{"id":"F2019L01313","name":"Crimes (Currency) (Disposal of Condemned Forfeited Articles) Direction 2019","slug":"crimes-currency-disposal-of-condemned-forfeited-articles-direction-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99885,"registerId":"commonwealth-F2019L01313-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Crimes (Currency) (Disposal of Condemned Forfeited Articles) Direction 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Crimes (Currency) Act 1981.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\nNote: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Crimes (Currency) Act 1981 as in force from time to time.\n\n  In this instrument:\n\n> accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constable has the meaning given by subsection 29(8) of the Act.\n\n> official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> the Act means the Crimes (Currency) Act 1981.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Directions","content":"## Part 2—Directions","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Direction to the constable","content":"#### 6 Direction to the constable\n\n  Further to subsection 29(7) of the Act, upon a court ordering a forfeited article be condemned under subsection 29(5) of the Act, or under subsection 9(2) of the Crimes Act 1914, the constable in possession of the article is directed to deliver the article into the possession of a person occupying, or performing the duties of, one of the following positions:\n    (a) Governor of the Reserve Bank of Australia;\n    (b) Chief Executive Officer of the Royal Australian Mint;\n    (c) Chief Executive of the Australian Office of Financial Management.\n\n> Note: This section does not prevent:\n\n    (a) an official of the Commonwealth entity of which a person occupying, or performing the duties of, a position referred to in paragraph (a), (b) or (c) is the accountable authority, taking possession of the article on behalf of the person; or\n    (b) a person occupying, or performing the duties of, a position referred to in paragraph (a), (b) or (c) entering into an arrangement for condemned forfeited articles to be delivered into the possession of certain officials on their behalf.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Direction to the Reserve Bank, Royal Australian Mint or Australian Office of Financial Management","content":"#### 7 Direction to the Reserve Bank, Royal Australian Mint or Australian Office of Financial Management\n\n  Further to subsection 29(7) of the Act, a person who has possession under section 6 of this instrument, or a previous application of this section, of a condemned forfeited article, is directed to do one of the following with the article:\n    (a) if the person is satisfied that the article is required to be retained by that person for a legitimate purpose—retain the article for that purpose;\n    (b) if the person is satisfied that the article is required for a legitimate purpose by another person occupying, or performing the duties of, a position referred to in paragraph 6(a), (b) or (c)—deliver the article to that person to be retained for that purpose;\n    (c) if the person is satisfied that the article is required for a legitimate purpose by Australian Federal Police—deliver the article to the Commissioner of the Australian Federal Police to be retained for that purpose;\n    (d) otherwise—destroy the article.\n\n> Note: Example: A legitimate purpose includes staff training, research, and maintaining a database of forfeited articles.\n\n> Note: This section does not prevent:\n\n    (a) an official of the Commonwealth entity of which a person occupying, or performing the duties of, a position referred to in paragraph 6(a), 6(b) or 6(c) is the accountable authority, retaining, delivering, taking possession of, or destroying the article on behalf of the person; or\n    (b) a person occupying, or performing the duties of, a position referred to in paragraph 6(a), 6(b) or 6(c) entering into an arrangement for condemned forfeited articles to be dealt with by certain officials on their behalf.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application","content":"## Part 3—Application","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Application","content":"#### 8 Application\n\n  This instrument applies to articles condemned under subsection 29(5) of the Act, or under subsection 9(2) of the Crimes Act 1914, on or after the day this instrument commences.","sortOrder":8}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument implements procedural directions under subsection 29(7) of the Crimes (Currency) Act 1981 by identifying who must receive condemned forfeited articles and what they may do with them (ss6–8). It does not expand the categories of articles subject to condemnation or alter the court's power to condemn; it prescribes custody, retention, transfer and destruction options and applies from commencement."},"complexity_factors":["Cross‑references to other statutes for meanings and powers (Crimes (Currency) Act 1981; Legislation Act 2003) (s5).","Delegated factual judgment required: recipient must be \"satisfied\" an article is required for a \"legitimate purpose\" (s7).","Multiple named agencies and office‑holders as possible recipients create inter‑agency handling pathways (s6).","Permits actors to arrange for officials of their Commonwealth entities to take custody on their behalf, adding implementation variation (notes to s6 and s7).","Operational choices include retention, transfer to AFP, or destruction, each carrying different administrative costs and records obligations (s7).","Temporal application limited to articles condemned on or after commencement — potential transitional considerations (s8)."],"plain_english_summary":"This direction requires a constable to hand over court‑condemned forfeited articles (typically currency) to one of three named Commonwealth office‑holders: the Governor of the Reserve Bank, the CEO of the Royal Australian Mint, or the CEO of the Australian Office of Financial Management (ss6–7). \n\nThose recipients must either keep an item for a legitimate purpose, pass it to another specified official or the AFP, or destroy it; the receiving Commonwealth entities therefore take on custody, handling and disposal responsibilities and exercise discretionary judgment about retention (ss7–8)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: establishing administrative procedures for handling condemned counterfeit currency. It does not expand beyond the disposal mechanisms contemplated by section 29 of the parent Crimes (Currency) Act 1981."},"complexity_factors":["Very short instrument (only 8 sections, approximately 2 pages)","Minimal defined terms (only 5 definitions, mostly referencing other Acts)","Simple linear structure with no nested exceptions or conditional logic","Clear, sequential process: delivery → decision → action","No cross-references beyond basic authority and definitions provisions","Straightforward delegation arrangements in notes rather than operative provisions"],"plain_english_summary":"This Direction prescribes what happens to counterfeit currency and related items after a court condemns them to the Commonwealth. It requires police to deliver condemned items to senior officials at the Reserve Bank, Royal Australian Mint, or Australian Office of Financial Management, who then may retain them for legitimate purposes, transfer them between agencies, give them to the AFP, or destroy them.\n\nIt ensures secure handling so fakes don’t re-enter circulation while preserving samples for training, research, and intelligence."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-currency-disposal-of-condemned-forfeited-articles-direction-2019","history":"/api/acts/crimes-currency-disposal-of-condemned-forfeited-articles-direction-2019/history","analysis":"/api/acts/crimes-currency-disposal-of-condemned-forfeited-articles-direction-2019/analysis","conflicts":"/api/acts/crimes-currency-disposal-of-condemned-forfeited-articles-direction-2019/conflicts","importantCases":"/api/acts/crimes-currency-disposal-of-condemned-forfeited-articles-direction-2019/important-cases","documents":"/api/acts/crimes-currency-disposal-of-condemned-forfeited-articles-direction-2019/documents"}}