Currency (Royal Australian Mint) Determination 2009 (No. 2)

Denomination. All ten coins share a face value of $1. This does not imply equal market value: the silver coins contain approximately one troy ounce of silver (31.635 g at 99.9 per cent purity) and will trade at a multiple of face value in secondary markets. The denomination is the same for purposes of legal tender.

Standard composition. For items 1 through 7, the composition is “copper, aluminium and nickel” without specified proportions. This is the standard cupronickel blend used in circulating Australian $1 coins since 1984. For items 8 through 10, the composition is “at least 99.9% silver”, a bullion-grade purity comparable to investment-grade silver rounds. The use of “at least” permits slight upward purity but not downward.

Standard weight and allowable variation. Each base-metal coin must weigh 9.00 g plus or minus 0.27 g (a tolerance of 3 per cent above or below nominal). Each silver coin must weigh 31.635 g plus or minus 0.500 g (a tolerance of about 1.58 per cent). The tighter relative tolerance for silver coins reflects their investment purpose. Coins falling outside these limits would not conform to the Determination and could not lawfully be issued as these particular coins.

Dimensions. The Determination specifies maximum diameter and maximum thickness, not nominal dimensions with tolerance. This means any coin produced must not exceed 25.12 mm diameter or 2.80 mm thickness (base-metal) or 40.20 mm diameter or 3.50 mm thickness (silver). It leaves open how much smaller the coin may be within those limits, which is unusual compared to the weight specification where a two-sided tolerance is given.

Design. The obverse design for each coin features an effigy of Queen Elizabeth II with the monogram “IRB” (the initials of designer Ian Rank-Broadley) and inscriptions including “ELIZABETH II” plus “AUSTRALIA” and year. The reverse designs are specified in substantial detail, including pad printed images (a colour application process), specific elements, inscriptions, and relative positions. The level of prescriptive detail in a legislative instrument is notable: the position of individual numbers, representations of grass, foliage, twigs, and the exact wording of inscriptions are matters of delegated legislation rather than administrative decision.

Pad printing. Each coin’s reverse design includes a “pad printed image”. This is a commercial printing process that transfers a two-dimensional image onto a three-dimensional surface using a silicone pad. It allows colour application on coins, which is more complex than traditional minting. The pad printing will wear over time on circulating coins, but for collector coins (especially the silver coins marketed as part of a series) this is less concerning.

Collector coins vs circulating coins. The Determination does not label any coin as circulating or non-circulating. However, the specifications make clear that items 8 through 10 are bullion-type collector coins: the weight is approximately one troy ounce, the purity is 99.9 per cent silver, and the designs reference “Kangaroo Series” with named artists. The base-metal coins with wildlife themes were presumably produced for general circulation as collectable designs, a common practice for the Royal Australian Mint.

The primary entity affected is the Royal Australian Mint, a statutory corporation within the Treasury portfolio. The Determination constrains the Mint’s production: any coin struck and issued as one of the specified designs must conform to the listed specifications. The Mint’s quality control, procurement of metal blanks, design finalisation, tooling, and production processes must all operate within the parameters set out in Schedule 1. This represents a compliance cost borne by the Mint (and ultimately by taxpayers and coin purchasers) in the form of tighter quality assurance systems, particularly for the silver coins where weight tolerance is narrower.

Coin collectors and numismatists are directly affected because the Determination creates the legal basis for coins that enter the secondary market. The silver coins in particular have investment characteristics: their market price will track the silver spot price plus a premium for the Mint’s branding, design, and limited mintage. Collectors need to know these coins are legal tender with face value $1 but have melt value far exceeding face when silver prices are above approximately $32 per ounce (given 31.635 g at 31.1035 g per troy ounce). The market for these coins is affected by the Determination’s specifications: change the specifications and the coin is no longer the same product.

