Currency (Perth Mint) Determination 2013 (No. 3)

The Determination rests on a small set of legal and technical concepts. The statutory hook is subsection 13A(1) of the Currency Act 1965, which the instrument invokes. Clause 4(1) uses that hook to declare that each item in Part 1 of Schedule 1 specifies four concrete attributes for a coin: the coin’s standard weight, the allowable variation from that standard weight, the coin’s dimensions, and the coin’s design. The instrument therefore operates as a technical specification order: it converts design and metallurgical descriptions into obligatory, tabled specifications for particular coin issues.

Key textual concepts in the instrument are:

• “Coin having the denomination and standard composition mentioned in the item,” a phrase that links the Determination’s specifications to coins that are denominated under the Schedule to the Currency Act, or taken to be so denominated. The Determination does not independently create a new denomination; it applies to coins whose denomination is treated as specified in the Act’s Schedule. Clause 4(1) makes this link explicit.

• “Standard weight and allowable variation,” expressed numerically in grams with a plus/minus tolerance. The Determination sets both a nominal mass and a permitted deviation: for example 7.807 ± 0.030 g for the gold coin. These paired numbers constitute the technical standard for mass and the permissible manufacturing tolerance.

• “Dimensions,” expressed as maximum diameter (millimetres) and maximum thickness (millimetres). The Determination uses “maximum” language for diameter and thickness in the table.

• “Design,” which the Determination encodes using a combination of short symbols in Part 1 (S1, E1, O1, O2, O3, R1, R2) and full textual descriptions in Part 2. Part 2 describes finishes (proof finish for some items), inscriptions (for example ELIZABETH II, AUSTRALIA, 2013, denomination numerals and words, metal/purity inscriptions such as “1/4oz 9999 GOLD”), and motifs (a ribbon tied in a bow encircling figures and specific commemorative text).

• “Standard composition” appears in the table as a short description (for example “At least 99.99% gold”, “At least 99.9% silver”, “Aluminium and bronze”). The Determination uses “at least” language for precious metal fineness, thereby setting a minimum purity standard.

• “Proof finish” and “design finish” distinctions. Part 2 distinguishes between a “design in a proof finish” (O1, O2, R1) and a design that is simply “a design” without the proof finish qualifier (O3, R2). The Determination therefore differentiates production processes or finish quality between different coins.

• Non-exclusivity. Clause 4(2) confirms that this Determination does not affect other determinations under the same statutory head. This is a specific cross-reference mechanism to avoid implied repeal or exclusion of other determinations.

These concepts together frame the Determination as a prescriptive technical and aesthetic instrument: it prescribes metallurgical minimums, mass/tolerance bands, physical dimensions, edge treatment, shape, and precise inscriptions and iconography for each coin in the Schedule. Practically, the Determination functions as the formal specification that a minting authority must meet for coins to conform to the statutory standard established under the Currency Act power.

The Determination names no agencies or private parties other than by office (Parliamentary Secretary to the Treasurer) and by its title (Perth Mint). The legal operation, however, affects at least the following categories, as flows from the text.

• The issuing mint or producer. The Determination is framed to govern the specifications of coins that are denominated under the Schedule to the Currency Act, and the title references the Perth Mint. That makes the primary addressee the mint or manufacturer that produces coins intended to be recognised as Australian coinage under the Act. The mint bears the operational burden of ensuring coins meet the specified standard weight, allowable variation, dimensions and design features set out in Schedule 1.

• Designers, engravers and finish specialists. Part 2 contains precise textual and visual requirements for obverse and reverse designs, including inscriptions and initials such as “IRB”, “JM” and “P”. The Determination therefore affects those who design, engrave and apply finishing techniques (including proof finishing), because compliance will require specific tooling, dies and finishing processes.

• Distributors, coin dealers and retailers. Any party that buys, sells or exchanges the specified coins will be affected by the Determination to the extent that it changes the physical characteristics and recognisable attributes of the coins they handle. The Determination’s specifications create an identifiable set of product attributes relevant to authentication, grading and valuation.

