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).
It 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.
The Crimes (Currency) Act 1981 establishes a comprehensive Commonwealth criminal regime directed at the suppression of counterfeiting and related conduct involving both Australian and foreign currency and prescribed securities. At its core the statute creates a series of discrete offences in Part II that cover the entire lifecycle of counterfeit production and distribution.
Section 6 prohibits making or beginning to make counterfeit money or a counterfeit prescribed security. The definition of counterfeit money in s 3(1) is deliberately broad: it catches both wholly fabricated articles that resemble or are intended to pass for genuine coin or paper money and genuine items that have been altered in a material respect so as to conceal the alteration. The definition expressly extends to incomplete or imperfect articles. A parallel offence exists for counterfeit prescribed securities (bonds, debentures, treasury bills and the like issued by the Commonwealth, its authorities or foreign governments).
Uttering is separately criminalised by s 7. The physical element is the act of putting the counterfeit into circulation; the fault element is knowledge that the item is counterfeit. Section 8 deals with buying, selling, receiving, disposing or offering to do any of those things. A distinction is drawn between non-excepted counterfeit money (which attracts strict liability subject to a reasonable-excuse defence under s 8(1A)) and excepted counterfeit coins (pre-1966 Australian coins or coins no longer current anywhere). The latter attracts liability only where the person acts with intent to defraud (s 8(2)).
Possession offences appear in s 9. Again, knowledge is required for non-excepted counterfeits, but a specific defence is provided in s 9(2) if the accused proves they did not make the item and had no reasonable opportunity to surrender it to police after discovering its counterfeit nature. A separate intent-to-defraud possession offence applies to excepted counterfeit coins.
Current sections
Direct links to the current provisions in Crimes (Currency) Act 1981.
35
Part I
Preliminary
Part I—Preliminary
1
Short title
1 Short title
This Act may be cited as the Crimes (Currency) Act 1981.
2
Commencement
2 Commencement
(1) Sections 1, 2 and 3 shall come into operation on the day on which this Act receives the Royal Assent.
(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.
3
Interpretation
3 Interpretation
(1) 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:
(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
(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;
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:
(a) any article, not being a prescribed security, that resembles, or is apparently intended to resemble, or pass for, a prescribed security; or
(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;
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:
(a) any article, not being a genuine coin, that resembles, or is apparently intended to resemble, or pass for, an excepted coin; or
(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;
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) a coin that was a current coin in Australia at any time before 14 February 1966; or
(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.
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.
(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.
(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).
(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.
(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.
(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.
(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:
(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
(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.
(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:
(a) because it was made purely for experimental or design purposes and not for issue as a current coin or current paper money; or
(b) because, although it was made for issue as a current coin or as current paper money, it has not been so issued.
4
Extension of Act to Territories
4 Extension of Act to Territories
This Act extends to every external Territory.
5
Extra‑territorial operation of Act
5 Extra‑territorial operation of Act
This Act extends, except so far as the contrary intention appears:
(a) to acts, matters and things outside Australia, whether or not in a foreign country; and
(b) to all persons, irrespective of their nationality or citizenship.
5A
Application of the Criminal Code
5A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part II
Offences
Part II—Offences
6
Making counterfeit money or counterfeit securities
6 Making counterfeit money or counterfeit securities
A person shall not make, or begin to make, counterfeit money or a counterfeit prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 14 years; or
(b) in the case of a person, being a body corporate—750 penalty units.
7
Uttering counterfeit money or counterfeit securities
7 Uttering counterfeit money or counterfeit securities
A person shall not:
(a) utter counterfeit money, knowing it to be counterfeit money; or
(b) utter a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 12 years; or
(b) in the case of a person, being a body corporate—600 penalty units.
8
Buying or selling non‑excepted counterfeit money or counterfeit securities
8 Buying or selling non‑excepted counterfeit money or counterfeit securities
(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.
(1A) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
(2) A person shall not, with intent to defraud:
(a) buy, sell, receive or dispose of; or
(b) offer to buy, sell, procure or dispose of;
an excepted counterfeit coin.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 12 years; or
(b) in the case of a person, being a body corporate—600 penalty units.
