Currency Determination No. 12 of 1993

The Determination rests on a small set of administrative and technical concepts. First, it is an exercise of the statutory power referenced in its preamble, namely subsection 13A(1) of the Currency Act 1965, which is the legal basis for making a determination of currency specifications (the Determination text records the source; the text itself does not reproduce s 13A(1)). The instrument is structured as a sequence of clauses each headed by the denomination and describing the coin’s “specifications and design” (see cl 4, cl 5, cl 6, cl 7). The concept of “standard composition” or “standard weight” is used repeatedly, with express numerical values and with an express allowance for specified weight variations (for example cl 4(4)-(6), cl 5(4)-(6), cl 7(4)-(5)).

Design elements are treated as discrete, auditable attributes. Each coin entry sets out shape (always “circular” in this Determination: cl 4(2), cl 5(2), cl 6(2), cl 7(2)), edge treatment (milled; or alternating coarse milled and plain segments, cl 4(3), cl 5(3), cl 6(3), cl 7(3)), weight and allowable variation (cl 4(4)-(5), cl 5(4)-(5), cl 7(4)-(5)), diameter and thickness (cl 4(6)-(7), cl 5(6)-(7), cl 7(6)-(7)), obverse and reverse motifs and inscriptions (multiple subparagraphs in cl 4(8)-(9), cl 5(8)-(9), cl 6(8)-(9), cl 7(8)-(9)). The reverse design descriptions include representational elements (for example, “a stylised representation of a tree” in cl 4(9)(a), “a representation of a kookaburra perched on a tree stump” in cl 5(9)(a) and cl 6(9)(a)), as well as textual inscriptions that must appear on the coin (for example “1 DOLLAR” cl 4(9)(c), or “THE AUSTRALIAN KOOKABURRA 2 OZ. 999 SILVER” cl 5(9)(d) and cl 6(9)(d)).

The Determination uses approximations for some dimensions of non-continuous features. For example, the alternating edge segments of the $2 coins are “approximately 10.25 millimetres” and “approximately 29 millimetres” respectively (cl 5(3)(a)-(b); cl 6(3)(a)-(b)). This conveys that the instrument sets design tolerances in a mix of precise values and approximate segment lengths.

The instrument also deploys an express revocation concept, removing prior determinations by number (cl 8). It also contains an express non-derogation clause that this Determination does not affect any other determination of specifications or design (cl 3), so the Determination is intended to sit alongside existing determinations except for the revocations it specifies.

Finally, the instrument records administrative identity and timing: it is made by the Parliamentary Secretary to the Treasurer, acting for the Treasurer, dated 29 September 1993, and commencing 6 October 1993 (preamble and cl 2). Those are the textual anchors for who issued the Determination and when it takes effect.

The Determination’s textual subject is coin specifications and designs. The immediate addressees in the instrument are the denominations and their physical attributes rather than named persons. The decision-making actor identified is the Parliamentary Secretary to the Treasurer, acting for the Treasurer, making the Determination under the authority of subsection 13A(1) of the Currency Act 1965 (preamble). The Determination does not name a mint, a supplier, a distributor, or purchasers. It therefore does not, within its text, expressly state who must act to implement it or who pays for manufacture, distribution, or sale.

From the text one can infer parties whose practical activities will need to align with it. Any body or person responsible for producing coins that are to be lawful currency in Australia under the Currency Act regime, and any persons responsible for approving or supervising minting operations under the enabling statute, will need to make the physical coins conform to the prescribed specifications and designs contained in clauses 4 to 7. The Determination itself prescribes a set of artefact attributes that must be met for the specified denominations from the commencement date (cl 2). Because the instrument revokes earlier Currency Determinations Nos. 5, 6 and 8 of 1993 (cl 8), any actors who were relying on or implementing those earlier determinations must transition to the specifications and design regime the present Determination creates.

