Currency (Perth Mint) Determination 2000 (No. 5)

The central concept is that of a “specification” under the Currency Act. A Ministerial determination fixes the exact physical attributes a coin must have to be lawfully issued as legal tender by the Perth Mint. The terms used in the Determination are: “denomination” (the face value, e.g. $20, 25 cents, $1); “standard composition” (the required metal purity, e.g. “not less than 99.9% silver” or “bi-metallic: centre piece - 99.9% gold, surround - 99.9% silver”); “standard weight and allowable variation” (a target weight plus a tolerance, here ±0.500 grams for all coins); “dimensions” (diameter and thickness); and “design” (sub-divided into shape, edge, obverse and reverse). The Determination introduces the symbolic coding system used in the table: “S1” for circular, “S4” for seven-pointed star-shaped; “E1” for continuously milled edge, “E4” for plain edge; and detailed alphanumeric codes for obverse (O23, O24, O25) and reverse (R245 through R253) that map to written descriptions in Part 2 of the Schedule. For non-circular coins, the term “diameter” is defined as the longest distance between two opposite points on the edge (s3(2)). This is relevant for the 25 cent star-shaped coin. Another key concept is the “holey dollar” design used for the seven $1 coins: a silver annulus with a seven-pointed star-shaped hole in the centre, with an effigy of the Queen and inscriptions on the obverse, and on the reverse a ring of state and territory coat-of-arms shields, one of which is pad printed in colour. “Pad printing” is a method of transferring a two-dimensional image onto a three-dimensional object, allowing the coloured shield to be printed onto the coin surface. The reverse designs R247 through R253 are identical except for which shield is coloured: one per coin for New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, and the Northern Territory respectively. The “mint mark” P indicates production by the Perth Mint. The $20 coin uses a “bi-metallic” concept, combining two separate metal components into one coin, and its obverse features a seven-pointed star-shaped gold centrepiece with the Queen’s effigy surrounded by a silver border with raised beads and inscriptions. The 25 cent coin uses a “dump” shape - a seven-pointed star-shaped piece - for both reverse and obverse, with a plain edge. The concept of “allowable variation” is critical for weight: a coin that falls outside the ±0.500 gram tolerance may be considered defective or counterfeit under the Currency Act. The Determination also clarifies that it does not supersede or affect any other Determination of coin specifications, meaning multiple determinations can coexist for different coin types.

The direct and primary duty holder is the Perth Mint. It must ensure that every coin it issues under this Determination matches the specified composition, weight within tolerance, dimensions, and design elements exactly. Any deviation renders the coin non-conforming, and it may be refused as legal tender or treated as defective. The Minister and the Treasury are affected as the policy-making and oversight bodies responsible for the Currency Act and for future determinations. Coin collectors and numismatists will rely on this Determination to authenticate and value the nine coin types. The coins are likely sold to the public at a premium above face value, given their precious metal content and limited mintage. Collectors, investors, and dealers form the secondary market; they need to verify that coins match the published specs, particularly the weight tolerance and the exact placement of the coloured pad printing on the $1 coins. The public at large may encounter these coins as occasional circulation pieces, though it is improbable given their metal value. The Reserve Bank of Australia has an interest because these coins are legal tender and must be accepted at face value if offered for payment, though the metal value far exceeds face value, making circulation unlikely. The Royal Australian Mint, which produces the majority of Australia’s circulating coins, is not directly affected, but this Determination reinforces the Perth Mint’s separate authority under the Currency Act. The legal community, particularly barristers and solicitors handling counterfeit cases, will use this Determination as the authoritative source for the genuine specifications of these coins. Counterfeit checkers, including banks and cash handlers, would refer to the publication for verification purposes. The Determination also affects the market for precious metal coins: by specifying high purity silver and gold, it creates a government-backed product that competes with private bullion and coin producers. The cost to the taxpayer of producing such coins is not disclosed, but the government is likely to earn seigniorage from collectors willing to pay above face value. There is no direct effect on private enterprise beyond competition with private mints. The compliance burden is concentrated entirely on the Perth Mint, and the broader economy bears no ongoing cost from this Determination. It is a one-off administrative instrument that does not impose recurring obligations on any non-government party, except insofar as those who trade in the coins must ensure their authenticity.

