Currency (Perth Mint) Determination 2013 (No. 4)

The central concept is the specification table in Part 1 of Schedule 1, which lists 23 items each row providing: denomination, standard composition, standard weight and allowable variation, maximum diameter (or other dimension), maximum thickness, shape code, edge code, obverse code, and reverse code. The standard weight and allowable variation is expressed in grams with a plus-or-minus tolerance (e.g., 312.347 ± 1.000 grams for the $10 silver coin). That tolerance is tight for bullion coins because consistency matters for investors. For gold coins the tolerance is particularly narrow: for the $100 gold coin (item 5) it is 31.165 ± 0.053 grams, a range of only 0.106 grams. The standard composition is stated as a minimum purity - “At least 99.9% silver” or “At least 99.99% gold” - or simply “Aluminium and bronze” with no purity stated (items 15, 16, 19) which suggests a base metal coin where alloy composition is not further specified but presumably must meet the Currency Act standard for base metal coins. All coins share shape code S1 (circular) and edge code E1 (continuously milled). The obverse design codes O1, O2, O3, O4 all feature an effigy of Queen Elizabeth II, but differ in what surrounding text appears. For example, O1 includes the effigy within a surrounding circle and includes “IRB” (initials of sculptor Ian Rank-Broadley) but does not include a year; O2 adds “AUSTRALIA 2014”; O3 adds the year “2014” and also includes the weight in ounces and purity, e.g., “1oz 999 SILVER”. O4 is similar to O2 but without the year. The reverse design codes distinguish between bullion finish and proof finish, which are industry terms for surface treatment. R1 and R2 are bullion finish kangaroo designs dated 2014 and 2015 respectively. R3 and R4 are the 25th anniversary Red Kangaroo design - R3 in bullion finish, R4 in proof finish - both including the inscription “1989‑2014”. R5 is a proof-finish gold coin showing two men panning for gold, titled “THE LAND DOWN UNDER”. R6 is a proof-finish silver coin with a coloured landscape and a man panning, also “THE LAND DOWN UNDER”. R7 and R8 are coloured superhero-themed designs (“INVISIBILITY” and “SUPERSENSES”) likely part of a collector series. R9 is a baby-themed kookaburra design, proof finish. R10 and R11 commemorate 100 years of the Australian Red Cross, with R10 having the Red Cross emblem and “100 YEARS PEOPLE HELPING PEOPLE”, and R11 adding the seven Fundamental Principles. R12 and R13 feature the wedge-tailed eagle in proof finish, on gold and silver respectively. The mintmark “P” appears on many reverses, indicating Perth Mint. The year of issue is embedded in the reverse (2014 or 2015) or obverse, rather than being a separate specification field. These design codes allow a single instrument to cover a wide variety of coins, including coloured coins, by referencing standardised descriptions.

The primary entity directly bound by this determination is the Perth Mint, a government-owned corporation operating under its own Act (the Perth Mint Agreement Act 1972 (WA) but also subject to Commonwealth currency laws when issuing Australian legal tender coins). The Perth Mint’s operational staff - including minting technicians, quality control officers, and product managers - must ensure that every coin produced under this determination matches the table exactly, within the stated tolerances. If the Mint deviates, the coins would not be “specified” by a determination under s 13A(1) and may not be legal tender, exposing the Mint to reputational and regulatory risk. Coin dealers, bullion traders, and precious metal refineries are indirectly affected because they buy and sell these coins. A coin that does not meet the specification (e.g., underweight) could be rejected by buyers or attract legal tender challenges. Dealers rely on the determination to know what constitutes an authorised Perth Mint coin. Investors and collectors acquire these coins either for their precious metal content, for numismatic value, or both. A collector paying above face for a proof-finish coloured coin needs assurance that the coin matches the official design - the determination is the definitive source. The Reserve Bank of Australia has an interest because legal tender coins must be specified under the Currency Act; this determination contributes to the stock of coins that are legal tender. The Australian Government receives seigniorage (the difference between face value and cost of production) for base metal coins, but for bullion coins the face value is well below metal value, so the government may earn a premium from the Mint’s sale of the coin as a collector or investment item. Competitors such as private mints and the Royal Australian Mint are affected insofar as the Perth Mint’s product range under this determination may compete for market share. The Royal Australian Mint is not covered by this determination; it operates under separate authority. Taxpayers may ultimately bear cost if the Mint’s bullion coin program incurs losses (though the Mint is expected to be commercially viable). Consumers who receive these coins in change are unlikely to see them in circulation because the metal value far exceeds face value; the coins will be hoarded or melted. The determination thus affects a narrow but financially significant market.

