Currency (Perth Mint) Determination 2004 (No. 2)

The Determination revolves around three linked legal-technical concepts: statutory authorisation, specification as legal instrument, and detailed technical design.

• Statutory authorisation. The Determination is made under the Currency Act 1965, specifically paragraph 13(2)(b) and subsection 13A(1) (preamble). The citation in the preamble identifies the Act as the enabling statute and indicates the Determination is an exercise of delegated power under those provisions. The text does not reproduce the enabling statute, it notes only that the Determination is made pursuant to those powers (preamble).

• Specification as legal instrument. Section 3 states that, for subsection 13A(1) of the Currency Act, each item in Schedule 1 "specifies" denomination, composition, weight and allowable variation, dimensions, shape, edge and design. In administrative-law terms, the Schedule is a legally effective specification: the listed attributes are the formal parameters a coin must meet where issued under that subsection. The Determination therefore translates policy choices (what coins to issue, what face values and designs) into enforceable technical criteria.

• Technical design detail. Schedule 1 goes beyond simple denomination and metal content. It prescribes:

  • bullion fineness thresholds (for example "At least 99.99% gold" recurrent in gold items; "At least 99.95% platinum" for platinum items; "At least 99.9% silver" for silver items; aluminium bronze for one 50 cent coin at Item 57);
  • exact standard weight and a numeric allowable variation (for example Item 13: 311.317 g ± 0.250 g for a $1 000 10 oz gold coin);
  • maximum diameter and thickness (for example Item 14: maximum diameter 75.30 mm, maximum thickness 13.90 mm for a $3 000 1 kilo gold coin);
  • shape (circular in most cases; Item 29 specifies "Square with rounded corners" for a 50 cent silver ½ oz coin);
  • edge treatment (continuously milled for every item);
  • obverse and reverse design inscriptions and pictorial elements with exact wording and the presence of particular inscriptions or initials (for example repeated obverse format "A circle of raised beads immediately inside the rim, enclosing an effigy of Queen Elizabeth II, and the monogram ‘IRB’" in many items);
  • special surface or finish effects such as colouration, gilding and lenticular representations (see Items 10, 32, 59 and numerous others that specify "coloured background", "gilded representation", or "lenticular representations").

Conceptually, the Determination treats coins both as units of currency (denominated money) and as bullion/collector items (high metal purity, coloured finishes, large sizes up to 1 kilogram). The schedule mixes small fractional bullion coins (1/20 oz) with large bullion pieces (1 kilo) and coins with commemorative thematic designs (sporting events, lunar anniversaries, military/peacekeeper themes). The face values are explicit in each item, separate from metal content and collectible features.

Finally, section 4 signals the instrument's relationship to prior instruments: these specifications "do not affect any other determination of the specifications of a coin". That language positions this Determination as additive rather than exclusive. Where multiple determinations specify different coins (including coins with identical face values but different compositions or designs), they co-exist unless and until another instrument expressly revokes or supersedes them.

The Determination affects identifiable categories of actors through its control over coin specifications and the downstream market for those coins.

• Issuers / Producer (Perth Mint). The primary addressee is the Perth Mint (referred to implicitly through the title). The instrument was made under subsection 13A(1) of the Currency Act for the purposes of Perth Mint coins (see preamble and s 3). Producers must ensure minting and finishing conform to the weights, dimensions, compositions and design prescriptions in Schedule 1 when issuing coins under that statutory power. The Determination therefore sets manufacturing specifications that the Mint must meet when producing these denominations.

• Commonwealth officials. The Parliamentary Secretary to the Treasurer executed the Determination, indicating the executive branch (Treasury portfolio) is the decision-maker under the empowering provisions cited. Officials who authorise minting runs, approve dies, and certify conformity will be affected because the Determination defines acceptable physical and design parameters.

• Dealers, distributors and retailers. The coins so specified are tradeable objects in numismatic and bullion markets. Dealers and authorised distributors selling Perth Mint bullion and commemorative issues will need to understand and rely on these specifications for describing product, for valuation (bullion content and face value), and for verifying authenticity. The detailed design and mintmarks (for example inscriptions such as ‘P’, ‘RV’, ‘TF’, ‘SA’, ‘JM’, ‘AD’, ‘LC’) are elements dealers will use for authentication and provenance checks.