The Determination itself imposes only one explicit duty: the Perth Mint must mint coins that conform to the specifications set out in the Schedule. There is no duty stated to be on any other person. However, the underlying Currency Act 1965 creates related duties. Under s13A, the Minister may determine specifications for coins to be minted by the Perth Mint; the Perth Mint must comply with any current determination when minting coins. The right conferred by the act of minting a coin conforming to a determination is that the coin is legal tender in Australia for its denomination (Currency Act s14). Thus, holders of these coins have the right to use them as legal tender at face value. Conversely, the public has no duty to accept them; legal tender laws require acceptance for payment of debts, but are often limited in practice for such high-value coins. The Determination does not grant the Perth Mint any monopoly; other entities may produce private bullion coins, but they will not be legal tender. The Minister’s discretion to vary or revoke the Determination is not specified in the text, but would exist under the Act. The “right” of a collector to a coin reflecting the described design is enforceable only if the coin fails to match the specification: the collector likely has no private right of action against the Mint for minor variations unless the coin is sold as conforming. The Determination also includes a “savings” provision: s4 states that these specifications do not affect any other Determination, preserving the validity of earlier instruments. This may be relevant if a coin was originally specified under an earlier determination but is later re-specified; the earlier reference is not invalidated. The key right for the Perth Mint is the authority to issue these coins as legal tender; without a current determination, the coins would not be lawful. The Determination also effectively grants the Minister the power to define design elements, including pad printing and shape, which are not otherwise regulated. For the public, the main right is to rely on the published specifications for authenticity checks. There is no obligation to report non-conforming coins, though if a criminal counterfeit is suspected, reporting is prudent. The design contains registered trade marks or copyright (the Queen’s effigy, the coats of arms), but the Determination does not address intellectual property rights. The duty to respect those rights lies separately. Overall, the Determination is a narrow technical instrument, and the duties and rights are mostly derivative of the Currency Act.

The Determination contains no penalty provisions. Enforcement of coin specifications is achieved through the Currency Act 1965, which makes it an offence to counterfeit coin, to possess counterfeit coin, or to alter genuine coin. Section 15 of the Currency Act also prohibits defacing or destroying current coin. The specifications in this Determination are the benchmark for genuineness. If a person produces a coin that purports to be one of the nine types but does not meet the weight, composition, or design standards, that coin is not genuine, and its production or possession may attract criminal penalties under Part 10 of the Criminal Code (forgery of currency) or the Currency Act. The maximum penalty for counterfeiting is imprisonment for up to 14 years under the Criminal Code (s 369.1). For the Perth Mint, if it negligently or intentionally issues coins that do not conform to the Determination, the coins are not legal tender and the Mint may face civil liability to purchasers for misrepresentation or breach of contract. There is no express enforcement mechanism in this Determination; the Minister retains oversight and could revoke or amend the determination, or withdraw approval for the Mint to issue coins. The Australian Securities and Investments Commission could become involved if the coins are sold as investments with misleading claims about their composition. The “allowable variation” of ±0.500 grams in weight creates a boundary: a coin exceeding that variation is not to the specification, even if the Mint intended a genuine coin. In practice, enforcement of these specifications in a criminal case would require expert evidence comparing the coin to the Determination. The coloured pad printing is a particularly precise design element; fading or misregistration could be used to argue non-conformance. The Determination itself does not mandate any marking on the coin to indicate the applicable determination number, though the mint mark “P” and the year 2001 on the 25c coin provide some identification. There is no ongoing reporting requirement. Enforcement costs fall on the state through police and prosecutorial resources. The private sector bears the cost of verifying authenticity if they accept these coins as tender or trade them. The Determination thus operates as an evidentiary standard rather than a direct enforcement tool.

This Determination is made under subsection 13A(1) of the Currency Act 1965 (Cth). The Currency Act is the primary law for Australian coinage. Section 14 of that Act provides that coins issued under a current determination are legal tender. Therefore, this Determination is essential to the tender status of the nine coin types. The Determination also interacts with the Reserve Bank Act 1959, which sets the monetary system and privileges currency. The coins are part of the currency, but they are minted by the Perth Mint, not the Reserve Bank, highlighting the Mint’s separate authority. The Determination may also have implications under the Competition and Consumer Act 2010, particularly the Australian Consumer Law, if the Perth Mint markets the coins with specifications that the Determination does not support. Any misrepresentation as to weight or purity could attract penalties for false or misleading conduct. The trade marks legislation is relevant because the coins bear the Queen’s effigy and the coats of arms; use of these images is authorised by government, but private reproduction would require permission. The criminal law interacts strongly: the Determination sets the standard for “current coin” for the purposes of counterfeiting offences in the Criminal Code (Part 10). Division 369 defines coin as current coin if it is legal tender in Australia. A coin produced to match this Determination would be genuine; one produced to a different standard would be counterfeit. The Determination also interacts with state and territory laws on precious metal trading; for example, if a coin is sold as bullion, it must also comply with trade measurement laws for weight. The Determination itself does not affect any other coin specifications, as s4 expressly provides that it does not affect other determinations. This means separate determinations for other Perth Mint coins or Royal Australian Mint coins remain in force. Over time, later determinations may supersede this one, but this instrument remains in effect until repealed or replaced. There is no interaction with international law, although the coins could be traded abroad and would need to be authenticated using these specifications. The Hague Convention on coins is not relevant. The Determination also interacts with taxation law: because the coins contain precious metals, their purchase may attract GST, and capital gains tax treatment depends on whether they are considered collectibles or investment gold. The ATO uses the purity specified in such determinations to classify coins for GST purposes (specifically, whether they are investment gold under A New Tax System (Goods and Services Tax) Act 1999, usually requiring 99.5% purity for gold, which the $20 coin at 99.9% easily meets). The Determination is a legislative instrument but is not subject to disallowance given its date; however, it would be registered on the Federal Register of Legislation. Its interaction with the Legislative Instruments Act (now the Legislation Act 2003) means it is publicly accessible and may be subject to sunsetting if not exempt. Overall, the Determination is a narrow but necessary link in the legal chain that makes these specific coins lawful currency and defines their nature.

