Currency (Perth Mint) Determination 2003 (No. 3)

The Determination uses two principal statutory mechanisms under the Currency Act 1965. First, it amends the effective content of the Act's Schedule by reference, instructing that the listed denominations and their "standard composition" be treated as included in the Schedule to the Currency Act (section 3). That is, the Determination does not directly amend the Act's text by legislative amendment; instead it operates under delegated power to produce an effect "as if" those entries had been in the Schedule. Second, it performs the separate but related function of specifying the full technical details required by subsection 13A(1) of the Currency Act (section 4). The combined effect is that the denominations, metal purities, weights and design features set out in Schedule 1 become the nominated standards for those coins under the Act.

The core technical concepts in Schedule 1 Part 1 are numeric and descriptive parameters for each coin: denomination and nominal troy ounce weight (column 2), minimum metal purity (column 3), standard weight and allowable variation in grams (column 4), diameter in millimetres and thickness in millimetres (column 5), and design descriptors split into shape, edge, obverse and reverse (column 6). The instrument distinguishes between "standard composition" (minimum purity expressed as a percentage, for example "Not less than 99.99% gold" for the $4 1/25 oz pieces, items 101-105) and actual mass (grams) with explicit tolerances (for example 1.25 ± 0.015 g for items 101-105). Part 2 of the Schedule supplies the decoding for shorthand symbols such as O31-O34 and R366-R374: these explain features like a circle of raised beads inside the rim, the precise effigy of Queen Elizabeth II and monogram "IRB", the presence of a gilded effigy (O32), or a holey-dollar annulus (O33).

The design entries mix textual inscriptions and pictorial motifs. For example, R366-R370 are reverse designs for the Australian Nugget $4 pieces, each showing an inscription identifying the coin ("THE AUSTRALIAN NUGGET 1/25 OZ. 9999 GOLD") and a year (2001-2005) together with specific reverse imagery (prospector scenes, Eureka Stockade leader Peter Lalor, the Welcome Stranger nugget) and designer/assayer initials (P, LK, SA). The silver $1 coins include reverse R371, a gilded stylised kangaroo and lion, and R372, a coloured pad-printed Mawson Station motif with inscriptions referencing the Australian Antarctic Territory and metal content.

Finally, section 5 clarifies scope: the Determination's specifications do not affect any other Determination of the specification of a coin. That preserves the existing regulatory environment of other coin specifications made under the same statutory powers.

Direct legal addressees

• The Parliamentary Secretary to the Treasurer is the official who made the instrument (opening paragraph). The Determination is an exercise of delegated power under paragraph 13(2)(b) and subsection 13A(1) of the Currency Act 1965. The direct legal effect is to alter how the Currency Act treats particular denominations and to specify their technical characteristics (sections 3-4).

• The Perth Mint is the practical addressee in substance. The instrument is titled the Currency (Perth Mint) Determination and the Schedule sets the specification of coins produced by or associated with the Perth Mint. By defining denominations, composition, mass tolerances, dimensions and designs, the Determination sets the standards that Perth Mint-produced coins intended to sit within the legal regime of the Currency Act must meet. The text itself does not explicitly name operational duties for the Mint, but the specifications prescribe the technical output the Mint must achieve for those coins to meet the statutory standard (Schedule 1 Part 1; see sections 3-4).

Secondary affected parties

• Coin purchasers, collectors and numismatists are affected indirectly because the legal recognition of denominations and the specification of composition and design affect provenance, collectibility and the coin’s legal identity. The Schedule lists purity specifications (e.g., "Not less than 99.99% gold" for the $4 pieces, items 101-105) and weight tolerances (column 4). Those parameters are material to valuation and authentication.

• Assayers, minting engineers and designers are practically affected because the instrument requires specific finishes and design elements: for example, obverse codes O31-O34 specify effigies and inscriptions; O32 requires a "gilded effigy" of Queen Elizabeth II; O33 prescribes a holey dollar annulus. Reverse codes R371-R374 prescribe imagery and inscriptions and, in one instance, pad-printed colour work (R372). These are precise technical and artistic specifications the producing authority must implement.