• Investors and collectors. Buyers of bullion and collectors of commemorative coins are affected economically. The schedule shows face-value denominations that are typically lower than melt value for high-purity metal coins (for example a $100 face value for a 1 oz 9999 gold coin at Item 5). The Determination thus enables issuance of coins that function as both legal-tender-denominated items and high-purity bullion, and it specifies the visual and technical attributes that determine market value and collectibility.

• Assayers, testing laboratories and certifiers. The tight tolerances on weight and thickness (for example ±0.015 g to ±1.500 g depending on item) require measurement and assay protocols. Third-party assayers or independent grading services that certify coins will rely on the Determination as the definitive specification against which to test.

• Regulators and auditors. While the Determination itself contains no penalty provisions, regulatory enforcement of compliance with coin specifications, consumer protection and anti-counterfeiting measures will be relevant to the agencies overseeing currency and consumer markets.

• Other coin issuers and the numismatic community. Because s 4 states the specifications do not affect any other determination, other determinations may remain in force. Producers of other commemorative or bullion issues and consumer groups tracking legal tender or bullion coins will need to track coexisting specifications.

Who does not appear to be directly affected by this Determination are individual end-users who may use coins solely as media of exchange at face value. Most of the specified coins are bullion/collectible types intended for sale rather than day-to-day circulation. The Determination does not create or alter tax obligations, licensing regimes, issue quantities or sales conditions within the text; such effects, if relevant, are outside the instrument and must be sought in other statutes or administrative instruments.

The Determination is a technical prescription rather than a normative code of behaviour. It thereby produces a limited set of duties and procedural implications tied to production, description and authentication of the listed coins.

• Duty to adhere to specifications when issuing coins under subsection 13A(1). Section 3 ties the Schedule to subsection 13A(1) of the Currency Act: "For subsection 13A(1) ... each item in Schedule 1 specifies" the enumerated attributes. That tying language means that, for the legal framework established by subsection 13A(1), those specifications are the established standards. The practical duty falls on the issuing authority (Perth Mint) and its officers to ensure minted coins meet the prescribed weights, compositions, dimensions, shapes, edges and designs.

• Duty to use prescribed obverse device. Across the Schedule, the obverse design is highly consistent: a circle of raised beads immediately inside the rim, an effigy of Queen Elizabeth II, and the monogram ‘IRB’, together with inscriptions indicating name, country and face value (recurrent formulae in many items). Items consistently require this obverse format, creating a duty for designers and engravers to conform to the specified obverse appearance.

• Duty to evidence particular reverse inscriptions and marks. The Schedule specifies exact inscriptions on the reverse of coins, including bullion fineness and weight descriptors (for example “1 OZ. 9999 GOLD”), thematic titles ("THE AUSTRALIAN NUGGET", "THE AUSTRALIAN KOALA", "AUSTRALIAN KOOKABURRA"), years (e.g. '2005', '2006'), mintmarks or initials (e.g. 'P', 'RV', 'TF', 'SA', 'JM', 'AD', 'LC') and pictorial elements (kangaroos, koalas, kookaburras, roosters, sport, military badges). The issuer has the duty to incorporate these specified inscriptions and images exactly as written in the Schedule when issuing the named coins.

• Right to issue those coins under the Currency Act authority. The Parliamentary Secretary’s exercise of delegated authority (preamble) confers a legal basis for the Perth Mint to produce coins meeting the Schedule for the purposes of subsection 13A(1). That is, the Determination formalises the Mint’s entitlement to produce that list of coins under the statutory head of power invoked.

• Right of coexistence with other determinations. Section 4 expressly provides that these specifications "do not affect any other determination of the specifications of a coin". That creates a legal situation in which multiple determinations can coexist. The right or power of another determiner to issue different coins under different determinations remains intact unless another instrument revokes or supersedes those earlier or later determinations.

• Implied duty to quality-assure manufacturing tolerances and finishes. The Schedule’s numerical tolerances (weights with ± tolerances, maximum dimensions) imply a duty in practice for the issuing mint to maintain production control sufficient to meet those parameters. The inclusion of complex features such as coloured backgrounds, gilded surfaces and lenticular representations (for instance Item 59 specifies "lenticular representations of: a rocket; an astronaut; 2 astronauts unfurling a flag") implies specialised production capability

What the Determination does not do within its text:

• It does not set penalties, enforcement procedures or criminal/civil sanctions. There is no express penalty clause in the Determination itself (see s 1-4 and Schedule 1). Any enforcement, sanctions, or remedies for non‑compliance would be found, if at all, in the Currency Act 1965 or elsewhere, not in this Determination.