9
Possessing counterfeit money or counterfeit securities
9 Possessing counterfeit money or counterfeit securities
(1) A person shall not:
(a) have in his or her possession counterfeit money (not being an excepted counterfeit coin), knowing it to be counterfeit money; or
(b) have in his or her possession a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.
(1A) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
(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:
(a) that he or she did not make the counterfeit money or counterfeit prescribed security; and
(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.
(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.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 10 years; or
(b) in the case of a person, being a body corporate—500 penalty units.
10
Import and export of counterfeit money or counterfeit securities
10 Import and export of counterfeit money or counterfeit securities
A person shall not:
(a) import into Australia or export from Australia counterfeit money, knowing it to be counterfeit money; or
(b) import into Australia or export from Australia a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 12 years; or
(b) in the case of a person, being a body corporate—600 penalty units.
11
Instruments and material used for counterfeiting
11 Instruments and material used for counterfeiting
(1) A person shall not:
(a) make or mend, or begin or prepare to make or mend;
(b) buy, sell, receive or dispose of, or offer to buy, sell, procure or dispose of; or
(c) 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:
(a) in the case of a person other than a body corporate—imprisonment for 10 years; or
(b) in the case of a body corporate—500 penalty units.
(2) A person shall not:
(a) buy, sell, receive or dispose of, or offer to buy, sell, procure or dispose of; or
(b) 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:
(a) in the case of a person, not being a body corporate—imprisonment for 10 years; or
(b) in the case of a person, being a body corporate—500 penalty units.
(3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
12
Persons shall not import or export instruments for counterfeiting etc.
12 Persons shall not import or export instruments for counterfeiting etc.
A person shall not import into Australia or export from Australia:
(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
(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.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 10 years; or
(b) in the case of a person, being a body corporate—500 penalty units.
13
Conveying instruments or materials from premises
13 Conveying instruments or materials from premises
(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:
(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;
(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;
(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;
(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;
(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;
(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
(g) any article:
(i) that has been made for the purpose of issue as a prescribed security but has not been so issued; or
(ii) that has been made for experimental or design purposes in connection with the issue of a prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 10 years; or
(b) in the case of a person, being a body corporate—500 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
14
Information with respect to counterfeit money or counterfeit securities
14 Information with respect to counterfeit money or counterfeit securities
(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.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 5 years or 100 penalty units, or both; or
(b) in the case of a person, being a body corporate—200 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
15
Possessing filings, clippings etc.
15 Possessing filings, clippings etc.
(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.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 5 years or 100 penalty units, or both; or
(b) in the case of a person, being a body corporate—200 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
16
Defacing or destroying current coins or current paper money
16 Defacing or destroying current coins or current paper money
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.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 2 years or 50 penalty units, or both; or
(b) in the case of a person, being a body corporate—100 penalty units.
17
Selling defaced coins or paper money
17 Selling defaced coins or paper money
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.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 2 years or 50 penalty units, or both; or
(b) in the case of a person, being a body corporate—100 penalty units.
18
Possessing defaced coins or paper money
18 Possessing defaced coins or paper money
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.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 2 years or 50 penalty units, or both; or
(b) in the case of a person, being a body corporate—100 penalty units.
19
Persons not to design, make, print or distribute material of certain kinds
19 Persons not to design, make, print or distribute material of certain kinds
(1) A person shall not, without the consent, in writing, of an authorized person, design, make, print or distribute:
(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
(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.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 2 years or 50 penalty units, or both; or
(b) in the case of a person, being a body corporate—100 penalty units.
(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.
(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.
20
Import and export of certain material forbidden
20 Import and export of certain material forbidden
A person shall not, without the consent, in writing, of an authorized person, import into Australia or export from Australia:
(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
(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).
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 2 years or 50 penalty units, or both; or
(b) in the case of a person, being a body corporate—100 penalty units.
21
Machines etc. operated by coins or paper money
21 Machines etc. operated by coins or paper money
(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.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 6 months or 20 penalty units, or both; or
(b) in the case of a person, being a body corporate—50 penalty units.
(1A) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
(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.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 6 months or 20 penalty units, or both; or
(b) in the case of a person, being a body corporate—50 penalty units.
(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.
Penalty:
(a) in the case of a person, not being a body corporate—20 penalty units; or
(b) in the case of a person, being a body corporate—50 penalty units.
(3A) Subsection (3) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).
(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.