Businesses that handle cash are affected only marginally. These coins are legal tender for $1. However, the silver coins are physically distinct (thicker, larger diameter, different edge) and will likely be refused by retailers or banks unfamiliar with them. While they remain legal tender, businesses can set payment policies that effectively exclude unusual coins. The Determination does not compel anyone to accept these coins; the Currency Act governs legal tender, but practical acceptance is a matter of commercial discretion.

Secondary market traders, bullion dealers, and online auction platforms need to verify authenticity against the Determination’s specifications. The level of detail in Schedule 1 with respect to design elements (including specific inscriptions, pad printed features, and artists’ signatures) assists authentication. However, counterfeiters could exploit the prescriptive design to produce convincing fakes.

Taxpayers are indirectly affected because the Mint’s coin production, including vault storage, marketing, and sale of non-circulating coins, is funded from consolidated revenue. The Mint generates offsetting revenue from sales of uncirculated and proof coins, but the net fiscal effect depends on mintage volumes, pricing, and secondary market premiums.

Duties. The Determination imposes a single duty: the Royal Australian Mint must not issue a coin as one of the specified items unless it conforms to the specifications in Schedule 1. This duty flows from section 13A(1) of the Currency Act read with section 3 of the Determination. The instrument is the sole source of lawful authority for these particular designs. If the Mint were to issue a coin that, for example, weighed 9.50 g for item 1, that coin would not be a coin specified by this Determination and its legal status under the Currency Act would be uncertain. The duty is on the Mint, not on any private person. There is no duty on the public to accept these coins; the Currency Act provides they are legal tender, but a person is not compelled to accept any particular form of payment in a private transaction unless a contract requires it.

Rights. The public has the right to use these coins as legal tender for $1 per coin. This right is not created by the Determination but by the Currency Act; the Determination merely specifies which physical objects qualify. The public also has the right to purchase these coins from the Mint at issue price (which for the silver coins will substantially exceed face value). The Determination does not establish any redemption right; the Mint is not obliged to buy back these coins at face value or otherwise.

Crown prerogative. The Determination operates within the Crown’s prerogative over coinage, which the Currency Act codifies in part. The instrument represents a delegation of that power to the relevant minister (or the Mint via the ministerial power under s 13A). The specificity of the design details suggests ministerial or departmental control over aesthetic choices that would otherwise be internal bureaucratic decisions. The rights of artists (Rolf Harris, Reg Mombassa, Ken Done) are not addressed in the Determination. The instrument does not mention licensing, copyright, or fees. Those are matters of contract between the Mint and the artists. The inclusion of the Harris design is notable given his subsequent convictions for sexual offences; the Determination itself does not address what happens if a design becomes controversial.

No private rights of action. The Determination does not create any private right enforceable by an individual. A collector who purchases a coin that does not conform to the specifications may have a cause of action under consumer law (against the Mint or retailer) but not for breach of the Determination itself. The legislative instrument is directed at the Mint, not at sellers.

The Determination creates no penalties. It is a specification instrument, not a regulatory prohibition. Any criminal liability related to these coins arises under the Currency Act itself, not under this instrument. The Currency Act contains offences for counterfeiting, defacing, and unlawfully melting coins. Those offences apply regardless of the specifications in this Determination.

Counterfeiting. Producing a coin that closely resembles any of the specified designs would likely contravene the forgery and counterfeiting provisions of the Criminal Code and the Currency Act. The detailed specifications in Schedule 1 serve an evidentiary function in such prosecutions: the design details, dimensions, weight, and edge type provide a precise benchmark against which an allegedly counterfeit coin can be compared.

Defacing or melting. The Currency Act prohibits defacing or melting Australian coins. This prohibition covers the coins specified in this Determination to the same extent as any other coin. The silver coins present a practical issue: their melt value is higher than face value, creating an incentive to melt them. The prohibition on melting is enforceable but difficult to police for small quantities.