The determination imposes only duties on the Perth Mint; it creates no duties on the public. The Mint must ensure that any coin it issues as being under this determination conforms exactly to the specifications in Schedule 1. This includes the obligation to use the correct composition, to stay within the weight tolerance, to meet dimensional maxima, and to apply the correct obverse and reverse designs with the precise text, fonts, and finishes (bullion or proof). The Mint must also affix the mintmark “P” where required and any year dates exactly as specified. The instrument does not state a time limit for when each coin must be minted; the design year (2014 or 2015) is part of the specification but the Mint presumably can strike the coin in that year or possibly later if it bears that year. The determination gives the Mint the right to produce and issue these coins as legal tender of Australia. Without this determination, such coins would not be authorised under s 13A(1) and their legal tender status would be uncertain. The Mint also has the right to rely on the weight tolerances: coins within the allowable variation are compliant even if slightly overweight or underweight. For the aluminium-bronze $1 coins, the tolerance is ±1.000 g on a 13.500 g coin - a relatively wide 7.4% range, likely because these are circulation-style commemorative coins where minor weight variation is less critical. The public has the right to use these coins as legal tender up to the limits in the Currency Act (e.g., for silver and gold coins, there may be limits for larger denominations, but the Act is not reproduced here). The determination does not create any right to demand the Mint produce a particular coin. Collectors who order coins from the Mint have contractual rights, but those arise from the Mint’s sales terms, not this determination. The instrument also does not impose any obligation on the Mint to continue striking any coin type - it merely authorises production. The Mint could issue only a subset of the 23 items. The determination does not create any private right of action for failure to comply; enforcement would be a matter between the Mint and the Commonwealth, presumably through the Treasurer or the Reserve Bank under the Currency Act.

The determination itself contains no penalty provisions. It is a specification instrument, not a penal one. Enforcement mechanisms would derive from the Currency Act 1965, which is not reproduced in the source. However, we can infer from the structure that producing a coin that purports to be a legal tender coin of Australia but does not meet the specifications of a determination could attract liability for counterfeiting or for issuing unauthorised coins. Section 13A(1) of the Currency Act empowers the making of determinations; any coin that is not in accordance with such a determination is likely not legal tender. If the Perth Mint issued a coin that deviated from these specifications (e.g., wrong weight or different obverse) and represented it as a coin under this determination, that could be a breach of the Mint’s statutory obligations, possibly leading to administrative action, revocation of the determination for that coin, or direction from the Treasurer. For a private person, minting a coin that mimics the design could be counterfeiting under Part 3 of the Currency Act (which is not provided here but commonly prohibits unauthorised reproduction of coins). The determination does not create any licensing or permit system; the Perth Mint is a named entity, and only the Mint can produce these coins as legal tender. Anyone else who reproduces the design or produces a coin with the same specifications (e.g., a private bullion bar with similar weight) would not be making a “coin” for currency purposes, but if they attempted to pass it off as legal tender or used the exact design, that could be a trademark or design infringement, or a criminal offence under the Currency Act. The determination also does not specify any audit or testing regime. In practice, the Perth Mint self-certifies compliance and the Royal Australian Mint (or the Treasury) may conduct checks. The allowable variations provide a safe harbour: a coin within tolerance is compliant; a coin outside is not. There is no stated penalty for the Mint if it accidentally produces out-of-spec coins; likely the coins would be withdrawn or remelted. This is a significant compliance risk for the Mint: a batch of coins that fails weight or design could be unsaleable as legal tender, causing financial loss. The determination thus indirectly imposes a cost of quality control.