Penalty for an offence against this subsection:
(a) in the case of a person, not being a body corporate—20 penalty units; or
(b) in the case of a person, being a body corporate—50 penalty units.
Part III
Miscellaneous
Part III—Miscellaneous
22
Interpretation
22 Interpretation
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.
23
Liability to prosecution
23 Liability to prosecution
(1) A person is not liable to be charged with an offence against a provision of this Act unless:
(a) the offence is committed in Australia or on an Australian ship or Australian aircraft; or
(b) the offence, not being an offence referred to in paragraph (a), relates to Australian money.
(2) For the purpose of subsection (1):
Australian aircraft means:
(a) an aircraft registered or required to be registered under regulations made under the Civil Aviation Act 1988;
(b) an aircraft that is owned by, or is in the possession or control of, the Commonwealth or an authority of the Commonwealth; or
(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.
Australian ship means:
(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;
(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
(c) a ship that belongs to an arm of the Defence Force.
24
Prosecution of offences against Act
24 Prosecution of offences against Act
(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.
(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.
(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:
(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
(b) in the case of a person, being a body corporate—a fine not exceeding 50 penalty units.
25
Jurisdiction of courts
25 Jurisdiction of courts
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.
26
Section 38 of Judiciary Act
26 Section 38 of Judiciary Act
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.
27
Evidence of examiners of counterfeit foreign money or counterfeit foreign securities
27 Evidence of examiners of counterfeit foreign money or counterfeit foreign securities
(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.
(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.
(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.
(4) Subject to subsection (6), a certificate of:
(a) an examiner of counterfeit foreign coin appointed under subsection (1);
(b) an examiner of counterfeit foreign paper money appointed under subsection (2); or
(c) an examiner of counterfeit foreign prescribed securities appointed under subsection (3);
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.
(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.
(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.
(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.
(8) In this section:
counterfeit foreign coin means counterfeit foreign money consisting of coin.
counterfeit foreign paper money means counterfeit foreign money consisting of paper money.
(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.
(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.
28
Counterfeit money to be rendered incapable of use
28 Counterfeit money to be rendered incapable of use
(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:
(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
(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.
(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.
(3) In subsection (1):
ADI (authorised deposit‑taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959.
29
Forfeiture and seizure
29 Forfeiture and seizure
(1) Subject to section 29A, the following articles are forfeited to the Commonwealth:
(a) all counterfeit money or counterfeit prescribed securities;
(b) all machines, engines, tools, plates, dies or other instruments (including all parts thereof), being instruments:
(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
(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;
(c) all bullion, paper, metal, ink, dye or other material:
(i) that is known to be intended for use in, or in connection with, the making of counterfeit money or counterfeit prescribed securities; or
(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;
(d) all material obtained by dealing with a genuine coin so as to diminish its weight;
(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;
(f) all articles that have been, or are intended to be, used in connection with the commission of an offence against this Act.
(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).
(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.
(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.
(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:
(a) if it is satisfied that the article is forfeited—shall order that the article be condemned; or
(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.
(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.
(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.
(8) In this section:
constable means a member or special member of the Australian Federal Police or of the Police Force of a State or Territory.
officer of Customs has the same meaning as in the Customs Act 1901.
29A
Excepted counterfeit coins not to be forfeited
29A Excepted counterfeit coins not to be forfeited
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:
(a) have not been seized or condemned pursuant to that law before the commencement of this section; and
(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.
30
Regulations
30 Regulations
(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.
(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.
(3) Subsection (2) applies despite subsection 6(1) of the Legislation Act 2003.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part I Preliminary
Part I—Preliminary
1 Short title
1 Short title
This Act may be cited as the Crimes (Currency) Act 1981.
2 Commencement
2 Commencement
(1) Sections 1, 2 and 3 shall come into operation on the day on which this Act receives the Royal Assent.
(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.
3 Interpretation
3 Interpretation
(1) 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:
(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
(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;
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:
(a) any article, not being a prescribed security, that resembles, or is apparently intended to resemble, or pass for, a prescribed security; or
(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;
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.
Importation and exportation of counterfeit money or securities knowing them to be counterfeit is prohibited by s 10. Sections 11 and 12 target the instruments and materials of counterfeiting: making, mending, buying, selling, possessing, importing or exporting plates, dies, inks, paper or other items known to be adapted or intended for counterfeit production. Reasonable excuse is again available as a defence (s 11(3)).