The Determination does not address or alter legal tender status, pricing, sales channels, minting quantities, or purchaser eligibility. It does not identify collectors, dealers, retailers or the Reserve Bank of Australia. It does not set the sale or issue price for the gold $25 coins or the silver pieces, nor does it prescribe how or to whom coins are to be offered. The Determination likewise does not specify funding arrangements, appropriations, or charges for production or distribution.

Because the Determination is technical and focused on design and specification, affected operational parties are those that must ensure the physical product matches the mandated features: composition percentages, shape, edge form, weight and permitted variation, diameter, thickness, obverse and reverse designs and inscriptions, and the assembly of the four variants of the $25 coin and two $2 coin variants. These physical attributes will determine procurement and production choices for metals and tooling, as the Determination sets the material composition (for example cl 4(1), cl 5(1), cl 7(1)) and the dimensions to be produced.

The Determination itself imposes prescriptive specifications rather than duties phrased in imperative language directed at named parties. The operative content requires that the coins of the specified denominations have the compositions, shapes, edge treatments, weights (with allowable variations), diameters, thicknesses, obverse and reverse motifs, and inscriptions set out in clauses 4 to 7. Concretely, the text mandates the following attributes as the standard for those coin designs.

• $1 coin (cl 4): standard composition 92.5% silver and 7.5% other metal (cl 4(1)); circular shape (cl 4(2)); milled edge (cl 4(3)); standard weight 11.490 grams with an allowed variation of 0.230 grams (cl 4(4)-(5)); diameter 25.12 mm (cl 4(6)); thickness 2.80 mm (cl 4(7)); obverse bearing the Queen’s effigy and the inscriptions “ELIZABETH II”, “AUSTRALIA” and “1993” (cl 4(8)); reverse bearing a stylised tree, the Landcare Australia logo, and the inscription “1 DOLLAR” (cl 4(9)).

• $2 silver coin, design variant A (cl 5): standard composition not less than 99.9% silver (cl 5(1)); circular shape (cl 5(2)); edge consisting of alternating coarse milled segments approximately 10.25 mm and plain segments approximately 29 mm (cl 5(3)); standard weight 62.770 grams with allowed variation 0.5 grams (cl 5(4)-(5)); diameter 50.3 mm and thickness 4.5 mm (cl 5(6)-(7)); obverse bearing the Queen’s effigy and inscriptions “ELIZABETH II”, “AUSTRALIA” and “2 DOLLARS” encircled by raised beads (cl 5(8)); reverse bearing a kookaburra on a stump, two Australian flora, a representation of the Stewart & Hemmant Penny, inscriptions “THE AUSTRALIAN KOOKABURRA 2 OZ. 999 SILVER” and “1993”, all encircled by raised beads (cl 5(9)).

• $2 silver coin, design variant B (cl 6): same general physical parameters and obverse as cl 5 (cl 6(1)-(8)), with a different reverse: kookaburra and flora plus a representation of the Port Phillip Kangaroo 1/4 Ounce Gold Pound (colony of Victoria, 1853) rather than the Stewart & Hemmant Penny, and the same inscriptions as in cl 5(9) (cl 6(9)).

• $25 gold coins, four variants (cl 7): four coins each with standard composition not less than 99.99% gold (cl 7(1)); circular shape (cl 7(2)); milled edge (cl 7(3)); standard weight 7.85 grams with allowed variation 0.07 grams (cl 7(4)-(5)); diameter 22.60 mm and thickness 1.30 mm (cl 7(6)-(7)); obverse bearing the Queen’s effigy and the inscriptions “ELIZABETH II”, “AUSTRALIA” and “1993” (cl 7(8)); reverse bearing, for each coin, an effigy respectively of the Princess of Wales, the Princess Royal, Princess Margaret, and Queen Elizabeth The Queen Mother, each surrounded by a circle of crowns, and inscriptions “ELIZABETH II”, “40TH ANNIVERSARY” and “25 DOLLARS” (cl 7(9)).