The source text on its face shows no amendments. The document is presented as the original Determination made on 10 October 2000. It is a standalone instrument without any indication of subsequent variation or repeal. There is a heading “Currency (Perth Mint) Determination 2000 (No.5)”, which suggests it was part of a series of numbered determinations made in 2000. Later years likely produced further numbered determinations for other coin issues. The absence of amendment information in the source material means there is no evidence of any change to the specifications of these nine coins after their original specification. The Determination as published is likely the version current at the time of gazettal (2000). It is possible that the Determination was later repealed or replaced by a later determination for the same coin series, but the source does not so indicate. For the purpose of a deep dive grounded strictly in the source, we must note that no amendment history is provided. The Determination may have been automatically repealed if it ceased to be in force under the Legislation Act 2003 sunsetting provisions (legislative instruments tabled after 2005 are subject to sunsetting after 10 years, but this instrument pre-dates that regime). It may remain in force as a preserved instrument. The user, a professional, should verify the current status on the Federal Register of Legislation, as this Determination may have been repealed or amended by a later instrument not shown here. The source provides a “Currency (Perth Mint) Determination 2000 (No.5)”, indicating it was the fifth such determination in that year. The existence of other numbers suggests the Minister made multiple determinations for different coin series; this Determination is specific to the nine coins described. The lack of amendment history is itself notable: it means these coins have not had their specifications revised in any published manner, unless a later determination subsumed them. The practical implication is that the specifications in the Schedule are the only legal reference for these coins. Any deviation in actual minted coins would be a non-compliance, not a lawful amendment. Collectors and dealers should therefore treat the table as definitive until proven otherwise by a later determination.

The source text contains no mention of any litigation. There is no case name, judgment, or reference to court proceedings. Given that the Determination is a technical instrument addressing coin specifications, it is unlikely to have been directly litigated. However, the specifications could have been used as evidence in cases concerning counterfeiting or coin authenticity. For example, a person charged with possession of counterfeit coins could argue that the coin in question met the specifications and was therefore genuine. There is no known case law reported in the source. The Determination is a subsidiary legislative instrument, and its interpretation would likely be straightforward, reducing the need for litigation. If the Perth Mint issued a coin that deviated from the specifications, a purchaser might bring a civil action for misrepresentation or breach of contract, but no such case is referenced. The document itself is from 2000, and the coins are now over twenty years old, so any litigation would likely have appeared in public records if it occurred. The absence of reference suggests none is directly on point. The user should not assume litigation did not occur, but the source does not support any. It is possible that the Determination was challenged on procedural grounds (e.g., whether the Minister had power under s13A to specify coloured pad printing), but no record exists in the provided text. For completeness, we note that the Determination predates modern review mechanisms, so any challenge would have been under the Administrative Decisions (Judicial Review) Act 1977, but no such challenge is known from the source. The practical takeaway for the professional is that the Determination has operated without judicial interpretation, meaning its provisions are untested in court. This introduces a small element of risk if a dispute arises over the meaning of “pad printed in colour” or “a representation of the design on the shield” - a court would need to construe those terms afresh. The lack of litigation history is a feature of this instrument’s niche and non-controversial scope.