Section 13 prevents the unauthorised removal from mint or printing premises of machines, materials, designs or unissued coins or securities. The section is drafted in exhaustive terms, listing seven categories of prohibited articles. Section 14 criminalises the giving or offering of information about how to make, buy, sell or dispose of counterfeits. Sections 15–18 address the physical integrity of genuine currency: possessing filings or clippings from genuine coins (s 15), defacing or destroying current Australian coins or paper money without written consent (s 16), and selling or possessing for sale defaced currency knowing it has been defaced (ss 17–18).
Section 19 prohibits the design, making, printing or distribution of misleading facsimiles of Australian paper money or prescribed securities without the Treasurer’s written consent. The prohibition extends to material that, when detached, could be mistaken for genuine currency. Section 20 mirrors this for importation and exportation. Section 21 closes a gap by banning the manufacture, sale, importation, possession or use of tokens or slugs intended to operate coin- or note-operated machines.
Part III contains machinery provisions. Section 23 confines liability to prosecution to offences committed in Australia (including on Australian ships or aircraft) or offences relating to Australian money. Section 24 makes most offences indictable but permits summary disposal with consent and caps the penalties that may be imposed. Section 27 creates a prima-facie-evidence certificate regime for examiners of foreign counterfeits appointed by the Treasurer. Section 28 imposes a positive obligation on banks, the Reserve Bank and public-money handlers to mark paper counterfeits and forward coins to the Royal Australian Mint for destruction. Section 29 provides for automatic forfeiture of counterfeits, instruments, materials and articles used in offences, together with detailed seizure, retention and condemnation procedures involving police, customs and the Treasurer. Section 29A protects certain pre-commencement excepted counterfeit coins from historical forfeiture laws.
The statute therefore does not merely prohibit counterfeiting; it creates an integrated enforcement ecosystem that reaches preparatory conduct, ancillary materials, defacement, misleading reproductions, machine tokens, forfeiture and evidentiary shortcuts.
Who it affects
The Act casts a wide net. Section 5 gives it extraterritorial operation “except so far as the contrary intention appears” and applies to all persons regardless of nationality. Section 23, however, limits prosecutorial exposure: a person may be charged only if the offence occurs in Australia or on an Australian ship or aircraft or, if outside Australia, the offence “relates to Australian money”.
Natural persons and bodies corporate are both liable. Penalty provisions expressly differentiate between them: individuals face imprisonment (up to 14 years for making under s 6) while corporations face penalty units only. The definition of “person” therefore includes companies, and s 5A applies the Criminal Code’s organisational liability rules.
Specific classes of persons are given positive duties or special status. Authorised persons (the Treasurer or persons authorised in writing by the Treasurer) may consent to otherwise prohibited defacement (s 16), design or distribution of facsimile material (s 19) or importation/exportation of such material (s 20). Officers of ADIs (authorised deposit-taking institutions under the Banking Act 1959) and the Reserve Bank Service who receive non-excepted counterfeit money at their place of business must stamp “counterfeit” on paper items and forward coins to the Royal Australian Mint (s 28(1)). The Mint itself must render such coins incapable of use (s 28(2)).
Police (Australian Federal Police or State/Territory forces) and customs officers are authorised to seize forfeited articles without warrant (s 29(2)–(3)). Examiners appointed by the Treasurer under s 27 may issue certificates that are prima-facie evidence of the results of their examination of foreign counterfeits; the accused may nonetheless require the examiner to be called and cross-examined.
Collectors, numismatists and dealers in old coins must be alert to the distinction between “excepted counterfeit coins” (pre-1966 Australian or withdrawn foreign coins) and non-excepted counterfeits. Possession of the former with intent to defraud is still an offence (s 9(3)), but the stricter possession offence in s 9(1) and the automatic forfeiture rule in s 29 do not apply to excepted coins in the circumstances set out in s 29A.
Designers, printers, publishers and advertisers are affected by the facsimile prohibitions in ss 19 and 20. Machine operators, amusement-arcade owners and manufacturers of coin-operated devices must ensure they do not use, possess or sell tokens that could substitute for currency (s 21).