The Determination contains a non-derogation clause, expressly stating it does not affect any other determination of specifications or design (cl 3). That clause operates as a textual limitation on this Determination’s scope with respect to other determinations, except where the Determination expressly revokes certain earlier determinations by number (cl 8). Clause 8 expressly revokes Currency Determinations Nos. 5, 6 and 8 of 1993.

Rights are not articulated in the Determination text. There are no express entitlements, licences, exclusivities, or pricing rights granted in the document. The Determination does not create a right to produce or to sell coins, nor does it confer any patent, trademark, or intellectual property licences. It likewise does not create purchaser rights, collector rights, or exemptions. All it does is set the technical parameters that coins of the listed denominations must have under the Determination.

Because the instrument prescribes composition and inscriptions, it operates as the legal specification against which produced specimens can be compared. The Determination therefore functions as a binding specification document from the stated commencement date (cl 2), but it does not, by its terms, state sanctions, approvals, or procedural steps for certification.

The Determination contains no provisions that set out penalties, sanctions, civil remedies, or criminal offences for non-compliance. Its text is purely prescriptive as to the specifications and designs of listed coin denominations. There is no clause in the Determination that articulates enforcement mechanisms, inspection regimes, certificate requirements, or civil or criminal penalties.

The instrument records that it is made under subsection 13A(1) of the Currency Act 1965 (preamble). The Determination does not reproduce subsection 13A(1) or any other provision of the Currency Act, nor does it set out enforcement steps under that Act. Consequently, any enforcement or penalty framework that applies to deviation from these specifications must be sought, if needed, in the Currency Act 1965 itself or in other laws that govern currency manufacture and misuse. The Determination does not identify an administrative authority responsible for monitoring compliance, nor does it empower or instruct a particular agency to take specific enforcement measures.

Practically, because the Determination prescribes precise physical attributes for coins, the only practical enforcement mechanism available from the text is comparison of produced coins against the specified measures. The Determination does not create an express certification or approval process for specimens. It also does not state whether coins not matching the specifications are invalid as currency, nor whether they may be seized or otherwise dealt with as unlawful. Similarly, the Determination does not state whether coins produced under earlier determinations remain lawful after the revocation in clause 8, or whether any transitional arrangements apply. Clause 3 states that this Determination does not affect other determinations of specifications or design, which could be read as preserving other designs unless expressly revoked (cl 3), but clause 8 revokes specified earlier determinations (cl 8).

Because the Determination is silent on enforcement, compliance obligations and consequences will depend on the statutory framework in the Currency Act 1965 and any relevant regulations, administrative practice, or separate contractual arrangements governing minting, issue and sale. The Determination itself leaves those matters outside its text.

The Determination is an instrument made under a statutory power, expressly referring to subsection 13A(1) of the Currency Act 1965 in its preamble. The Determination does not reproduce the statutory text of s 13A(1), nor does it cite or quote any other statutory provisions. Therefore interaction with other legislation is implicit rather than articulated in the instrument.

Clause 3 provides that the Determination “does not affect any other determination of the specifications or design of a coin,” which frames the Determination as additive to the existing body of determinations except where it expressly revokes them (cl 3). Clause 8 expressly revokes Currency Determinations Nos. 5, 6 and 8 of 1993. This creates a direct textual relationship with those earlier determinations, to the extent that they specified coin designs and are now expressly revoked. The Determination does not state whether other instruments, such as regulations or pieces of the Currency Act itself, contain inconsistent provisions or how conflicts are to be resolved.

Because the Determination is silent on enforcement, tender status, supply arrangements, or sale, any legal obligations, penalties, or rights that attach to coinage outside specifications will be governed by the Currency Act and other laws referenced in the Act, but the Determination does not identify them. For example, if the Currency Act contains offences relating to the fabrication or alteration of currency, or provisions governing legal tender or the authorisation of mints and printers, those would be the loci of legal effect for compliance and enforcement. The Determination itself does not amend the Currency Act or other legislation; it operates as an implementing and subordinate instrument under the statutory power identified.

