's borders and to people of any nationality.\n\n### Key things this law prohibits:\n\n**Serious offences (up to 14 years jail):**\n- **Making** counterfeit money or fake government securities → up to **14 years**\n- **Passing off** (\"uttering\" — e.g. trying to spend) counterfeit money knowing it's fake → up to **12 years**\n- **Buying, selling or trading** counterfeit money → up to **12 years**\n- **Importing or exporting** counterfeit money → up to **12 years**\n- **Possessing** counterfeiting equipment (printing plates, dies, special inks, etc.) → up to **10 years**\n- **Stealing materials or designs** from a mint or printing facility → up to **10 years**\n\n**Moderate offences:**\n- Providing **information** about how to counterfeit money → up to **5 years**\n- Possessing **metal shavings or clippings** from real coins (a clue someone is secretly trimming coins to extract metal) → up to **5 years**\n\n**Lesser offences (up to 2 years or a fine):**\n- **Defacing, disfiguring or destroying** real Australian coins or notes (e.g. writing on banknotes) without official permission\n- **Selling** defaced money\n- Making or distributing **materials that look like money** (e.g. novelty notes, business cards designed to fool people)\n- Using a **fake coin or token** in a vending machine\n\n### Important exceptions and defences:\n- **\"Excepted coins\"** — old pre-decimal coins (before 14 February 1966) and coins no longer used anywhere in the world get lighter treatment. Possessing or trading these old coins isn't automatically criminal unless you're trying to defraud someone.\n- **\"Reasonable excuse\"** — for several offences (like possessing counterfeiting tools or defaced money), you have a defence if you have a reasonable excuse. However, *you* must raise that excuse — the law doesn't assume it for you.\n- **Authorised defacement** — the government can officially authorise defacing money (e.g. for promotional purposes), so not every marked note is illegal.\n\n### Practical obligations:\n- **Banks and public money handlers** must stamp \"COUNTERFEIT\" on fake paper money presented to them, and send fake coins to the Royal Australian Mint to be destroyed.\n- **Police and customs officers** can seize suspected counterfeit money or counterfeiting equipment without a warrant.\n\n### Penalties for companies:\nCorporations (companies) cannot be jailed, so they face large financial penalties (\"penalty units\") instead — ranging from 50 to 750 penalty units depending on the offence.\n\n### Why does this matter?\nCounterfeiting undermines trust in the entire currency system. This law protects the integrity of Australian (and foreign) money circulating in Australia, and fulfils Australia's obligations under a 1929 international treaty (the Geneva Convention on Counterfeiting Currency)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/crimes-currency-act-1981","history":"/api/acts/crimes-currency-act-1981/history","analysis":"/api/acts/crimes-currency-act-1981/analysis","conflicts":"/api/acts/crimes-currency-act-1981/conflicts","importantCases":"/api/acts/crimes-currency-act-1981/important-cases","documents":"/api/acts/crimes-currency-act-1981/documents"}}