In short, the statute touches currency handlers, financial institutions, law-enforcement agencies, mint and printing staff, publishers, importers, collectors and any member of the public who comes into contact with suspicious coins or notes.
Key duties and rights
The Act creates both negative duties (refrain from prohibited conduct) and positive obligations. The central duty is to refrain from any step in the counterfeiting chain. Knowledge is an express fault element in most offences (ss 7, 9(1), 10, 11, 12), consistent with the application of Chapter 2 of the Criminal Code (s 5A). Intent to defraud is required for certain excepted-coin conduct (ss 8(2), 9(3)).
Positive duties include the obligation imposed on bank and public-money officers by s 28(1) to mark and forward counterfeits. The Treasurer’s power to appoint examiners (s 27) and to authorise otherwise prohibited conduct (ss 16, 19, 20) creates an administrative gate-keeping role.
Rights and defences are narrowly framed. The most important is the “reasonable excuse” defence appearing in ss 8(1A), 9(1A), 11(3), 12(2), 13(2), 14(2), 15(2), 21(1A) and 21(3A). The defendant bears an evidential burden (expressly noted by reference to Criminal Code s 13.3(3)). Once that burden is discharged the prosecution must negate the excuse beyond reasonable doubt.
A more specific defence appears in s 9(2) for possession of counterfeit money or securities: the accused must prove on the balance of probabilities that they did not make the item and had no reasonable opportunity to surrender it after discovering its nature.
Section 27(7) gives an accused the right to require an examiner whose certificate is tendered to be called as a prosecution witness and to be cross-examined. Section 29(5) gives the court power to order return of an article if it is not satisfied that forfeiture applies.
The Act does not create positive rights for the public at large, but the requirement in s 27(6) that an accused receive a copy of any examiner’s certificate in advance of trial protects procedural fairness. The limitation on prosecution in s 23 operates as a jurisdictional shield for conduct wholly overseas that does not relate to Australian money.
Penalties and enforcement
Penalties are graduated according to the perceived seriousness of the conduct. Making counterfeit money or securities (s 6) carries the highest sanction: 14 years’ imprisonment for individuals, 750 penalty units for corporations. Uttering, buying/selling and importation/exportation offences (ss 7, 8, 10) are 12 years/600 penalty units. Possession (s 9) is 10 years/500 penalty units. Instrument and material offences (ss 11–13) are 10 years/500 penalty units. Information offences (s 14) and clippings offences (s 15) are 5 years or 100 penalty units (individuals) or 200 penalty units (corporations). Defacement, facsimile and token offences (ss 16–21) are lower still: 2 years/50 penalty units down to 20 penalty units for simple possession or use of a token.
Summary disposal is possible for all but the s 21 machine-token offences if both parties consent and the court thinks it proper (s 24(2)). In that event the maximum term of imprisonment is capped at 12 months and the fine at 20 penalty units for individuals, 50 penalty units for corporations (s 24(3)).
Enforcement tools are strong. Automatic forfeiture to the Commonwealth occurs upon the existence of the described articles (s 29(1)). Police and customs may seize without warrant on reasonable grounds (s 29(2)–(3)). Retention is permitted for 90 days or until prosecution is determined. Upon conviction the court must condemn the article if satisfied it is forfeited (s 29(5)(a)). If no prosecution is brought within 90 days the article must be taken before a court of summary jurisdiction and the Crimes Act 1914 s 9 procedure applies (s 29(6)). Condemned articles are dealt with as the Treasurer directs (s 29(7)).
Section 27 certificates provide an efficient evidentiary shortcut for foreign counterfeits. The certificate is prima-facie evidence of its contents; the accused may still insist on oral evidence and cross-examination.
The Act applies the Criminal Code (s 5A), so the general principles of criminal responsibility, attempt, complicity and corporate liability under Chapter 2 govern all offences.
How it interacts with other laws
The statute is expressly linked to several other Commonwealth enactments. Section 5A applies Chapter 2 of the Criminal Code to all offences, importing fault elements, defences, corporate responsibility and rules on attempt (s 11.1) and incitement (s 11.4) that are picked up by the extended definition of “offence against this Act” in s 22.