• Secondary market participants such as dealers and refiners are indirectly affected by the specified minimum metal purities and weights (Schedule 1 Part 1, column 3-4), since those parameters determine the intrinsic metal content that underpins secondary market valuation.

Who is not directly altered

• The Determination itself does not impose criminal penalties or enforcement procedures within its text. It does not alter other Determinations (section 5). Any person whose activities are regulated under separate parts of the Currency Act or other statutes will continue to be governed by those provisions; this Determination only supplies specific coin specifications to be read together with the Currency Act (see section 3).

Geographic and temporal scope

• The Determination commences on gazettal (section 2), thereby taking immediate effect from that administrative event. It applies to the listed denominations and specifications in Schedule 1 for coins falling within those items; it does not claim to be prospective beyond its Schedule nor to alter other instruments (section 5).

This Determination is primarily prescriptive about coin specification rather than rights or procedural duties in the sense of ongoing regulatory obligations. The instrument creates technical obligations by specifying the minimum composition, weights, dimensions and designs for a discrete set of Perth Mint coins; those specifications operate as standards to be met by coins that are to be treated under the Currency Act as specified in the Schedule. The operative clauses are section 3 (which tells the Currency Act to have effect as if the denominations and standard compositions were included in the Act’s Schedule) and section 4 (which specifies denomination, composition, weight and design for each coin).

Key prescriptive obligations implicit in the text

• Composition minimums: Each listed coin has a "standard composition" requirement in column 3 of Schedule 1 Part 1. For the five 1/25 oz gold $4 coins (items 101-105) the standard composition is "Not less than 99.99% gold". For items 106-109 the standard composition is "Not less than 99.9% silver" (see Schedule 1 Part 1, column 3). The practical implication is that coins intended to match these specifications must meet or exceed those purity thresholds.

• Weight and tolerance: Column 4 sets a "standard weight and allowable variation" for each item. For example, the 1/25 oz gold pieces have a standard weight of 1.25 g with an allowable variation of ±0.015 g (item 101-105, col. 4). The silver $1 one ounce coins have a stated weight 31.635 g ±0.500 g (item 106-107). Compliance requires manufacturing and quality control sufficient to fall within those tolerances.

• Dimensions: Column 5 prescribes diameter and thickness in millimetres; for example, the gold $4 pieces are 14.10 mm diameter, 1.10 mm thick (items 101-105). The silver $1 one-ounce pieces are 40.60 mm diameter by 4.00 mm thick (items 106-108), while the 25 cent silver piece is 17.60 mm diameter and 4.00 mm thick (item 109).

• Design features: Column 6 binds the coins to specific shape, edge, obverse and reverse design identifiers, which are then explained in Part 2. For example, S1 indicates circular shape; E1 indicates continuous milled edge; O31-O34 detail specific obverse treatments including inscriptions and effigy types; R366-R374 specify reverse motifs and inscriptions. Implementing bodies must adopt these design elements to satisfy the Determination.

Rights and statutory effect

• The Determination gives the listed coins a specified legal character under the Currency Act by bringing their specifications into the Act’s effective Schedule (section 3). That is a statutory right in the sense that coins meeting these specifications will be the denominations and compositions the Act recognises as specified in its Schedule. The Determination does not itself create payment obligations or change the legal tender rules in text, but it supplies the statutory specification that the Currency Act will treat as the standard composition for those denominations.

• The instrument does not grant any express licences, monetary privileges, or exclusive production rights in its text. It does not, within its own provisions, confer proprietary rights over designs, nor does it assert exclusive production by Perth Mint; the title and Schedule link the content to Perth Mint output but the Determination’s legal operation is specification rather than the allocation of monopoly rights.

Procedural duties not included

• The Determination does not set ongoing reporting, certification or assay duties in its text. It sets the technical parameters; any duties to test, certify or publish conformity would arise under other laws or administrative arrangements, not from text within this Determination.

The Determination itself contains no penalty, offence provision or express enforcement mechanism. It is a specification instrument; its text does not create sanctions, inspection powers, or compliance enforcement processes. Sections of the Determination that are relevant:

• Section 3 directs that the Currency Act 1965 "has effect ... as if" the Schedule to the Act included the listed denominations and standard compositions. That operation is about statutory recognition of standards, not about enforcement text.