Weight variations. The allowable variation in weight is part of the specification for lawful issue. Coins outside the tolerance are not conforming. However, a coin that originally conformed but lost weight through circulation wear is not unlawful to possess. The tolerance applies at the point of minting and issue. Enforcement against the Mint for issuing non-conforming coins would be through administrative law (judicial review of the minister’s decision to issue a non-conforming coin) rather than criminal penalty. No such action is recorded in the source.

No compliance burden on private persons. Because the Determination regulates only the Mint’s production, there are no enforcement actions available against private persons for failing to comply with the Determination itself. Private persons may commit Currency Act offences in relation to these coins, but that enforcement is not a function of this instrument.

Secondary market regulation. The Determination does not regulate the resale or advertising of these coins. Misleading or deceptive conduct in the marketing of coins (including misrepresenting specifications) is governed by the Australian Consumer Law. The principle of caveat emptor applies strongly in the numismatic market, and the Determination provides a benchmark but not a enforcement mechanism for individual buyers.

Currency Act 1965. The Determination is made under subsection 13A(1) of the Currency Act, which empowers the Minister to determine the specifications of coins. The parent Act provides that coins specified under that section are legal tender. The Determination therefore sits within a legislative hierarchy: the Currency Act sets the legal framework, and the Determination fills in the physical detail. Any inconsistency between this Determination and the Currency Act would render the Determination invalid to the extent of the inconsistency. The Determination does not purport to override any provision of the Currency Act.

Other coin determinations. Section 4 specifically provides that the specifications in Schedule 1 do not affect any other determination of coin specifications. This means the $1 coin specified in earlier determinations (including circulating designs issued in earlier years) remains lawful. There can be multiple lawful $1 coin specifications in force simultaneously. This is standard for a currency system where multiple designs circulate. The practical effect is that the Mint can produce these 10 coins alongside any others previously determined.

Australia’s obligations as a national mint. The Determination does not reference any international obligations, but the specifications for the silver coins (99.9 per cent purity, 1 troy ounce weight) conform to international norms for bullion coins. The “1oz. Ag” inscription follows the conventional chemical symbol for silver and troy ounce notation. This facilitates international trading of these coins as investment products alongside coins from the Perth Mint the Royal Canadian Mint the US Mint and others.

Goods and Services Tax (GST). The Determination does not address tax treatment. Under A New Tax System (Goods and Services Tax) Act 1999, precious metal coins that are legal tender are generally input-taxed (for investors) or GST-free if they meet the investment-grade precious metal definition. The 99.9 per cent silver purity of items 8 through 10 qualifies them for potential GST-free treatment for eligible purchasers, but this is a function of tax law not the Determination. The base-metal coins are standard legal tender and GST-free in the sense that purchases of goods with legal tender coins are not subject to GST on the coin itself.

Criminal law. Offences relating to coins (counterfeiting fraud possession of counterfeit coins) are governed by the Criminal Code Act 1995 and applicable state criminal laws. The Determination’s specifications are relevant as evidence of what constitutes the genuine article but do not themselves create or modify criminal offences.

Consumer law. The Competition and Consumer Act 2010 (Australian Consumer Law) applies to the sale of these coins by the Mint or by secondary sellers. Representations about the coin’s specifications (composition weight purity) must be accurate. The Determination sets the benchmark: a coin marketed as “item 8” must conform to the Schedule or the seller may face liability for false or misleading representations. The Determination does not create consumer rights but provides the objective specifications against which such claims can be tested.

The Determination as compiled reflects an amendment made by the Currency Legislation (Royal Australian Mint) Amendment Determination 2011 (No. 1) (registered as F2011L01458 on 8 July 2011). This amendment was retrospective: it applied Schedule 2 to the Determination from 16 April 2009, the day after the original Determination was registered. The amendment history in Endnote 4 shows that Schedule 1 was amended by that instrument.