• It does not set issue quantities, sale mechanisms, prices or fiscal terms, nor does it specify which body will market or distribute the coins. Those commercial arrangements are outside the Determination’s technical remit.

• It does not revoke or supersede other determinations; it coexists with them (s 4).

The Determination does not itself specify penalties, enforcement powers, or administrative review mechanisms. The instrument contains no offence provisions, no express remedial powers for contraventions, and no complaint or appeal mechanisms in its four operative sections and Schedule 1. Two points follow directly from the text:

• No penalty provisions in this instrument. Sections 1 to 4 and the Schedule comprise technical specifications and commencement details only. There are no clauses in this Determination that create criminal or civil offences or prescribe fines or other sanctions for non-compliance with the Schedule.

• Enforcement and remedies must be sought in the enabling statute or other laws. Because the Determination is made under paragraph 13(2)(b) and subsection 13A(1) of the Currency Act 1965 (preamble), any enforcement or penalty architecture relevant to coin specifications must originate in the Currency Act or other statutory instruments. The Determination itself does not reproduce those provisions. Practitioners seeking to identify enforcement mechanisms should therefore examine paragraph 13(2)(b) and subsection 13A(1) of the Currency Act 1965, and any other provisions of the Currency Act that create offences or enforcement powers in relation to coin issuance, misrepresentations, counterfeiting, or wrongful use of official designs.

Implementation and practical enforcement issues suggested by the Schedule:

• Measurement-based compliance. Many items specify tight weight tolerances (for some items ±0.015 g or ±0.022 g). Enforcement of these specifications is measurement-based and requires agreed metrology standards, calibrated scales, and quality assurance records. Without statutory detail in the Determination about measurement method, agencies relying on these specifications will need to reference accepted technical standards for measuring weight, diameter and thickness.

• Design and intellectual-property considerations. Reverse designs include textual references to trademarks and third-party marks (for example Item 60 uses 'GERMANYTM' and Item 61 references '© 1974 FIFA TM'). Enforcement of those design uses may intersect with trademark law and licence arrangements. The Determination itself does not record licences; legal risk or compliance with trademark owners will rest with issuing authorities and any other administrative approvals required.

• Anti-counterfeiting enforcement. The inclusion of complex finishes such as coloured backgrounds, gilding and lenticular images increases production complexity and presents specific counterfeiting mitigation factors. Again, the Determination does not set out enforcement practices; these will be operational matters for the Mint and law enforcement under separate legal powers.

In short, the Determination prescribes what coins must look like and what physical parameters they must meet. It does not say how non-compliance is punished. For enforcement and penalty questions, consult the Currency Act 1965 (the empowering statute cited in the preamble) and any law enforcement or anti‑counterfeiting statutes that govern coins and currency.

The Determination explicitly situates itself under the Currency Act 1965 and interacts with that Act in the following textual ways:

• Enabling statute reference. The preamble states the Determination is made under paragraph 13(2)(b) and subsection 13A(1) of the Currency Act 1965. The Determination therefore operates as a delegated instrument relying on the Currency Act’s grant of power to make specifications for coinage. The text does not reproduce the enabling provisions, so the full scope of interaction (for example whether these coins are legal tender and what legal consequences flow from that) must be checked against the Currency Act itself.

• Non-revocation clause. Section 4 provides that "The specifications in Schedule 1 do not affect any other determination of the specifications of a coin." That phrasing creates a direct statutory interaction with other determinations made under the Currency Act or related instruments. It preserves prior determinations and allows multiple determinations to coexist. Practically, that means the legal landscape for coin specifications may be a set of coexisting instruments, and a practitioner must review all relevant determinations to determine the current full set of authorised coin specifications.

Potential cross-legal points to check (implied by the Determination but not settled within it):

• Legal tender status and monetary law. The Schedule assigns denominations in Australian currency units (dollars and cents). Whether these coins are legally tender, and to what extent, will depend on the Currency Act 1965 and related monetary law. The Determination itself does not state or define legal tender status; the relevant provisions of the Currency Act should be consulted to determine the legal relationship between face value and acceptance in payment.