• Section 4 "specifies" detailed coin parameters for the purposes of subsection 13A(1) of the Currency Act 1965. The Determination does not itself define penalties for failure to meet those specifications.

Consequences and where to look for enforcement

• Any enforcement or penalties that attach to failure to comply with coin specifications would be located in the Currency Act 1965 or in other relevant statute or regulations under the Currency Act. The Determination does not duplicate or restate those enforcement provisions. Practitioners should therefore consult the Currency Act 1965 itself for offences (for example sections that criminalise making or uttering counterfeit coin, or dealing in non‑conforming coin), and any accompanying regulations or administrative instruments that set out inspection, seizure, or prosecution powers. The Determination preserves other Determinations (section 5), so enforcement regimes tied to those other Determinations remain in force.

Practical enforcement considerations

• Because the instrument fixes numeric tolerances for weight and minimum composition thresholds (see Schedule 1 Part 1 columns 3-5), compliance in practice will be a question of measurement and assay. Any enforcement action must therefore rely on technical measurement (weighing within the allowable variation, assay for percentage gold or silver) and on visual/design matching (comparing obverse/reverse design elements as described in Part 2). The Determination supplies the standards that such technical assessments would apply against, but the Determination itself does not prescribe the methodology, sampling regimes or authorised testing agencies.

• Where disputes about conformity arise (for example between a purchaser and the Perth Mint, or between a refiner and a dealer), the Determination’s specifications are the textual benchmark. The absence of enforcement provisions in the Determination means remedies will be sought under the general law, the Currency Act’s enforcement provisions, contract terms, or consumer law as applicable.

The Determination operates expressly under the Currency Act 1965 and is designed to be read with that Act. Two express interactions are contained in the text.

Direct statutory interaction

• Section 3: The Determination changes how the Currency Act 1965 "has effect" for the denominations and compositions listed, by directing that the Act be treated as if the Schedule included those denominations and the specified standard compositions. This is a direct, textual interaction: the Determination does not amend the Act itself on its face but creates the effect of inclusion by delegated power. Any legal analysis of the denominations' status under the Currency Act must therefore treat the Schedule entries in this Determination as functionally part of the Act’s Schedule for the listed coins, via section 3.

• Section 4: The Determination "specifies" the denomination, composition, weight tolerances, dimensions and design for the listed coins for the purposes of subsection 13A(1) of the Currency Act 1965. Subsection 13A(1) is the statutory hook for such specifications; this Determination supplies the concrete data that subsection requires.

Preservation of other instruments

• Section 5: The Determination expressly states that "The specifications in this Determination do not affect any other Determination of the specification of a coin." This preserves the operational integrity of other delegated instruments that set coin specifications under the same statutory regime. In practice, the provision minimises the risk of implied repeal or displacement across multiple Determinations: this instrument adds particular items to the statutory scheme without purporting to negate other specification determinations.

Implications for administrative practice and related regimes

• Because the Determination supplies technical and visual standards, it will be used in conjunction with any statutory provisions that regulate minting, counterfeiting, assay, legal tender status or seizure under the Currency Act. The Determination itself does not mention legal tender status wording; that status, wherever conferred, would continue to depend on the Currency Act’s text and its Schedule as it operates with this Determination (see section 3).

• Design-related aspects (for example, inclusion of the effigy of Queen Elizabeth II and the monogram IRB in obverse descriptions O31-O34, Part 2 items 204-207) mean that any authorisation required for the use of sovereign effigies or royal cypher in other statutes or conventions would remain relevant; the Determination defines the design to be used but does not engage other intellectual property or image-authorisation regimes in its own text.

Limits of the Determination’s reach

• The instrument is narrowly technical. It neither purports to alter taxation, customs, or securities law; it does not create property rights in the designs; it does not allocate exclusive production rights in explicit terms. Any legal effect outside the specification function must derive from other law and administrative arrangements.