The retrospective nature is significant. It means that coins minted between 16 April 2009 and 8 July 2011 which conformed to the amended specifications (including presumably the silver coins items 8 through 10 which bear years 2009 and 2010 on their obverse) are lawfully issued coins despite the amendment occurring after their minting. If the silver coins were minted without prior specification and then later validated by retrospective amendment, this raises questions about their legal status in the interim period. The retrospective operation does not appear to have been challenged.

There is only one amendment to this instrument in the source. No further amendments are recorded in Endnote 5 (uncommenced amendments) or Endnote 6 (modifications) which both indicate “none”. The compilation status note says the includes amendments up to that 2011 amendment, suggesting the instrument may have been further amended after 2013 (the compilation date) but that is beyond the source.

The source includes no reference to litigation. No cases are cited or mentioned in the text. Endnotes 5 through 8 indicate no uncommenced amendments, modifications, misdescribed amendments, or miscellaneous matters. The absence of litigation history is consistent with the nature of the instrument: it is a ministerial determination of technical specifications, not a regulatory scheme that imposes obligations on private persons. Challenges to such instruments are rare in Australian administrative law.

The most plausible ground for judicial review would be that the minister exceeded the power under subsection 13A(1) of the Currency Act, for example by specifying a coin that is not of a denomination authorised by the Act, or by specifying design elements that are not properly within the concept of “specifications”. No such challenge appears to have been brought. The Rolf Harris design (item 8) might have attracted scrutiny given Harris’s subsequent convictions, but the Determination itself does not address the artist’s suitability and no legal challenge on that basis is recorded in the source.

The retrospective amendment could theoretically have been challenged as an invalid exercise of legislative power, but again no record exists in the source. The Determination has survived any potential litigation.

The silver coins are not what they appear to be for legal tender purposes. A $1 coin that contains 31.635 g of 99.9 per cent silver has a melt value that varies with the silver price. When silver trades above approximately $32 per troy ounce, the metal content exceeds the face value. This creates incentives to remove these coins from circulation for melting, which is prohibited under the Currency Act. The Determination does not warn users of this. A business that accepts a silver $1 coin at face value may be receiving a coin worth four or five times that amount in silver content. Conversely, a person who spends the coin at face value loses the difference. The legal tender value is $1, but the economic value is far higher.

The Rolf Harris design. Item 8 features the signature and name of Rolf Harris, who was later convicted of indecent assault and other sexual offences in the United Kingdom and Australia. The Determination does not address the consequences of an artist’s reputation changing. The coin remains legal tender. The Mint presumably ceased promoting the coin after the convictions, but the Determination itself contains no revocation mechanism. The coin is still a lawful coin under this instrument. Holders may find reduced demand in secondary markets, but the silver content retains intrinsic value. This illustrates a broader risk: numismatic value is tied to the story behind the coin, and stories can change.

The pad printing will wear. The reverse designs of all ten coins include pad printed images. Pad printing on circulating coins is not permanent. The colour image will scratch, fade, and wear with handling, particularly for coins that actually enter circulation. The Determination does not require any durability standard. A collector who finds a used coin with worn pad printing has a coin that still meets the specification (the design is present at minting) but appears different from the mint state. For the silver coins, sold as uncirculated or proof collector items, this is less relevant because they are unlikely to circulate. For the base-metal coins, the wear means the coins in general circulation may look substantially different from the illustrations.

The weight tolerance for base-metal coins is generous. At ±0.27 g on a 9.00 g coin, the tolerance is 3 per cent. This allows a coin to weigh as little as 8.73 g or as much as 9.27 g and still be lawful. This is a wider tolerance than many collectors expect. A “proof” or “uncirculated” coin marketed as a precise 9.00 g might fall within the tolerance but not be exactly on nominal weight. The Determination does not require the Mint to achieve a tighter tolerance for premium products.