This determination is made solely under subsection 13A(1) of the Currency Act 1965. It does not mention any other Commonwealth, state, or territory legislation. The primary interaction is with the Currency Act itself: the determination is the subordinate instrument that fills in the details for the Act’s provisions about legal tender coins. The Currency Act sets the framework - e.g., what denominations are authorised (the Schedule to the Act), limits on legal tender amounts, prohibitions on melting or mutilating coins, and counterfeiting offences - while this determination provides the specific physical characteristics for a particular set of coins. The determination also notes that it does not affect any other determination under the same subsection (section 5(4)). This implies that the Perth Mint can have multiple determinations in force simultaneously, each covering different coin series or years. For example, there may be a separate determination for earlier series (like the 2013 Gold Kangaroo series) and later ones (2015 series). Each determination operates independently. The interaction with tax laws is not addressed. For investors, capital gains tax treatment of bullion coins may depend on whether they are considered “investment gold” under the A New Tax System (Goods and Services Tax) Act 1999 or the Income Tax Assessment Act; that is outside this instrument. The determination also interacts with design and trademark law indirectly: the designs (especially the Red Cross logo, superhero concepts, and “Land Down Under” images) may be subject to third-party intellectual property rights. The Perth Mint must secure licences or use public domain images; the determination does not address that. The instrument likely operates within the framework of the Perth Mint Agreement Act 1972 (WA) , which governs the Mint’s establishment and its relationship with the Commonwealth for producing coins. However, that Act is not mentioned here. The determination may also interact with Australia’s obligations under international anti-money laundering and counter-terrorism financing laws for large bullion transactions, but again that is outside the instrument. For the public, the most practical interaction is with the currency laws that govern legal tender: a $10 silver coin with a melt value of $400+ is still legal tender for $10, but a creditor is generally not obliged to accept more than $5 worth of silver coins if the debt is over $5 (per the Currency Act). This determination does not alter those limits.

The text of the instrument as provided shows no amendments. It is a single original determination signed on 13 August 2013. The table in Schedule 1 includes coins with design years 2014 and 2015, which suggests the instrument was intended to authorise coins to be issued over at least two years. No amending instruments are referenced. The determination is a legislative instrument registered under the Legislative Instruments Act 2003 (now the Legislation Act 2003). Upon registration, it would have been assigned an FRLI (Federal Register of Legislative Instruments) number. Because it is not amended, the version provided is the original. The instrument may have been repealed or superseded by later determinations for subsequent years (e.g., a 2014 No. 1 or No. 2 for 2016 designs). The source text does not provide that information. The note “This determination does not affect any other determination” indicates that the drafter intended this to operate alongside others, not replace them. Accordingly, as of the date of this deep dive (assuming it is 2025), this determination is likely no longer active for new coin issues, but the coins minted under it remain legal tender unless formally revoked. The Currency Act allows the Treasurer or delegate to vary or revoke a determination at any time. There is no evidence in the source of any such action. Researchers would need to check the Federal Register of Legislation to confirm the current status.