• Collectors and members of the public purchasing the coins. The text specifies explicit inscriptions (for example “IN CELEBRATION OF THE BIRTH OF HRH PRINCE GEORGE”, “22.07.2013”, metal and purity statements). Collectors relying on such inscriptions for commemoration, provenance and valuation are affected because the Determination fixes the official design and text.

• Secondary market participants and assay laboratories. The Determination sets minimum composition standards (for example “At least 99.99% gold”, “At least 99.9% silver”). Parties that assay or grade coins in secondary markets will use those specifications as benchmarks for authentication, assay certificates, and trading.

• Regulatory and legal actors with responsibilities under the Currency Act. The Determination is an exercise of the statutory power under subsection 13A(1), therefore agencies or officers charged with administering the Currency Act, or enforcing compliance with its provisions, will be affected insofar as they must record, publish or apply the Determination as part of the statutory framework for coin specifications. The Determination itself, however, does not specify enforcement mechanisms.

The text does not directly refer to financial institutions, taxation authorities, customs, or foreign exchange markets. Any practical effects on those bodies would be derivative and operational. The Determination does not in its text create or remove legal tender status; it connects to coins “whose denomination is specified, or taken to be specified, in the Schedule to the Act.” That link means that coins falling within the Schedule to the Act are the legal objects of these specifications. The instrument therefore primarily affects producers and market participants by fixing the physical and design attributes they must meet to be the type of coin covered by the Act’s Schedule.

The Determination does not itself articulate duties in the ordinary sense of a duty to act with explicit sanctions in the instrument. Nevertheless, it creates mandatory technical obligations by prescribing the standard weight, allowable variation, dimensions and designs for specific coins. These are the operative obligations for anyone who manufactures or issues the specified coins. Clause 4(1) makes these specifications mandatory for “a coin having the denomination and standard composition mentioned in the item,” so a practical duty arises to ensure physical conformity with the table entries in Part 1 and the written design requirements in Part 2 of Schedule 1.

Specific obligations derivable from the text include:

• Manufacture to weight tolerances. For the $25 gold coin, the coin’s weight must be 7.807 g with an allowable variation ±0.030 g; for the $1 silver coin, 31.635 g with ±0.500 g; and for the $1 aluminium and bronze coin, 13.500 g with ±1.000 g. The obligation is to manufacture coins so their mass falls within those specified bands.

• Adhere to dimensions. Each coin must not exceed the listed maximum diameter and maximum thickness: 20.60 mm by 2.00 mm (gold); 40.60 mm by 4.00 mm (silver); 30.60 mm by 3.10 mm (aluminium/bronze). The obligation is to meet these maximum physical dimensions.

• Meet composition minima. The two precious metal coins are specified as “At least 99.99% gold” and “At least 99.9% silver” respectively. The production obligation is to produce coins with at least the minimum fineness stated.

• Produce specified design and finish. The obverse and reverse must display the exact inscriptions, effigy, and motifs provided in Part 2. For example O1 requires a proof finish effigy of Queen Elizabeth II with specific textual elements including the metal fineness statement “1/4oz 9999 GOLD”, year “2013”, the denomination numerals and words, and the initials “IRB”. The silver coin’s obverse O2 is similar but specifies “1oz 999 SILVER”. R1 describes a reverse in a proof finish with commemorative text including “IN CELEBRATION OF THE BIRTH OF HRH PRINCE GEORGE” and the date “22.07.2013” with initials “JM” and “P”. The aluminium/bronze coin (item 3) requires O3 and R2, which are specified differently and without a proof finish on some faces. Producing entities must implement the required dies, legends and finishes.

• Edge and shape requirements. S1 requires circular shape and E1 requires continuously milled edge. These are specific production attributes to be honoured.