This Determination is self-contained and contains its own title and date. The instrument is titled the Currency (Perth Mint) Determination 2003 (No. 3) and is dated 19 December 2003, made by Ross Cameron, Parliamentary Secretary to the Treasurer. The Determination commences on gazettal (section 2) and is presented as an instrument made under paragraph 13(2)(b) and subsection 13A(1) of the Currency Act 1965 (opening statement).

The text does not include any express history of prior amendments, nor does it contain a schedule of amendments to itself. It does not recite supersession of previous Perth Mint Determinations. Section 5 states that the specifications contained in this Determination "do not affect any other Determination of the specification of a coin," which implies coexistence with other specification Determinations rather than repeal. The numbering "No. 3" in the title indicates it is one of a series of Perth Mint Determinations in 2003, but the Determination itself does not list earlier instruments nor purport to amend or revoke earlier Determinations.

For researchers seeking a full amendment record, the Determination’s text requires consulting the Commonwealth Gazette notice (the instrument "commences on gazettal" per section 2), the Currency Act 1965 for any consequential entries in its Schedule, and the legislative register of delegated instruments for any subsequent Determinations or revocations affecting these items. The Determination does not provide a built-in change log or later amendment clauses. The absence of express repeal language means earlier Determinations covering different coins may continue to operate alongside this Determination, consistent with section 5.

In short: the instrument was made and dated 19 December 2003; it takes effect on gazettal; it does not itself record prior amendments or subsequent changes; and it expressly preserves existing Determinations rather than purporting to revoke them (section 5).

The Determination’s text contains no references to case law, litigation, or adjudicative history. It does not mention disputes, past court decisions, or administrative appeals. Schedule 1 Part 2 explains design symbols and does not reference judicial interpretations.

Because the instrument is a technical delegated instrument, any litigation that involves it would arise from external disputes (for example, disputes over whether a particular minted coin meets the specification, or enforcement proceedings under the Currency Act arising from counterfeit or non‑conforming coin). None of those matters are cited in the Determination. Practitioners requiring litigation history relevant to coins specified by this Determination must therefore consult court records, administrative tribunal databases and legal databases for any cases that reference the Currency (Perth Mint) Determination 2003 (No. 3) or the particular Schedule 1 items R366-R374, O31-O34, and the numeric tolerances set out in column 4-5.

The Determination itself supplies no judicial gloss, interpretative guidance or precedent citations. Any authoritative interpretation of ambiguous parts (if ambiguity arose) would come from courts or tribunals interpreting the Currency Act and the Determination together; no such materials are included in this text.

Several concrete features of the Determination have practical implications that can catch implementers, market participants and advisers if overlooked. The following are concrete, sourcing-linked points drawn directly from the Determination.

Purity expressed as "Not less than" , floor, not target

• The "standard composition" in column 3 uses a floor formulation: for items 101-105 the coins must be "Not less than 99.99% gold", and for items 106-109 "Not less than 99.9% silver". That phrasing sets a minimum purity. It does not prescribe an upper bound or require exactness to the stated figure. In assay terms, a coin with greater purity would satisfy the standard on its face; a coin below those thresholds would not meet the specified standard (see Schedule 1 Part 1, column 3).

Tight weight tolerances for small coins

• The gold $4 1/25 oz pieces have a standard weight of 1.25 g with an allowable variation of only ±0.015 g (items 101-105, col. 4). That is a narrow tolerance in absolute terms and requires fine manufacturing control. For small-mass coins, small absolute deviations matter materially. The silver one-ounce coins have much larger allowable variation ranges expressed in grams (e.g., ±0.500 g for 31.635 g). Implementers must calibrate quality control to the specific tolerance for each item.

Same diameters for differing weights

• Items 106-108 (silver $1 coins) have the same diameter (40.60 mm) and thickness (4.00 mm) but different stated weights: items 106-107 are 31.635 g, item 108 is 25.435 g (0.8178 oz). The specification therefore contemplates visually similar coins with materially different masses. That raises the need for careful marking or design differentiation to avoid confusion in tactile or visual recognition, and introduces potential issues for vending machines, coin-operated equipment, or markets relying on diameter/thickness rather than weight.