The source text provides no reference to any litigation concerning this determination. Given the narrow technical nature of the instrument, it is unlikely to have been the subject of court proceedings. Litigation could theoretically arise in several scenarios: a buyer of a Perth Mint coin could allege that the coin did not match the specifications in Table (e.g., wrong weight or design) and seek damages for breach of contract or misleading conduct. That would be a private law dispute, not a challenge to the determination itself. Another scenario: a competitor could challenge the validity of the determination on procedural grounds (e.g., if the Parliamentary Secretary lacked delegation, or if the instrument was not properly registered) - but no such challenge is recorded. The determination itself is likely to be considered a legislative instrument of a type that courts review deferentially; it is a ministerial specification under a parent Act. If a coin were alleged to be counterfeit, the court might refer to the determination to determine if the coin matches the authorised design. For example, a $1 silver coin (item 2) has a specific obverse O1 (in a circle, with “IRB”). If a purported coin has a different obverse (e.g., without the circle), it would not be a coin under this determination and would be unauthorised. That could be relevant in a criminal prosecution for counterfeiting. The determination would serve as evidence of the legal standard. No reported cases naming this determination were found in the source. Given that the instrument is nearly a decade old (2013), and bullion coin litigation is rare, the absence of litigation is not surprising. The most likely area of dispute would be over the “allowable variation” in weight - a buyer receiving a coin on the low end of tolerance might claim it is underweight, but the determination explicitly permits that variation. This provides a defence. Likewise, the description “proof finish” versus “bullion finish” could be contested if the coin’s surface does not match industry expectations, but the determination does not define those terms beyond the design descriptions. That could be a source of ambiguity but not yet litigated.

Several traps lurk in this determination for the unwary:

1. Face value versus intrinsic value. The $10 silver coin (item 1) weighs 312.347 grams of 99.9% silver, which at current silver prices is worth many hundreds of dollars, yet its face value is only $10. A creditor is not obliged to accept $10 in silver if the debt exceeds $5 (per Currency Act s 16). A person using this coin to pay a $5 coffee would likely overpay massively, but the recipient must accept it as legal tender for $10? Actually the Currency Act provides that silver coins are legal tender only for amounts not exceeding $5. So a $10 silver coin is legal tender for a debt of $10 only if the debt is exactly $10? The interaction causes confusion. The determination does not warn about this.

2. Weight tolerance and melt value. For the $100 gold coin (item 5), the allowable variation is ±0.053 g on a 31.165 g coin. That is a tight tolerance of about 0.17%. For a gold coin with a market value of around $3,000, a deviation of 0.053 g from standard could represent a difference of about $5 in gold value. An investor buying a coin that is at the low end of tolerance may receive less gold than expected. The determination accepts that as within spec. The Perth Mint can legally produce coins at the low tolerance.

3. Circularity of definitions. The obverse design O1 includes “the designation of the coin, set out in Arabic numerals and the word ‘DOLLAR’, ‘DOLLARS’ or ‘CENTS’ as the case requires”. But the determination covers only dollar denominations and 50 cents. A 50c coin (item 17) uses “CENTS”. So correct. But note O1 also includes “IRB” and a surrounding circle. If a collector removes a coin from its capsule and the edge is not visible, they cannot verify the continuously milled edge.

4. Coloured coins and durability. Several coins (R7, R8, R9, R10, R11) include “coloured” elements. The determination specifies the design includes colour, but does not state any requirement about colourfastness or wear resistance. Since these are legal tender, they could in theory be circulated. The colour might wear off quickly, but the coin would still be legal tender. The Mint likely markets them as non-circulating. A person receiving a faded coloured coin could argue it is no longer in compliance? The determination does not require the colour to persist.

5. Year dating mismatch. The determination was made in 2013 but several coins bear “2014” or “2015” on the obverse or reverse. That is permissible because the determination authorises future-dated coins. But a buyer in 2025 might expect a coin dated 2014 to be from that year. The determination does not limit minting to 2014; the Mint could still strike 2014-dated coins in 2015 or later, as long as the design matches. That is common in bullion coins.

6. Mintmark ambiguity. The “P” mintmark appears on most reverse designs but not all. For example, obverse designs do not list “P”. The wedge-tailed eagle reverses (R12, R13) include “P”. The Red Cross R10 and R11 include “P”. But the aluminium-bronze $1 coins (R7, R8, R11) - R11 includes “P”, R7 and R8 do? Actually R7 and R8 in Part 2 list “P” as part of the design. So all coins have P. Good. Not a trap.

