Part 1
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Commonwealth legislation
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).
Those 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).
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Direct links to the current provisions in Crimes (Currency) (Disposal of Condemned Forfeited Articles) Direction 2019.
This instrument is the Crimes (Currency) (Disposal of Condemned Forfeited Articles) Direction 2019.
This instrument is made under the Crimes (Currency) Act 1981.
Note: 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.
In this instrument:
accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
constable has the meaning given by subsection 29(8) of the Act.
official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
the Act means the Crimes (Currency) Act 1981.
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: (a) Governor of the Reserve Bank of Australia; (b) Chief Executive Officer of the Royal Australian Mint; (c) Chief Executive of the Australian Office of Financial Management.
Note: This section does not prevent:
(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
(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.
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: (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; (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; (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; (d) otherwise—destroy the article.
Note: Example: A legitimate purpose includes staff training, research, and maintaining a database of forfeited articles.
Note: This section does not prevent:
(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
(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.
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.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Crimes (Currency) (Disposal of Condemned Forfeited Articles) Direction 2019.
This instrument is made under the Crimes (Currency) Act 1981.
Note: 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.
In this instrument:
accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
constable has the meaning given by subsection 29(8) of the Act.
official has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
the Act means the Crimes (Currency) Act 1981.
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: (a) Governor of the Reserve Bank of Australia; (b) Chief Executive Officer of the Royal Australian Mint; (c) Chief Executive of the Australian Office of Financial Management.
Note: This section does not prevent:
(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
(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.
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: (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; (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; (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; (d) otherwise—destroy the article.
Note: Example: A legitimate purpose includes staff training, research, and maintaining a database of forfeited articles.
Note: This section does not prevent:
(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
(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.
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.