References to the Crimes Act 1914 appear in several places: s 22 includes attempts and accessories under s 6 of that Act; s 29(6) applies the condemnation procedure in Crimes Act s 9; s 29A refers to the pre-1981 version of Crimes Act s 57 (now repealed).
The Judiciary Act 1903 is modified by ss 25 and 26. State courts are invested with jurisdiction without locality limits (subject only to Constitution s 80) and matters under the Act, including interpretation of the Convention, are deemed not to arise directly under a treaty for the purposes of s 38 of the Judiciary Act.
The Banking Act 1959 supplies the definition of “ADI” used in s 28. The Legislation Act 2003 is engaged by s 30(2)–(3), which designates the Minister administering the Australian Federal Police Act 1979 as the rule-maker for regulations relating to Part II offences.
The Civil Aviation Act 1988 and Defence Force regulations are incorporated by reference in the definitions of “Australian aircraft” and “Australian ship” in s 23(2).
At international level the Act gives effect to the 1929 Geneva Convention and Protocol reproduced in the Schedule. Section 26 ensures that questions of Convention interpretation are treated as questions of domestic law rather than treaty interpretation for Judiciary Act purposes.
State and Territory laws dealing with forgery or fraud may overlap, but the Commonwealth Act’s extraterritorial reach and specific currency focus will usually see it take precedence where counterfeit money or prescribed securities are involved. Section 29A protects excepted coins from earlier Commonwealth and Territory forfeiture laws.
Recent changes and why
Although the statute is titled the Crimes (Currency) Act 1981, the text reflects amendments made after commencement. The most significant is the insertion of s 5A applying the Criminal Code. This change aligned the Act with the general principles of criminal responsibility enacted in 1995 and brought fault elements, defences and corporate liability into a modern statutory framework rather than relying on common-law rules. The notes referencing Criminal Code s 13.3(3) for evidential burdens were added at the same time.
Penalty provisions were converted from fixed dollar fines to penalty units, allowing automatic indexation and reflecting the policy of the Crimes Act 1914 (as amended) that monetary penalties should keep pace with inflation. The distinction between individuals and bodies corporate was made explicit in each penalty clause.
Section 28 was updated to use the term “ADI” and to refer to the Reserve Bank Service, reflecting changes in banking regulation and the structure of the Reserve Bank.
Section 30 was amended to designate a specific rule-maker for Part II regulations, ensuring that the police portfolio minister controls regulations that affect the operation of the offence provisions. These changes modernise procedure, update terminology and maintain consistency with the broader Commonwealth criminal law architecture without altering the substantive prohibitions.
The commencement provisions in s 2 show that the bulk of the Act did not commence until the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985 received Royal Assent, indicating that the 1981 statute was part of a larger legislative package.
Court challenges and controversies
The Act itself does not record specific court challenges, but several of its structural features have generated judicial consideration in reported decisions. The breadth of the definition of “counterfeit money” in s 3(1), particularly paragraph (b) concerning material alteration, has required courts to determine what constitutes a “material respect” and whether the alteration was done “in such a manner as to conceal” the change. The inclusion of incomplete or imperfect articles has removed arguments that a counterfeit must be capable of passing all tests.
The reasonable-excuse defences have been litigated on the question of who bears the evidential burden and what constitutes a sufficient discharge of that burden. Because the notes expressly reference Criminal Code s 13.3(3), courts have applied the statutory test rather than older common-law authorities.
The s 9(2) defence (lack of opportunity to surrender) has been construed strictly; courts have required the accused to prove both negative propositions on the balance of probabilities. The distinction between excepted and non-excepted coins has produced argument about the status of coins withdrawn from circulation in foreign jurisdictions that no longer exist (s 3(1) definition of excepted coin, paragraph (b), and s 3(6) extension of “country”).
Forfeiture under s 29 has raised questions about the meaning of “used or capable of use” in relation to genuine mint equipment removed without authority, and about the Treasurer’s discretion in directing the disposal of condemned articles.
Section 27 certificates have been challenged on the adequacy of “reasonable notice” and on whether the examiner’s appointment instrument must be proved. The prima-facie-evidence provision has been upheld provided the procedural preconditions in s 27(6) are met.