Design code reliance and decoding

• Column 6 uses shorthand codes (S1, E1, O31-O34, R366-R374) explained only in Part 2. Failure to consult Part 2 would leave designers uncertain. For example, O32 requires a "gilded effigy of Queen Elizabeth II" (Part 2 item 205) whereas O31 is a plain effigy with the same inscriptions (Part 2 item 204). The presence of gilding, pad-printing in colour (R372), or a holey-dollar annulus (O33 and R373) are discrete production requirements; they are not optional decorative guidance.

Obverse and reverse inscriptions are prescriptive

• The obverse descriptions include precise inscriptions. For O31 and O32, the obverse must include "ELIZABETH II", "AUSTRALIA", and an inscription stating the amount in Arabic numerals followed by "DOLLAR" or "DOLLARS", and surround an effigy of Queen Elizabeth II and the monogram "IRB" (Part 2 item 204-205). Reverse descriptions include full text such as "THE AUSTRALIAN NUGGET 1/25 OZ. 9999 GOLD" and a year, together with specific imagery and assay/artist initials (for example R366-R370). Any deviation from these inscriptions would be non‑conforming.

Edge differences matter

• Edge treatment varies: E1 is "Continuous milled", E4 is "Plain". Item 109 (25 cents) uses E4 (plain) while items 101-108 use E1. Edge treatment may affect detection by coin-handling devices and human recognition. Mistaking edge treatment or omitting it would produce a non‑conforming coin.

"Holey dollar" special form

• Item 108 and reverse R373/obverse O33 employ a "holey dollar" form (Part 2 item 206 and item 215). The "holey dollar" is a silver annulus with a circular hole in the centre and a distinctive design motif. This is a distinctive three-dimensional requirement and not merely a visual motif; producing such a coin requires different tooling and dies. Confusion between a holey-dollar design and a solid planchet will be a compliance failure.

Design years and designer initials

• The reverse descriptions for items 101-105 include specific years (2001-2005) and designer/assayer initials such as "P", "LK", "SA", "WLB", "WR". These are not decorative extras: the reverse specification requires those inscriptions (Schedule 1 Part 2 items 208-215). A mismatch in year or missing initials would render the coin not meeting the specified design.

Interaction with other Determinations

• Section 5 explicitly states the Determination's specifications "do not affect any other Determination of the specification of a coin." Practically, this means other coin specification instruments remain in force. Implementers should cross-check other Determinations to verify whether similar denominations have competing specifications or whether the same denominations appear elsewhere, to avoid conflicts or duplication.

Commensurability with existing coin-handling infrastructure

• Several listed coins (large-diameter silver 40.60 mm coins) are physically atypical compared with common circulating coinage. Although the Determination does not address coin acceptance by machines or circulation logistics, market participants should be alert that dimensions and weight tolerances may render these coins incompatible with vending machines and coin-sorting equipment that rely on a combination of weight and diameter/ thickness characteristics.

No enforcement clauses here

• Because the Determination includes no enforcement or certification regime, parties relying on the Determination for authentication, resale or accounting must look to assay certificates, invoices, or other governing documents to structure enforceable obligations; the Determination establishes the specification but not the documentary mechanics for proof of conformity.

The Determination sets precise technical standards. Compliance consists in ensuring any coin that is to be produced in the categories listed matches the textual specifications in Schedule 1 Part 1 and Part 2, read together with sections 3-5. The following steps translate the Determination’s textual requirements into actionable controls.

1. Read and map the specification to production processes

• For each item (101-109), map the Specification columns to production parameters: composition minimum (col. 3), target weight and allowable variation (col. 4), diameter and thickness (col. 5), and design codes (col. 6). For example, for item 101 (gold $4 1/25 oz) ensure the planchet alloy is no less than 99.99% gold, target mass 1.25 g with ±0.015 g tolerance, diameter 14.10 mm, thickness 1.10 mm, circular shape S1, continuous milled edge E1, obverse O31 and reverse R366 (see Schedule 1 Part 1).