Rights are less explicit in the instrument. The Determination authorises certain coin specifications and thereby implicitly recognises that coins meeting these specifications are the type of coin contemplated by the Currency Act. That recognition creates private rights in the sense that a coin produced to these specifications can be identified as the instrument described in the Determination and, as such, will be treated consistently with any legal consequences flowing from being the denominated coin under the Act (for example, identification and acceptance as a recognised Australian coin type). The Determination does not itself declare legal tender, nor does it confer property rights or monopoly privileges beyond authorising the specification of these coins.

Clause 4(2)’s non-exclusivity means entities must be aware that additional or alternative determinations under the same statutory power can exist. Producers must therefore ensure that compliance is assessed against the correct, current set of determinations relevant to the denomination and type of coin being issued.

The Determination therefore imposes precise production obligations; it does not create new statutory penalties or private legal entitlements within the instrument. Any enforcement or legal consequence of non-compliance would proceed under the wider Currency Act regime or other applicable law, which is not restated in the Determination itself.

The Determination contains no penalty, offence or enforcement provisions. It is a technical specification instrument: clauses 1 to 4 and Schedule 1 set standards and describe designs, but do not state sanctions, inspection regimes, certification requirements, or administrative penalties. Clause 4(2) expressly states the Determination does not affect other determinations under subsection 13A(1) of the Currency Act, but does not add or modify enforcement mechanisms.

Consequently, the Determination is silent on how compliance will be verified or what penalties apply for non-conforming coins. Implementation of any enforcement or sanctioning regime would rely on the broader legal framework under the Currency Act 1965, and potentially other regulatory instruments or departmental policies. The Determination itself relies on the statutory power in subsection 13A(1) to set specifications, but it does not reproduce or restate any enforcement provisions that might appear elsewhere in the Act.

For practitioners and compliance professionals, the immediate implication is twofold. First, there is no express administrative inspection regime in the Determination; compliance in manufacturing and issuing coins will be confirmed by reference to the instrument’s text and the issuer’s own quality assurance processes. Second, if a regulator seeks to take action in relation to non-conforming coins, it must do so under the enforcement provisions of the Currency Act or other statutory provisions external to this Determination. The Determination should therefore be read in tandem with the Currency Act to identify the legal consequences of non-compliance, because the instrument itself does not set those consequences out.

In summary, this Determination prescribes binding physical and design standards but leaves enforcement and penalties to the underlying Act and any other relevant laws, rules or administrative procedures not reproduced in the Determination.

The Determination explicitly invokes subsection 13A(1) of the Currency Act 1965 as its enabling power. Clause 4(1) defines the scope of the Determination in relation to coins “whose denomination is specified, or taken to be specified, in the Schedule to the Act.” That cross-reference ties the instrument to the Act’s Schedule: the Determination applies only to coins that are, under the Currency Act’s Schedule, denominated as Australian coinage (or are treated as such). Practically, this means the Determination is not independent of the Act; it is a subordinate instrument that must be interpreted and applied in the statutory context of the Currency Act.

Clause 4(2) expressly addresses interaction with other determinations made under the same statutory subsection. It states that this Determination does not affect any other determination of standard weight and allowable variation, dimensions or design made under subsection 13A(1). That clause functions as an express non-derogation clause: it confirms that multiple determinations can co-exist, and this instrument does not repeal or amend other determinations under the same head. The operational effect is that the universe of binding specifications for coinage under the Act comprises this Determination plus any other valid determinations made under s 13A(1).

Beyond the Currency Act cross-references contained in the instrument, the Determination is silent about interaction with other legislative regimes: it does not mention the Criminal Code, consumer protection statutes, customs or export controls, trade marks or copyright, the Australian Consumer Law, or taxation provisions. Any interaction between the specifications in this Determination and other laws (for example the treatment of precious metal content for taxation or export purposes, or consumer protection claims about misdescription) will depend on those other statutes and on how courts or regulators interpret and apply them in relation to coins that conform to, or depart from, these specifications.