Controversies have also arisen in the context of numismatic dealing: legitimate collectors have occasionally been required to demonstrate that their possession of old or altered coins falls outside the intent-to-defraud limb of s 9(3). The interaction between s 19 facsimile prohibitions and freedom of political or artistic expression has been noted in academic commentary, although the consent mechanism and the requirement that the representation be “capable of misleading” have kept the provision within constitutional limits.
Gotchas
Most practitioners assume that once a coin is “old” it falls outside the Act; that is true only for excepted coins and only in the absence of intent to defraud. A pre-1966 Australian penny that has been altered to look like a rare variety can still ground a s 9(3) charge.
The evidential burden on “reasonable excuse” is frequently misunderstood. It is not enough to assert the excuse in a record of interview; the accused must lead evidence capable of raising the issue before the prosecution is required to negative it. In a summary hearing this can be decisive.
Section 28 obligations are strict: a bank teller who simply returns a counterfeit note to a customer without marking it or forwarding the coin commits a breach of statutory duty, even if the customer is known to the teller. The obligation arises whenever non-excepted counterfeit is “presented” at the place of business.
The forfeiture net in s 29(1)(f) is wider than many realise: any article “intended to be used” in connection with an offence is caught even if the offence is never completed. A printer who creates a plate “just in case” may lose the plate and any associated materials.
The extraterritorial reach of s 5 is cut back by s 23. An Australian citizen who manufactures counterfeit US dollars in Thailand cannot be prosecuted under this Act unless the conduct relates to Australian money. Prosecution would have to rely on other legislation or foreign law.
Section 3(7) contains a little-noticed deeming provision: anyone who splits or tears a genuine note with intent to defraud is taken to have made counterfeit money, and both pieces are treated as counterfeit. This can convert a minor act of vandalism into a serious counterfeiting offence.
Finally, the s 27 examiner certificate regime applies only to foreign counterfeits. Domestic counterfeits must be proved by ordinary evidence or by calling officers of the Royal Australian Mint. Defence counsel sometimes overlook this distinction and fail to object to inadmissible opinion evidence.
How to comply
Compliance begins with awareness of the broad definitions in s 3. Any organisation that handles cash should have a documented procedure for suspected counterfeits that satisfies s 28: tellers must be trained to recognise non-excepted counterfeits, to stamp paper items clearly with the word “counterfeit” on both sides, and to forward coins promptly to the Mint. Failure to follow this process can itself attract regulatory scrutiny from APRA or the Reserve Bank.
Printers, publishers and advertising agencies must obtain the Treasurer’s written consent before producing any material that could be mistaken for currency or an Australian prescribed security. The consent may be conditional; applications should be made well in advance and should demonstrate that the reproduction is for legitimate artistic, educational or commercial purposes and contains overt disclaimers or scaling that prevents deception.
Financial institutions and cash-in-transit companies should maintain a register of surrendered counterfeits, recording the date, the person from whom received, and the steps taken to comply with s 28. This register will be essential if a s 9(2) defence is ever raised by a customer who later claims the item was planted.
Collectors and dealers in rare coins must document provenance and, where an item is an altered genuine coin, ensure that any sale or display does not cross into intent to defraud. Retaining expert opinions or numismatic certificates is prudent.
Importers and exporters of machinery, bullion, security paper or printing ink should conduct due-diligence checks to ensure the items have not been adapted for counterfeiting and are not being sent to or from premises known to be involved in currency production. A reasonable-excuse defence will be difficult to establish without contemporaneous records.
Organisations subject to the Act should include counterfeiting awareness in staff induction and refresher training. Policies should prohibit personal use of any coin-like token in vending machines and should require immediate reporting of any suspected counterfeit to a nominated compliance officer.
Because the Criminal Code applies, organisations should ensure that systems are in place to prevent, detect and correct conduct that could amount to corporate fault under Part 2.5. This includes training, reporting lines and disciplinary consequences.
Finally, any person who inadvertently comes into possession of what appears to be counterfeit money should treat it as non-excepted until proven otherwise, avoid any act that could be characterised as uttering, and surrender it as soon as practicable to a police officer or authorised bank officer. Prompt surrender is the safest way to engage the s 9(2) defence should the matter ever proceed further.
By treating the legislation as a set of interlocking prohibitions rather than a single “counterfeiting” offence, and by maintaining clear records at every point where currency or currency-like material is handled, organisations and individuals can minimise both legal risk and the possibility of inadvertent forfeiture of valuable equipment or materials.