2. Metallurgical control and assay

• Implement metallurgical quality control that can demonstrate compliance with the minimum composition thresholds: 99.99% gold for items 101-105; 99.9% silver for items 106-109. Maintain assay procedures and documentation showing batch composition. Because the Determination uses a "not less than" formulation, assays must reliably show that the metal meets or exceeds the minimum. Retain assay certificates and records to support conformity claims under the Currency Act’s specification regime (section 4).

3. Weight, dimensional and mass tolerance control

• Calibrate production lines and inspection machinery to target weights and tolerances specified in column 4. For the gold 1/25 oz pieces, tolerance is ±0.015 g; for one-ounce silver pieces tolerances may be wider (e.g., ±0.500 g). Use calibrated scales traceable to national measurement standards for acceptance testing. For diameter and thickness, use appropriate gauges; document sampling and measurement methods.

4. Tooling and die preparation for prescribed designs

• Translate the design codes in column 6 into die specifications using Part 2. For obverse codes O31-O34 and reverse codes R366-R374, the Part 2 text contains the textual requirements for inscriptions, effigies, beads and motifs. Ensure the dies incorporate the exact inscriptions: for example O31/O32 require "ELIZABETH II", "AUSTRALIA" and an Arabic numeral denomination followed by "DOLLAR" or "DOLLARS" and the monogram "IRB" with the specified effigy. If colour pad-printing or gilding is required (e.g., O32 gilded effigy; R372 pad-printed in colour), ensure production capability for those finishes and maintain process controls for adhesion, colour registration and durability.

5. Edge and shape controls

• Implement edge treatment processes in line with E1 (continuous milled) or E4 (plain) as specified; these are explicit production steps. Ensure tooling for milling is properly specified and maintained. The shape is S1 (circular) in all listed items, so planchet cutting and blanking must produce circular discs and, for O33 holey-dollar items, annuli with centre holes.

6. Recordkeeping and certification

• Maintain production records that tie batch identifiers to assay results, weight/diameter inspection records, die identifiers (showing which obverse and reverse dies were used), edge treatment batch logs, and any special finish (gilding, pad-printing) logs. Because the Determination is a statutory specification, such records will be the primary evidence for conformity in any administrative or contractual dispute.

7. Quality sampling and testing regimes

• Establish statistically sound sampling methods for continual verification that production remains within allowable variation. For small tolerances (e.g., ±0.015 g), sample sizes and frequency should be sufficient to detect drift or process faults early. Implement corrective action procedures for out-of-tolerance findings.

8. Internal and external auditing

• Conduct internal compliance audits to verify procedures map to the Determination’s requirements. Where appropriate, engage independent assayers or notified bodies to provide corroborating certificates of metal content and mass for production lots, particularly where purchasers or resellers demand independent proof.

9. Labeling, documentation and market disclosures

• Ensure that sales and specification sheets for the coins accurately reflect the Determination specifications: the denomination, stated weight, purity (minimum), diameter and thickness, and design features. Consumers and dealers commonly rely on such disclosures; consistency with the Determination avoids disputes about misrepresentations.

10. Cross-check other Determinations

• Section 5 disclaims effect on other Determinations. Implementers should check whether other Determinations apply to the same denominations or similar mintage runs, to avoid unintentional duplication or conflicting specifications. Ensure administrative records reflect which Determination applies to a particular coin series.

11. Liaise with legal or regulatory authorities if in doubt

• If there is uncertainty about the application of these specifications in a particular administrative or commercial context (for example, legal tender status, export/import declarations, or assay claims in marketing), consult legal counsel or the relevant Treasury/departmental authority. The Determination establishes the technical baseline; ancillary legal questions arise under the Currency Act or other statutes.

12. Practical handling with coin-accepting infrastructure

• For large-diameter or non-standard mass coins, test compatibility with vending machines, sorting equipment and coin-counting devices if intended for circulation or acceptance in those environments. Where incompatibilities exist, disclose them to purchasers.

By following these steps , mapping specification to process, implementing rigorous metallurgical and mass controls, ensuring die and finish fidelity to design codes, and maintaining documentary evidence , a producer can demonstrate that a coin conforms to the Determination’s textual requirements. The Determination itself does not prescribe certification procedures; those are administrative choices to support compliance with the standards the instrument sets (see sections 3-4 and Schedule 1).