• Intellectual-property and trademark use. Several items expressly include trademarked language or references to third-party marks and designs (for example Item 60: "2006 FIFA WORLD CUP" and "GERMANYTM"; Item 61 references "© 1974 FIFA TM"). Use of registered marks typically requires licence or permission from the mark owners. The Determination does not set out any licensing arrangements, so commercial or contractual licences will need to be in place to avoid infringement claims under trade marks or copyright law. The instrument therefore interacts in practice with intellectual-property law, though it does not resolve authorisation.

• Consumer protection and trade descriptions. The Determination’s technical specifications will be used in marketing and sales representations. Australian consumer-protection law and trade-description rules apply to representations about metal purity, weight, and product identity. Because the Schedule sets the official standards, representations that match it will assist compliance, but misrepresentations or failure to deliver the specified attributes could attract consumer-law scrutiny.

• Anti-counterfeiting and offences. Counterfeiting and misuse of official coin designs are typically offences under criminal law or the Currency Act. While this Determination does not itself prescribe offences, it provides the technical baseline that enforcement bodies will look to when deciding whether an object is counterfeit or a coin departs from the authorised design and composition.

• Customs and import/export regulation. Large high‑value bullion coins (1 kilo gold or silver pieces, high fineness) may be subject to customs reporting or capital export controls in some contexts. The Determination sets the physical parameters that customs will use to identify items, but does not alter customs law itself.

In operational terms, practitioners should treat the Determination as the definitive design and composition specification under the subset of the Currency Act cited, but they must cross-check other determinations, the remainder of the Currency Act and any relevant IP, consumer-protection, criminal and customs laws to understand the full legal regime that applies to issuance, sale, distribution and use of the coins.

The instrument identifies itself as the Currency (Perth Mint) Determination 2004 (No. 2) and is dated 7 July 2004 in the signature block (preamble). Section 2 sets commencement as the date of Gazette notification. The Determination’s textual record gives some internal temporal signals:

• the instrument’s date and maker: the preamble shows it was made by Ross Cameron, Parliamentary Secretary to the Treasurer, and dated 7 July 2004;
• the title includes the year 2004 and the notation "(No. 2)", which conventionally indicates it is the second such Perth Mint determination made or registered in 2004; and
• Schedule entries include reverse inscriptions bearing issue years, including '2005' and '2006' in many items, indicating intended minting years for particular coin designs (for example many Australian Nugget and Kookaburra items list '2005' and later entries list '2006').

The Determination itself contains no internal amendment or repeal provisions. It does not state that it revokes, replaces or modifies earlier determinations. Section 4 instead provides that the current specifications do not affect any other determination of the specifications of a coin, thereby leaving prior instruments intact. Consequently:

• any formal amendment or revocation of this Determination must be effected by another formal instrument made under the same empowering provisions of the Currency Act 1965 (the instrument itself offers no amendment power nor does it set an expiry date); and
• tracking the complete modern specification landscape requires looking for other determinations made before and after this instrument under the Currency Act, since they operate concurrently unless expressly revoked.

Where precise legislative amendment history is required (for example to determine whether a later determination superseded particular items in this Schedule), consult the Federal Register of Legislation or the Gazette entries that record subsequent determinations and any revocations. The Determination itself provides the snapshot of the specifications as at its making and as at commencement; it should be treated as a single instrument in a potentially larger family of determinations under the Currency Act.

The text of the Determination contains no reference to litigation, dispute resolution, or judicial consideration. It is a technical delegated instrument consisting of a preamble, four short sections and a detailed Schedule. Accordingly:

• there is no litigation record or case law referenced in the instrument itself;
• the Determination does not cite legal proceedings, judicial interpretations, or appeal outcomes that affect its application; and
• any litigation that might involve these coins,such as disputes about counterfeiting, misrepresentation, trademark claims arising from designs that reference third-party marks (for example FIFA marks), or challenges to the validity of a delegated instrument,would be conducted under relevant statutory schemes and in the courts, but the Determination does not record such matters.