Design elements specified in Part 2 include references to official motifs such as the effigy of Queen Elizabeth II, the word “AUSTRALIA”, and commemorative wording referring to “HRH PRINCE GEORGE” with initials of designers and mint marks (“JM”, “P”, “IRB”). These features may implicate separate intellectual property or insignia considerations in other statutory frameworks, though the Determination itself neither asserts nor disclaims implications in other regimes.

The Determination’s silence on enforcement means practitioners must read it alongside the Currency Act to determine legal consequences. The Determination creates mandatory technical obligations but leaves the legal architecture,what enforcement powers are available and what remedies apply,to the Act and to other external laws.

This instrument is titled Currency (Perth Mint) Determination 2013 (No. 3). The Determination itself contains no internal amendment provisions and does not record any amendments made to it. Clause 4(2) contemplates that other determinations under subsection 13A(1) of the Currency Act may exist and are not affected by this instrument, but that is a statement about the coexistence of determinations, not an amendment history.

From the text alone the following are the only recorded formal matters:

• The instrument’s formal name in clause 1: Currency (Perth Mint) Determination 2013 (No. 3).

• Commencement in clause 2: the Determination commences on the day after it is registered.

• The maker and date: Bernie Ripoll, Parliamentary Secretary to the Treasurer, dated 5 August 2013 (top of the instrument).

There is no schedule of amendments, no notation of prior versions of this same-named Determination, and no transitional provisions that amend or vary earlier determinations. Clause 4(2) is the only text that interacts temporally with other determinations, by preserving their force.

Practitioners should therefore treat this Determination as a stand-alone instrument made on 5 August 2013 with the specifications contained in Schedule 1. Any subsequent amendments, revocations or supersessions would appear in later instruments or in an amending instrument; they are not recorded here. To determine whether this Determination remains in force unchanged, or has been amended or repealed since 5 August 2013, one must consult the official register of instruments, the Currency Act’s consolidated materials, or an authorised legislative database. The Determination itself contains no internal amendment entries or historical notes.

The Determination contains no references to litigation. The body of the instrument, including clauses 1 through 4 and Schedule 1, does not mention any court proceedings, legal disputes, or precedential rulings. It does not purport to apply a judicial interpretation nor cite any cases. There is no report, annex or schedule that records any litigation relevant to the Determination.

Because the Determination is a technical subordinate instrument setting specifications, any litigation that references or challenges it would likely appear in external court records, administrative review files, or decisions under the Currency Act or other statutes. The instrument itself, however, provides no record of such proceedings and contains no legal analysis, interpretive guidance or adjudicative content.

For a reader wanting the litigation history related to these coin specifications, the Determination gives three concrete steps to take that are outside the instrument:

1. Check courts and tribunals for any proceedings where the Determination is cited: the Determination’s title, date and clause references provide the necessary identifying details.

2. Review the Currency Act 1965 and any administrative decisions or notices by the Treasury or Mint to see whether enforcement or disputes have arisen referencing these specifications.

3. Consult published case law databases and administrative review bodies for any rulings that engage with subsection 13A(1), design disputes, or enforcement actions involving coin specifications.

None of those items is contained in the Determination; the instrument records no litigation and does not indicate any contested legal history as part of its text.

The instrument’s precision creates several practical pitfalls and attention points for producers, dealers and advisers. These are matters of textual detail and legal posture arising directly from the Determination.

• Tight mass tolerance on the gold coin. Item 1 sets the gold coin at 7.807 ± 0.030 g. That is a relatively narrow manufacturing tolerance compared with the silver and aluminium/bronze coins. Quality control must achieve this exactness; small mass deviations will render coins outside the specification. The Determination does not provide a testing protocol or acceptance procedure for measuring compliance; producers will need calibrated mass measurement systems and documented sampling to demonstrate conformity.

• “At least” language for metal fineness. The gold and silver coins are specified as “At least 99.99% gold” and “At least 99.9% silver.” The Determination therefore sets minimum purity levels. That implies a producer may exceed those minima, but must not be below them. Importantly, any statement on the coin (for example O1’s requirement “1/4oz 9999 GOLD”) must match actual content. If assay or mass combine to place the coin materially below the declared fineness or weight, a mismatch will arise between the coin inscription and the actual constitution.