The Determination prescribes inscriptions that include the sovereign’s effigy and specific words. Those inscriptions and effigies could interact with laws or rules on use of Crown emblems or protected symbols, but the Determination itself does not reference or alter any such laws. The Determination contains no intellectual property, trademark, or copyright statements governing the designs it prescribes.

In summary, this Determination modifies the corpus of currency determinations by adding explicit specifications for several commemorative coins and by revoking specified prior determinations. Interaction with the wider legal framework, including enforcement, legal tender status, mint authorisations, and other statutory obligations, is not addressed in the Determination text and must be traced to the Currency Act 1965 and any other applicable legislative or administrative instruments.

The Determination itself contains limited internal amendment history. It is identified as Currency Determination No. 12 of 1993 and dated 29 September 1993. Clause 8 revokes Currency Determinations Nos. 5, 6 and 8 of 1993. The document contains an express commencement clause setting the operative date as 6 October 1993 (cl 2). Beyond those entries, the instrument contains no internal schedule of prior amendments to itself.

Two components of the document are notable when reading amendment dynamics. First, clause 3 states that this Determination “does not affect any other determination of the specifications or design of a coin.” That language operates as a non-amendment clause with respect to other determinations, leaving them intact unless otherwise specified in clause 8. Second, clause 8 specifically revokes the earlier determinations by number. The Determination therefore effects changes to the corpus of Determinations for 1993 by both adding new specifications and removing prior determinations identified by number.

The Determination does not contain a savings or transitional provision addressing whether coins produced under the revoked determinations retain any legal status, or whether persons who acted under those earlier instruments must take action. The absence of transitional language means the immediate amendment operation is simply a revocation of the earlier numbered determinations; the Determination does not set out phasing, grandfathering, or conversion rules.

The Determination text does not record prior versions of itself, nor does it include marginal notes indicating subsequent amendments. The document as supplied is the operative instrument and contains the explicit textual change of revoking earlier determinations. Any other amendment history would have to be found outside this text, for example in the legislative register of determinations or in subsequent instruments, but it is not contained within this Determination.

The Determination text contains no references to litigation, litigation outcomes, or court decisions. It does not cite judicial interpretations, nor does it reference disputes, enforcement actions, or contested administrative decisions. The instrument is dated 29 September 1993 and commences 6 October 1993 (cl 2), and it contains the administrative act of revoking prior determinations by reference to their numbers (cl 8), but there is no mention of any legal challenge to the Determination within the text.

Because the Determination itself provides no litigation history or references to case law, any inquiry into judicial consideration of these specifications, or any legal challenges to the Determination or to the impact of its revocation of earlier determinations, would require examination of external sources such as court records, law reports, or administrative records. That material is not present in this instrument. Therefore within the confines of the Determination document there is no litigation history to report.

For practitioners who require certainty about whether the Determination has been the subject of litigation, or whether courts have interpreted its scope, content or validity, the determinative text here does not provide that information. The Determination’s silence on litigation means any such history must be sought in external repositories of court decisions or administrative records.

The Determination’s precision in many respects creates several practical risk points and potential pitfalls for anyone implementing or relying on it. The following are concrete, text-based observations to flag for implementers and advisers.

• Duplicate $2 specifications: The Determination contains two successive clauses, cl 5 and cl 6, both titled “Specifications and design of a $2 silver coin.” Both clauses set out near-identical physical parameters,composition, circular shape, edge segmentation, standard weight 62.770 grams, allowed variation 0.5 grams, diameter 50.3 mm, thickness 4.5 mm, and an obverse bearing the Queen’s effigy and inscriptions,yet the reverse representations differ (cl 5(9)(c)(i)-(ii) and cl 6(9)(c)(i)-(ii)). The text therefore specifies two distinct $2 silver-coin designs simultaneously. Implementers should note that both clauses apply, and that there is not a single $2 design but two authorised variants in the same instrument.