For practitioners investigating litigation touching on these coins, the appropriate research path is:

1. search the Federal Court and state/territory decisions for cases involving Perth Mint coins, counterfeiting or disputes over coin specifications;
2. examine any judicial review applications challenging the administrative validity of determinations under the Currency Act 1965; and
3. check intellectual‑property litigation records for the third-party marks referenced in the designs (for example FIFA-related matters), which may involve separate trade mark or copyright proceedings.

Because the Determination itself contains none of that material, a statement that there is "no litigation history in the instrument" is accurate. Any existing or subsequent case law must be located in external judicial records; the Determination is silent on the topic.

Several concrete complexities and potential pitfalls arise from the text of the Determination and its Schedule. These are practical risks and interpretive issues that stakeholders should note.

1. Coexistence with other determinations (s 4). Section 4 says these specifications do not affect any other determination of the specifications of a coin. Practically, multiple determinations may authorise coins with identical face values but materially different characteristics (composition, weight, shape, inscriptions). Users should not assume uniqueness of denomination. When vetting a coin, confirm which determination authorises it and check all relevant determinations.

2. Same face-value, different compositions. The Schedule contains multiple items with the same face value but different metals and weights. For example, there are $5 items in gold (Item 1), platinum (Item 15) and later a $5 gold coin with Chinese rooster motif (Item 52). Nominal face value does not equal metal content or market value. If valuation or accounting depends on face value, be careful: for many items bullion content will exceed face value.

3. Tight tolerances and measurement disputes. Weights have small allowable variations (for example ±0.015 g for 1/20 oz coins). That raises the possibility of disputes over whether a specimen falls within tolerance. The Determination does not specify measurement methodology or assay standards. Parties relying on the numbers should take care to adopt consistent, traceable metrology protocols and certificate evidence if disputes are likely.

4. Complex finishes and production risk. Many items require coloured backgrounds, gilding, lenticular features and gilded traditional patterns for certain issues (see Items 10, 32, 59, and multiple Chinese-rooster-themed items). These features increase manufacturing complexity and cost, and they may be difficult to reproduce or to authenticate by non‑specialised parties. Buyers and sellers should insist on provenance documentation and, where relevant, independent certification.

5. Multiple mint marks and designer initials. Reverse inscriptions use single-letter and multi-letter initials such as 'P', 'RV', 'TF', 'SA', 'JM', 'AD', 'LC'. The Determination does not define these marks within its text. In practice these are mintmarks and artist or mint identifiers, but reliance on them for authentication requires knowledge of who or what those initials represent. Authentication protocols should map initials to authorised dies or designers to avoid misattribution.

6. Inconsistent descriptive phrasing. While many obverse descriptions follow an almost identical template ("A circle of raised beads immediately inside the rim, enclosing an effigy of Queen Elizabeth II, and the monogram ‘IRB’"), a few entries depart from that phrasing (for example Item 59 obverse uses "A raised rim enclosing an effigy..."). Those variations may be deliberate (a slightly different obverse treatment) and could create interpretive disputes over compliance.

7. Use of third-party trademarks and copyright references. Items that include "FIFA", "GERMANYTM", "© 1974 FIFA TM" or other trademark/copyright signals require separate rights clearance. The Determination does not record any licences. Commercialisation of those coins therefore requires licence arrangements outside the Determination; failure to secure such licences could expose issuers or distributors to IP litigation.

8. Denominations and market expectations. The schedule mixes large legal-denomination numbers ($1 000, $3 000) with bullion weights up to and beyond 1 kilogram. Markets for such items function more on metal content and numismatic rarity than day-to-day face-value use. Assuming currency-like fungibility or everyday acceptance is a mistake.

9. One non-circular shape. Item 29 describes a 50 cent coin as "Square with rounded corners" (circumscribed diameter 32.10 mm). Other 50 cent items in the Schedule specify circular shape and different compositions. This is another area where identification should be tied to the specific item number and full specification rather than denomination alone.

10. No penalties or enforcement text. The Determination provides no penalty or enforcement structure. If the practical question is "what happens if a coin does not meet the spec" the Determination is silent. Practitioners must go to the Currency Act and regulatory practice to establish enforcement remedies.

These "gotchas" are concrete interpretation and implementation risks resting on the text. They are not normative judgments about the policy. Where precision matters,manufacturing, valuation, authentication, legal disputes,stakeholders should cross‑reference the Determination with other determinations, seek documentary evidence of provenance and assay, and obtain independent legal or technical advice.