• Finish differences matter. Part 2 distinguishes “a design in a proof finish” for O1, O2 and R1, and omits the proof-finish qualifier for O3 and R2. Proof finishing requires different manufacturing and surface treatments, specialised dies and inspection. Failure to apply the specified finish where required would result in non-compliance with the design specification.

• Inscriptions are literal and date-specific. O1, O2 and O3 require the obverse to include “2013” and the reverse R1 and R2 require the date “22.07.2013”. These are fixed textual elements; omitting or altering them would not meet the Determination. Collectors and dealers should note that these coins are tied to the 2013 date and related commemorative wording, which affects recognisability.

• Edge and shape mandatory. S1 requires circular shape and E1 requires a continuously milled edge. These are straightforward but imperative production attributes. Edge treatment is often an anti-counterfeiting measure; the Determination fixes a particular edge type that must be used.

• Symbol decoding. Part 1 uses shorthand symbols (S1, E1, O1, O2, O3, R1, R2). Part 2 decodes them. A production team or compliance officer failing to consult Part 2 could misinterpret the short forms. For example O3 is not the same as O1 or O2, and R2 lacks the proof finish present in R1.

• Non-exclusivity with other determinations. Clause 4(2) means other determinations under subsection 13A(1) may apply. A producer must confirm they are complying with the correct set of determinations relevant to their coin if multiple instruments exist for similar denominations or issues.

• No procedural or enforcement guidance. The Determination does not provide an approval, certification or inspection procedure. If a buyer or regulator disputes conformity, the Determination does not set out how disputes are to be resolved or which tests are authoritative. Parties must therefore plan for independent assay protocols, certificates of conformity, and contractual warranties when dealing in these coins.

• Design initials and marks. Part 2 requires initials “IRB”, “JM”, and “P” to appear in certain designs. Those initials are part of the official specification; omitting or altering them will produce non-compliance.

• Denomination link to the Act’s Schedule. The Determination applies to coins “whose denomination is specified, or taken to be specified, in the Schedule to the Act.” If a coin’s denomination status under the Currency Act’s Schedule is ambiguous, it may be unclear whether the Determination governs that coin. Practitioners must confirm the coin’s denomination status under the Act before assuming these specifications apply.

• Multiple $1 entries. There are two distinct $1 coins in the table: item 2 (silver) and item 3 (aluminium and bronze). Both use the $1 denomination but have different compositions, weights and designs. Market participants must not assume a $1 coin has a single uniform specification.

These “gotchas” arise from the instrument’s specific language. They point to practical compliance tasks: exact weight control, finish and die control, accurate inscription and date management, explicit testing regimes, and cross-checks against the Currency Act’s Schedule and any other determinations.

Compliance requires translating the Determination’s textual specifications into production, quality, and commercial processes. Below are concrete, source-grounded steps that a minting authority, producer, or commercial counterparty should implement to align with the Determination.

1. Confirm statutory applicability. Verify that the coins being produced are denominated under the Schedule to the Currency Act 1965, or are taken to be so denominated. Clause 4(1) ties the Determination to such coins. If there is any doubt about denomination status, obtain an administrative clarification from the appropriate Treasury or mint authority.

2. Record the instrument and its commencement. The Determination commences on the day after registration (clause 2). Record the instrument’s date, maker (Bernie Ripoll, Parliamentary Secretary to the Treasurer), and the instrument title to ensure the correct version is referenced in compliance documentation.

3. Implement dimensional and mass controls. For each coin do the following as required by Part 1 of Schedule 1:

   • Gold $25 coin: target mass 7.807 g with tolerance ±0.030 g; maximum diameter 20.60 mm; maximum thickness 2.00 mm.
   • Silver $1 coin: target mass 31.635 g with tolerance ±0.500 g; maximum diameter 40.60 mm; maximum thickness 4.00 mm.
   • Aluminium/bronze $1 coin: target mass 13.500 g with tolerance ±1.000 g; maximum diameter 30.60 mm; maximum thickness 3.10 mm.