• Precise and approximate values: Some measurements are expressed as precise numerical values (for example cl 4(4): standard weight 11.490 grams; cl 4(6): diameter 25.12 millimetres), while other dimensions of segmented features are expressed as “approximately” (for example cl 5(3)(a)-(b) and cl 6(3)(a)-(b) for the lengths of alternate edge segments). The use of “approximately” introduces interpretive leeway for segmented edges. Conversely, precise decimal weights and dimensions create strict manufacturing tolerances that must be observed within the explicitly allowed weight variation (for example cl 4(5), cl 5(5), cl 7(5)).

• Weight variation asymmetry: The allowed variations are asymmetric across denominations. For example, the $1 coin allows a variation of 0.230 grams from a standard weight of 11.490 grams (cl 4(4)-(5)), the $2 coins allow ±0.5 grams from 62.770 grams (cl 5(4)-(5), cl 6(4)-(5)), and the $25 coins allow ±0.07 grams from 7.85 grams (cl 7(4)-(5)). These tolerances are specified and must be applied to production quality control.

• Material composition minimums: The $2 coins are specified as having a standard composition that “includes not less than 99.9% silver” (cl 5(1), cl 6(1)), and the $25 coins “includes not less than 99.99% gold” (cl 7(1)). The $1 coin’s composition is 92.5% silver and 7.5% other metal (cl 4(1)). The Determination does not define “standard composition” beyond those percentages. Practically, this requires sourcing metal of the specified fineness and documenting composition, but the instrument does not set testing standards or acceptance regimes.

• Inscriptions and effigies: The obverse inscriptions in cl 4(8), cl 5(8), cl 6(8), and cl 7(8) are specific. The four $25 coin reverses are each to bear the effigy of a named royal person, and cl 7(9)(a)(i)-(iv) lists those persons precisely. The text requires exact inscription strings in upper-case strings such as “THE AUSTRALIAN KOOKABURRA 2 OZ. 999 SILVER” (cl 5(9)(d), cl 6(9)(d)). Any deviation in wording, punctuation, or placement could raise compliance questions because the Determination is exacting in its language.

• Non-effect clause vs revocation: Clause 3 states that the Determination “does not affect any other determination of the specifications or design of a coin” (cl 3). Clause 8 revokes three earlier determinations by number (cl 8). This combination means that most existing determinations remain untouched, but those specifically revoked are removed. Implementers must reconcile which prior instruments are still in force, rather than assuming a wholesale replacement.

• No enforcement or transitional text: The Determination contains no enforcement, certification, or transitional provisions. It does not address how to treat existing stock minted under prior determinations, whether specimens not matching the new specs remain lawful, or what administrative approvals are required to produce coins to the new specs. Absence of those provisions creates implementation points that require resolution through the Currency Act or administrative practice.

• Dependence on external statute: The instrument is made under the authority of subsection 13A(1) of the Currency Act 1965, which is not reproduced. Practitioners must consult the parent statute to understand the legal force, scope, and enforcement avenues of the Determination; the Determination alone does not provide that context.

These are not matters of policy critique but are concrete textual and implementation pitfalls that follow directly from the Determination’s drafting and content.

Compliance with this Determination, insofar as the text prescribes, requires ensuring that any coins produced to the denominations listed match the specifications set out in clauses 4 to 7 from the commencement date, 6 October 1993 (cl 2). The Determination itself does not lay out an administrative compliance process, so the steps below follow directly from the instrument’s prescriptive text and practical needs to meet it.

1. Identify Applicable Clauses. Map each coin to its clause. The $1 coin is governed by cl 4. Two $2 silver-coin variants are governed by cl 5 and cl 6 respectively. Four $25 gold coins are governed by cl 7. Note that cl 3 preserves other determinations unless revoked, and cl 8 revokes Currency Determinations Nos. 5, 6 and 8 of 1993.