(a) any article, not being a genuine coin, that resembles, or is apparently intended to resemble, or pass for, an excepted coin; or
(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;
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) a coin that was a current coin in Australia at any time before 14 February 1966; or
(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.
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.
(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.
(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).
(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.
(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.
(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.
(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:
(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
(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.
(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:
(a) because it was made purely for experimental or design purposes and not for issue as a current coin or current paper money; or
(b) because, although it was made for issue as a current coin or as current paper money, it has not been so issued.
4 Extension of Act to Territories
4 Extension of Act to Territories
This Act extends to every external Territory.
5 Extra‑territorial operation of Act
5 Extra‑territorial operation of Act
This Act extends, except so far as the contrary intention appears:
(a) to acts, matters and things outside Australia, whether or not in a foreign country; and
(b) to all persons, irrespective of their nationality or citizenship.
5A Application of the Criminal Code
5A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part II Offences
Part II—Offences
6 Making counterfeit money or counterfeit securities
6 Making counterfeit money or counterfeit securities
A person shall not make, or begin to make, counterfeit money or a counterfeit prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 14 years; or
(b) in the case of a person, being a body corporate—750 penalty units.
7 Uttering counterfeit money or counterfeit securities
7 Uttering counterfeit money or counterfeit securities
A person shall not:
(a) utter counterfeit money, knowing it to be counterfeit money; or
(b) utter a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 12 years; or
(b) in the case of a person, being a body corporate—600 penalty units.
8 Buying or selling non‑excepted counterfeit money or counterfeit securities
8 Buying or selling non‑excepted counterfeit money or counterfeit securities
(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.
(1A) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
(2) A person shall not, with intent to defraud:
(a) buy, sell, receive or dispose of; or
(b) offer to buy, sell, procure or dispose of;
an excepted counterfeit coin.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 12 years; or
(b) in the case of a person, being a body corporate—600 penalty units.
9 Possessing counterfeit money or counterfeit securities
9 Possessing counterfeit money or counterfeit securities
(1) A person shall not:
(a) have in his or her possession counterfeit money (not being an excepted counterfeit coin), knowing it to be counterfeit money; or
(b) have in his or her possession a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.
(1A) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
(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:
(a) that he or she did not make the counterfeit money or counterfeit prescribed security; and
(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.
(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.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 10 years; or
(b) in the case of a person, being a body corporate—500 penalty units.
10 Import and export of counterfeit money or counterfeit securities
10 Import and export of counterfeit money or counterfeit securities
A person shall not:
(a) import into Australia or export from Australia counterfeit money, knowing it to be counterfeit money; or
(b) import into Australia or export from Australia a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 12 years; or
(b) in the case of a person, being a body corporate—600 penalty units.
11 Instruments and material used for counterfeiting
11 Instruments and material used for counterfeiting
(1) A person shall not:
(a) make or mend, or begin or prepare to make or mend;
(b) buy, sell, receive or dispose of, or offer to buy, sell, procure or dispose of; or
(c) 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:
(a) in the case of a person other than a body corporate—imprisonment for 10 years; or
(b) in the case of a body corporate—500 penalty units.
(2) A person shall not:
(a) buy, sell, receive or dispose of, or offer to buy, sell, procure or dispose of; or
(b) 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:
(a) in the case of a person, not being a body corporate—imprisonment for 10 years; or
(b) in the case of a person, being a body corporate—500 penalty units.
(3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
12 Persons shall not import or export instruments for counterfeiting etc.
12 Persons shall not import or export instruments for counterfeiting etc.
A person shall not import into Australia or export from Australia:
(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
(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.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 10 years; or
(b) in the case of a person, being a body corporate—500 penalty units.
13 Conveying instruments or materials from premises
13 Conveying instruments or materials from premises
(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:
(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;
(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;
(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;
(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;
(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;
(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
(g) any article:
(i) that has been made for the purpose of issue as a prescribed security but has not been so issued; or
(ii) that has been made for experimental or design purposes in connection with the issue of a prescribed security.
Penalty:
(a) in the case of a person, not being a body corporate—imprisonment for 10 years; or
(b) in the case of a person, being a body corporate—500 penalty units.
(2) Subsection (1) does not apply if the p
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