Several aspects of this Determination could trap the unwary. First, the allowable weight variation is ±0.500 grams for every coin. For the $1 coin with a standard weight of 22.385 grams, that tolerance is only 2.23 per cent. A coin that weighs 21.885 grams is at the lower limit and might still be genuine; one at 21.88 grams is out of spec and potentially counterfeit or defective. Collectors and dealers must have accurate scales. Second, for the 25 cent coin, which is seven-pointed star-shaped, the “diameter” is defined as the longest distance between two opposite points on the edge (s3(2)). That is not the same as the width of the star; measuring the wrong dimension could lead to misidentification. Third, the $20 coin is bi-metallic; the gold centre piece could become detached from the silver surround over time, but the Determination does not address durability. A coin with a detached centre piece likely fails the design specification and may not be legal tender. Fourth, the seven $1 coins are identical in all respects except which state or territory shield is pad printed in colour. This means a collector who accidentally swaps the coins in the series could misattribute which is which. The reverse designs R247 through R253 each have one coloured shield; the colour is on a specific shield only. If the colour wears off or fades, the coin becomes indistinguishable from others in the set, potentially damaging its value and collectibility. The Determination does not stipulate a minimum colour life. Fifth, the obverse of the $1 coins uses a “small effigy of Queen Elizabeth II” inside a circle of raised beads and a seven-pointed star-shaped hole. The hole is part of the design; a coin without the hole or with a differently shaped hole would be non-conforming. The “holey dollar” name references the historic Spanish dollar with a hole, but here the hole is star-shaped, not round; that shape must be precise. Sixth, the 25 cent coin has a plain edge (E4) while the $20 coin has a continuously milled edge (E1). Edge type is part of the specification; any edge design other than plain for the 25c coin would be a defect. Seventh, the allowable weight variation is ±0.500 grams, but the table shows the same tolerance for all coins, from the 8.749g 25c coin to the 19.60g $20 coin to the 22.385g $1 coin. That means the tolerance is proportionally wider for the lighter coin (5.7% of standard weight) than for the heavier one (2.2% and 2.2%). A seller claiming “tight tolerance” for the 25c coin would be misled. Eighth, the mint mark “P” is required by the reverse design for all coins. A coin without the “P” is not to specification and may be considered a pattern or counterfeit. Ninth, the coat of arms shields represented on the $1 coins are described as “a representation of the design on the shield” - not necessarily a faithful reproduction; any significant deviation from the official coats of arms could still be within the specification as long as it is a “representation”. That ambiguity could be exploited. Finally, the Determination does not require that the coins be packaged or marked with a certificate of authenticity; relying solely on the specifications for authentication requires precise measurements and design checks.

Compliance with this Determination is relevant almost exclusively to the Perth Mint, which is responsible for producing the nine coin types exactly as specified. For the Mint, the process must ensure that each coin meets the standard composition: the $20 coin must have a centre piece of 99.9% gold and a surround of 99.9% silver. The 25 cent and $1 coins must each be struck from silver of at least 99.9% purity. The weight must be within ±0.500 grams of the standard. The diameter and thickness must match the stated dimensions exactly (within the usual tooling tolerances of coin production). The shape must be either circular (for $1 and $20 coins) or seven-pointed star-shaped (for 25 cent coin). The edge must be continuously milled (for $20 and $1) or plain (for 25 cent). The obverse and reverse designs must match the descriptions in Part 2 exactly, including the exact inscriptions, the effigy of the Queen, the arrangement of raised beads, the placement of the floral emblems on the $20 coin, and especially the coloured pad printing on the $1 reverse designs. Each $1 reverse design specifies which one of the seven shields is pad printed in colour; the colour must be applied to that specific shield and not to any other. The colours are not further specified in the Determination, so the Mint must define the exact colour standard for each shield. The Perth Mint should maintain strict quality control and reject any coin that deviates from the specifications. For dealers and collectors, compliance means being able to verify that a coin offered or held is genuine by checking it against this Determination. This requires access to the Determination text, a precision scale (with accuracy to at least 0.01g), callipers or a micrometer, and visual inspection of the design details. For the 25 cent coin, measurement of the star shape requires identifying the longest distance between two points; a specialist gauge may be needed. For holey dollars, the central hole’s shape and size should be consistent across the series. Weight is the easiest indicator: any $1 coin weighing less than 21.885 grams or more than 22.885 grams is out of tolerance. The thickness of 4.00 mm and diameter of 40.50 mm are checkable. The continuously milled edge should show distinct reeding; a plain edge should have none. The obverse and reverse legends should match: “ELIZABETH II”, “AUSTRALIA”, and the correct denomination (“20 DOLLARS”, “25 CENTS”, “ONE DOLLAR”). The mint mark “P” must be present. The reverse designs should correspond to the specific code (R245 etc.). A coin purporting to be the $20 coin must have the gold centre piece fused with the silver surround and the star-shaped gold centrepiece with the coat of arms. For the coloured series, the coloured shield must be the correct one for that coin: for R247 it is New South Wales, for R248 Victoria, and so on. A set where all colours are on the same shield is counterfeit. There is no filing or reporting obligation for third parties. The primary compliance cost for the Mint is the assurance of consistent pad printing and bi-metallic bonding. For the public, compliance is passive: if you hold these coins, you are not required to do anything except to treat them as legal tender if offered.