2. Ensure Material Composition Matches. For each denomination verify the metal fineness and composition in your procurement and assay specifications: $1 coin composition 92.5% silver and 7.5% other metal (cl 4(1)); $2 coins at least 99.9% silver (cl 5(1), cl 6(1)); $25 coins at least 99.99% gold (cl 7(1)). Implement assay and procurement clauses that document the composition to the specified numeric minimums as furnished in the Determination text.

3. Manufacture to Physical Dimensions and Weight Tolerances. Set production tooling and quality control targets to the specified standard weights and allowed variations: $1 standard weight 11.490 grams with allowed ±0.230 grams (cl 4(4)-(5)); $2 standard weight 62.770 grams with ±0.5 grams (cl 5(4)-(5), cl 6(4)-(5)); $25 standard weight 7.85 grams with ±0.07 grams (cl 7(4)-(5)). Also ensure diameter and thickness meet the specified values (cl 4(6)-(7), cl 5(6)-(7), cl 7(6)-(7)). For edged features, implement appropriate tooling for milled edges or alternating milled/plain segments, with the segment lengths for $2 coins approximated as 10.25 mm and 29 mm (cl 5(3), cl 6(3)).

4. Reproduce Obverse and Reverse Designs Exactly. Ensure die artwork matches the exact descriptions in the Determination including the Queen’s effigy and inscriptions on the obverse (cl 4(8), cl 5(8), cl 6(8), cl 7(8)). For reverses, implement designs per the text: $1 reverse tree and Landcare Australia logo plus “1 DOLLAR” inscription (cl 4(9)); $2 variants with kookaburra plus specified colony coin representations and inscriptions (cl 5(9), cl 6(9)); four $25 reverses each bearing the named royal effigy surrounded by a circle of crowns and inscriptions including “40TH ANNIVERSARY” and “25 DOLLARS” (cl 7(9)). Confirm placement and wording of inscriptions match the Determination.

5. Quality Control and Documentation. Because the Determination establishes specific numeric parameters and allowed variations, maintain production records showing weights, assay results, dimensions and photographic records of obverse and reverse designs for specimens. The Determination itself does not specify certification processes, so document internal compliance evidence to demonstrate adherence to the text should an external authority require proof.

6. Address the Revocation and Other Determinations. Review the content of Currency Determinations Nos. 5, 6 and 8 of 1993 to determine the exact specifications that have been revoked (cl 8). Map existing stock and any production run that proceeded under those revoked determinations to determine whether reworking, relabelling, or separate accounting is necessary. The Determination’s cl 3 preserves other determinations not expressly revoked, so identify any other applicable determinations in force.

7. Liaise with Statutory Authorities. The Determination is made under subsection 13A(1) of the Currency Act 1965. Because the Determination does not state enforcement or procedural arrangements, consult the statutory authority responsible for currency determinations (as referenced in the preamble) to confirm operational approvals, any required certificates, and whether any administrative approvals or notifications are necessary prior to minting.

8. Maintain version control and effective dates. The commencement date is cl 2: 6 October 1993. Ensure manufacture and issue schedules reflect that date and that any coins produced or issued after that date conform to these specifications. Keep records of die numbers, production runs, and dates to distinguish pre- and post-commencement specimens.

9. Consider insurance and custody for precious metal content. The Determination sets high precious metal standards for some denominations. Ensure procurement, storage, transport and insurance arrangements reflect the intrinsic value of the materials used. The Determination does not prescribe these arrangements; they are operational matters to be set by implementers.

10. Seek legal clarification if there is any ambiguity. If questions arise , for example, over the interpretation of “approximately” for edge segment lengths, or whether coins minted under revoked determinations remain lawful , seek clarification from the statutory authority or legal counsel. The Determination does not provide interpretive guidance.

Following these steps aligns production and design activity with the Determination’s textual requirements. The Determination does not provide a compliance checklist or penalties for non-compliance; therefore documentary proof of conformance will be the primary safeguard for implementers to show adherence to the instrument.