9Possessing 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.