7. Standard composition of base metal coins. For items 15, 16, 19, the composition is “Aluminium and bronze” with no minimum purity. That is vague. The Mint could vary the alloy proportions as long as it is “aluminium and bronze”. Bronze itself is an alloy of copper and tin. Adding aluminium yields aluminium bronze. There is no standard for this. A coin might be less durable than expected.

8. The determination does not expire. It is in force until revoked. Coins minted under it remain legal tender indefinitely. That means a coin from the 2014 series could be presented as payment in 2050. The face value will be even more trivial compared to metal value by then.

For the Perth Mint, compliance is a matter of rigorous manufacturing quality control. The Mint must:

• Use only metal of the required purity (at least 99.9% silver, at least 99.99% gold, or aluminium-bronze within commercially accepted alloy).
• Weigh each coin or batch sample to ensure it falls within the allowable variation for its type. For the $1 silver coin (item 2) weight must be between 31.135 g and 32.135 g. For the $100 gold coin (item 5) between 31.112 g and 31.218 g. The tolerances are tight enough that regular calibration of scales is essential.
• Strike the coin to the specified diameter and thickness maxima (e.g., 75.60 mm diameter, 8.70 mm thickness for the $10 silver). These are maximum dimensions; coins can be slightly smaller but not larger. The Mint must control die wear and planchet thickness.
• Use the correct obverse die that matches one of the four obverse codes. That means verifying that all required elements are present: effigy of Queen Elizabeth II, “ELIZABETH II”, “AUSTRALIA” (or “AUSTRALIA 2014”), the denomination, “IRB”, and any additional text like “2014” or weight/oz. The Mint must ensure the die is not modified.
• Use the correct reverse die matching the assigned code. For instance, for item 1 the reverse is R1, which must include the kangaroo design with sunrays, the text “AUSTRALIAN KANGAROO”, “P”, “Xoz 999 SILVER”, and “2014”. For proof finish coins (e.g., R4) the Mint must apply the proof finish treatment (polished die, multiple strikes) to achieve the mirrored fields and frosted devices described. Failure to achieve the finish could render the coin non-compliant.
• For coloured coins, apply the colour exactly as described (e.g., R7: a coloured representation of a woman on a building ledge, etc.). The colour specification is relative; the Mint must produce a coin that a reasonable person would recognise as matching the description. Exact Pantone codes are not given, so some discretion exists.
• Affix the mintmark “P” where required. For obverse dies, O1, O2, O3, O4 do not list “P”, so no mintmark on obverse.
• Maintain records of production runs including weights and inspections. While the determination does not require record-keeping, it would be prudent for evidencing compliance if a coin is later challenged.
• Not issue coins that deviate from these specs as being under this determination. If a deviation occurs, the coin cannot be sold as a legal tender Perth Mint coin under this instrument.
• Keep separate production lines for different determinations to avoid mixing specifications.

For dealers and collectors wishing to verify compliance: weigh the coin on a calibrated scale, measure diameter and thickness with callipers, check the edge for continuous milling, compare the obverse and reverse to the Part 2 descriptions. For bullion coins, the weight and purity are most critical. For proof coins, the mintmark “P” and the finish (reflective surfaces) should be checked. Collectors buying sealed mint products can rely on the Mint’s reputation, but the determination is the legal backstop. If a coin is suspected non-compliant, an assay can confirm composition. The determination provides the objective standard: if the coin meets the table, it is compliant; if not, it is not authorised legal tender - and the buyer may have recourse under consumer law against the seller. However, the determination does not provide a private remedy; that is left to contract and the Australian Consumer Law. Compliance ultimately rests with the Mint, but all participants in the secondary market should be aware that the determination is the authoritative specification, and any variation eliminates legal tender status.