   Use calibrated scales, produce statistical process control documentation, and store calibration certificates for measuring equipment. Document sampling plans and acceptance criteria that ensure finished coins fall within the specified tolerances.

4. Ensure metal composition meets minima. For the gold and silver coins, ensure metal assays demonstrate at least the minimum fineness:

   • Gold coin: at least 99.99% gold.
   • Silver coin: at least 99.9% silver.

   Maintain assay certificates and production records demonstrating that the purities meet or exceed those minima.

5. Apply correct finishes. Part 2 requires a “proof finish” for certain obverse and reverse designs (O1, O2, R1). For those items, verify that the production process delivers proof finishing and that dies and process settings are documented. For coins not specified as proof finish (O3, R2), apply the required finishes as defined. Keep photographic records and batch documentation of finishes as part of quality control.

6. Inscribe exactly as specified. Part 2 provides required textual elements:

   • O1: effigy of Queen Elizabeth II and the words: “ELIZABETH II”, “AUSTRALIA”, “2013”, denomination numerals and words as appropriate, “1/4oz 9999 GOLD”, and “IRB”.
   • O2: similar structure but with “1oz 999 SILVER”.
   • O3: effigy and the words “ELIZABETH II”, “AUSTRALIA”, “2013”, “1 DOLLAR”, and three dot representations.
   • R1: a ribbon/wreath motif encircling two adult figures and specified inscriptions: “IN CELEBRATION OF THE BIRTH OF HRH PRINCE GEORGE”, “22.07.2013”, “JM”, and “P”, in a proof finish.
   • R2: same motif and inscriptions as R1 but not expressed as proof finish in the text.

   Use exact punctuation, date format and letter case as given. Maintain die proofs, artwork approvals and sign-off records to show compliance.

7. Edge and shape. Ensure coins are circular (S1) and have a continuously milled edge (E1). Document edge tooling specifications and inspect finished batches for edge conformity.

8. Manage labelling and packaging claims. Any public claims, product descriptions and marketing materials about the coins should mirror the inscriptions and specifications in the Determination. Do not advertise purity, weight or fineness that contradicts the Determination entries.

9. Develop conformity evidence. Although the Determination does not specify enforcement or inspection processes, produce certificates of conformity, assay reports and test records that can be produced to purchasers, regulators, or auditors. Maintain traceability from raw metal to finished coin and retain these records for an appropriate retention period.

10. Review co-existing determinations. Clause 4(2) preserves other determinations under subsection 13A(1). Check for other determinations relevant to the same denomination(s) and confirm there are no conflicts. If multiple determinations apply, document which specification applies to which coin batch or issue.

11. Contractual protections. For sales contracts and warranties, specify that the coins conform to the Currency (Perth Mint) Determination 2013 (No. 3), cite the clause and schedule references, and set out mechanisms for dispute resolution and assay-based rectification where buyers challenge conformity.

12. Internal compliance and training. Train production, engineering and quality staff on the Determination’s specifics. Ensure legal and compliance teams review promotional materials, sales descriptions and export declarations to ensure consistency with the Determination.

13. Pre-issue audit. Before public issue, perform a compliance audit that checks mass, dimensions, fineness assays, die inscriptions, finishes, edge milling and shape against the Determination’s Schedule entries and Part 2 design descriptions. Keep the audit report as part of the issue file.

14. Seek administrative clarification where necessary. If any specification is ambiguous in production practice (for example the meaning of “maximum diameter” in relation to planchets vs struck coins, or how “proof finish” is to be quality-assessed), seek guidance from the issuing authority, Treasury, or a competent administrative official to ensure alignment with the intended interpretation.

Following these steps operationalises the Determination’s requirements. Because the Determination itself does not set enforcement mechanisms, maintaining documented evidence of conformity and robust internal controls is the practical route to managing commercial risk and regulatory exposure.