The silver coins have no minimum thickness specification. The Determination gives maximum thickness (3.50 mm) but no minimum. This is unusual. Combined with the diameter specification (40.20 mm maximum), the coin could theoretically be thinner than the specification implies and still comply. The silver coins also have a continuously milled edge unlike the 14-segment edge of the base-metal coins. This makes them feel and roll differently, and automated coin handling machines may reject them.

Section 4 means there are multiple lawful $1 coin specifications. Any $1 coin issued under an earlier determination remains legal tender. The Determination does not supersede earlier designs. This means the Mint can simultaneously issue multiple $1 coin designs in the same year. Collectors need to track each determination to know what is lawful. A coin issued in 2009 under an earlier determination remains lawful and may be confused with the 2009-dated coins in this Determination.

The retrospective amendment affects historical validity. The 2011 amendment was retrospective to 16 April 2009. This means coins minted and sold in 2009 and 2010 (before the amendment existed) are now retrospectively authorised. If the amendment added or changed specifications, any coin minted in reliance on the pre-amendment specifications may or may not be lawful depending on what changed. The source does not specify what the 2011 amendment altered, so its exact effect cannot be determined from the provided text alone.

For the Royal Australian Mint. Compliance requires that each coin produced as one of the ten specified items meet every parameter in Schedule 1. The Mint must establish quality control systems that test weight, diameter, thickness, composition, and edge type, and must also ensure the design matches the description including pad printed elements, inscriptions, and the relative positioning of design features. The allowable weight variation requires weighing systems capable of rejecting coins below 8.73 g or above 9.27 g for base-metal coins, and below 31.135 g or above 32.135 g for silver coins. The Mint should keep records of production batches and testing results to demonstrate compliance in the event of a challenge. The Mint must also maintain separate records for each item, as the designs differ and mix-ups would produce non-conforming coins. The continued presence of the Rolf Harris design (item 8) after his convictions creates no legal compliance issue but may present reputational risk; compliance means the coin must still meet the specification even if the Mint would prefer not to continue issuing it.

For collectors and investors. Compliance with this instrument is not something a collector does; rather, the collector uses the instrument to verify what they are buying. Key steps: (1) check the weight on a calibrated scale. For silver coins, 31.635 g with a tolerance of ±0.500 g. For base-metal coins, 9.00 g ± 0.27 g. (2) Measure diameter and thickness. Maximums are given; the coin should not exceed them. (3) Verify composition. For silver coins, “at least 99.9% silver” means a specific gravity test or XRF analysis can confirm. Base-metal coins are a copper-aluminium-nickel alloy, which is non-magnetic and has a distinctive density. (4) Examine the design details against the Schedule. Pay attention to inscriptions (“1oz. Ag”, “.999”, the specific artist names and signatures), the position of elements (e.g. “to the left of the flying fox on the coin , the number ‘1’”), and the edge type (14 segments for base-metal, continuously milled for silver). (5) For the silver coins, verify mintage numbers if the Mint publishes them, but the Determination does not itself require any mintage limits.

For businesses accepting cash. Train staff to recognise these coins as Australian legal tender. The base-metal coins are the same size and weight as standard $1 coins and should be accepted if presented. The silver coins are noticeably larger and heavier. A business can lawfully refuse unusually large coins as a matter of commercial policy, but should be aware they are legal tender up to any amount. If a silver coin is accepted, the business receives a coin with significant silver value, which is a windfall if the coin is spent at face value. Conversely, accepting a counterfeit of one of these coins carries the same risk as any counterfeit currency.

For secondary market sellers. Do not misrepresent a coin’s specifications. Calling a coin “item 8” when it does not meet the Schedule 1 specifications may attract liability under the Australian Consumer Law. If the pad printing has worn or the weight is outside tolerance, disclose that. The Determination provides an objective benchmark; use it in product descriptions. List the actual weight, diameter, and condition. The market for the Rolf Harris coin may be affected by reputational issues; comply with any laws regarding sale of memorabilia associated with convicted persons, but the coin itself is not prohibited.