Compliance with this Determination is primarily a manufacturing and documentation exercise for the issuer and any authorised minters, and a verification exercise for dealers, assayers and purchasers. The following checklist sets out practical steps tied directly to the instrument’s requirements.

1. Link the coin to the correct schedule item. Identify the exact Schedule 1 item number (for example Item 5 for the $100 1 oz gold Australian Prospector Series) and operate against that specification. Because multiple items may share a denomination but differ materially, compliance begins with precise identification.

2. Meet the composition standard. The Schedule specifies "standard composition" thresholds such as "At least 99.99% gold", "At least 99.95% platinum", "At least 99.9% silver", or "Aluminium bronze". The mint must:

   • procure metal of the specified fineness;
   • maintain assay records and certificates evidencing composition; and
   • ensure alloys (where used) are consistent with the stated composition.

3. Meet weight and tolerance. For each item the Schedule gives a standard weight and allowable variation (for example Item 1: 1.571 g ± 0.015 g). Manufacturing quality control must ensure coin batches remain within these tolerances. Practical measures:

   • use calibrated balances and documented measurement protocols;
   • retain production lot records showing mean and variance by run;
   • establish acceptance criteria for finished items and rework or scrap procedures for out-of-tolerance pieces.

4. Match dimensions and shape. Observe maximum diameter and maximum thickness specifications and shape details. For non-circular items (Item 29 square 50 cent), produce dies and planimetric checks that confirm compliance.

5. Reproduce obverse and reverse designs exactly. Adhere to precise wording, inscriptions, mintmarks and pictorial elements in Schedule 1. Pay special attention to:

   • obverse formulae (raised beads, effigy, monogram IRB, inscriptions);
   • reverse inscriptions specifying bullion weight and fineness wording (for example "1 OZ. 9999 GOLD");
   • year inscriptions and trademarked phrases (for which licences may be required);
   • coloured, gilded and lenticular elements , plan production technology and QA to replicate those effects reliably.

6. Retain master die files and design approvals. Maintain an audit trail of die files, artist proofs and approvals that match Schedule wording. This supports provenance and may be necessary evidence if coin authenticity is contested.

7. Record and publish technical specifications and assay certificates for purchasers. Because many buyers will value coins based on metal content and design authenticity rather than face value, provide independent assay certificates, quality control certificates and product sheets that reproduce the Schedule specifications.

8. Obtain necessary IP licences. Where reverse designs use third-party trademarks or copyrighted elements (for example FIFA marks), secure written licences or clearance agreements before marketing or selling coins. Keep licence documentation on file and ensure marketing materials include required trademark attributions.

9. Prepare for measurement disputes. Because tolerances are tight, create an agreed independent measurement and dispute-resolution protocol for end‑user disputes (for example an independent assayer or national measurement institute with traceable calibration standards).

10. Coordinate with distributors and dealers. Provide dealers with authenticated documentation (assay certificates, lot numbers, die images, mintmarks mapping) and train them on distinguishing between coexisting determinations for the same denominations.

11. Ensure packaging, labelling and advertising accurately reflect the specification. Consumer-protection law will require that representations about fineness, weight and images are not misleading. Use the Schedule as the definitive source for product descriptions.

12. Keep contemporaneous records of Gazette notification and commencement. Section 2 ties commencement to Gazette notification. Maintain a dated record showing when the instrument was notified, to demonstrate the Determination was in force at the time coins were issued.

13. Cross-reference other determinations. Because s 4 preserves other determinations, for legal certainty review other determinations under the Currency Act to identify coexisting authorised specifications, revocations or supersessions.

14. Prepare anti-counterfeiting measures. For high-value bullion coins use security features, provenance records, and cooperation with law enforcement where appropriate. Document any unique anti-counterfeit elements specified in the Schedule (gilding, lenticular features) and retain production-stage images as forensic reference.

15. For secondary-market participants: verify coins by weight, assay, dimensions, inscriptions and hallmark/mintmark mapping to the Schedule. For large-value pieces insist on independent third-party certification and provenance documentation.

Following these steps aligns manufacture and distribution with the Determination’s technical prescriptions. Because the instrument does not address enforcement mechanisms, commercial risk management should include documentation to defend against claims of non-compliance, and legal review of any IP or licensing issues raised by the use of third-party marks.