Currency (Royal Australian Mint) Determination 2009 (No. 7)

Denomination and composition - Each coin carries a face value ($1 or 20c) and is made of a specific metal alloy. The $1 coin is a copper, aluminium and nickel alloy; the 20c coin is copper and nickel. These compositions are standard for these denominations and ensure the coin’s electromagnetic properties, durability and colour. The composition is part of the legal definition; a coin made of different materials would not be a coin of that determination.

Standard weight and allowable variation - For each coin, the determination sets a precise standard weight (e.g. 9.00 g for the $1 coin) and a band of acceptable deviation (± 0.28 g). This tolerance is critical: coins falling outside the band are not coins of the specification, even if they otherwise look identical. The tolerance accounts for manufacturing imprecision and wear. It also serves as an anti-counterfeiting parameter because counterfeit coins often fail to achieve the right weight.

Dimensions - Maximum diameter and maximum thickness are given, not nominal dimensions. That means the coin must not exceed those values; it can be slightly smaller, but not larger. This ensures coins fit into vending machine slots, coin handling equipment and standard storage tubes. For the $1 coin, maximum diameter is 25.12 mm and maximum thickness 2.80 mm.

Design - The obverse and reverse designs are described in words, including all inscriptions and graphic elements. The obverse of both coins carries the Queen Elizabeth II effigy with initials ‘IRB’ and the inscriptions ‘ELIZABETH II’ and ‘AUSTRALIA 2010’. The reverse designs are unique to each coin but feature the same commemorative theme. The design description is part of the legal specification; a coin lacking the required inscriptions or with different imagery would not conform.

Edge - The $1 coin has a distinctive edge: 14 segments, alternating milled and plain. The 20c coin has a continuously milled edge. Edge patterns prevent metal shaving fraud and aid identification for visually impaired users.

Interaction with other determinations - Section 4 states these specifications do not affect any other determination. This means multiple coins of the same denomination with different designs or even different tolerances can be valid simultaneously. For example, a regular circulating $1 coin from an earlier determination remains legal tender even after this commemorative coin is issued. The Mint must track which coin corresponds to which determination.

Royal Australian Mint - The primary entity bound by the determination. Every coin the Mint produces of these two denominations for this commemoration must conform exactly to the specifications in Schedule 1. The Mint’s manufacturing processes, quality control and acceptance testing must ensure standard weight within tolerance, diameter not exceeding maximum, and design elements as described. The Mint must keep records linking each coin batch to the determination.

Reserve Bank of Australia - The Reserve Bank, as the issuer of coinage, will add these coins to the circulating pool. The Bank must accept these coins as legal tender for payments to the Commonwealth and for exchange at banks. The specifications inform the Bank’s acceptance criteria at coin processing centres. Coins that appear damaged or worn beyond the allowable weight variation might be removed from circulation, though the determination itself does not mandate a recirculation standard.

Businesses handling cash - Retailers, vending machine operators, banks and any business accepting cash can rely on the specifications to judge authenticity and wear. For example, a $1 coin weighing 8.5 g would be outside the allowable variation (8.72 g to 9.28 g) and could be refused as damaged or counterfeit. However, businesses face no duty under this determination to inspect coins; they may accept or reject coins at their discretion, subject to legal tender rules in the Currency Act.

Collectors and numismatists - These coins are clearly commemorative (the Burke and Wills expedition theme). Collectors need to know the exact specifications to verify that a coin is genuine and not a fantasy piece. The determination provides the authoritative reference. The 14-segment edge and specific inscriptions become authentication markers.

General public - Individuals who receive these coins in change are entitled to use them as legal tender. The specifications are background law; most people will never consult them. However, if a coin is damaged outside tolerance, a person might have difficulty using it, and the determination defines what constitutes a defective coin.

Duty of the Mint - Under the Currency Act and this determination, the Royal Australian Mint has a duty to produce coins that exactly meet the specifications. Failure to do so could lead to administrative consequences (e.g. recasting of defective batches) and potentially affect the coin’s status as legal tender if the deviation is beyond the allowable variation. The Mint must also ensure that no other coin of the same denomination is inadvertently produced to conflicting specifications without proper determination coverage.

Right of the public to use coins as legal tender - A coin that meets the specifications in this determination (including being within weight tolerance, correct composition and design) is legal tender for its denomination. The Currency Act limits legal tender for small denomination coins (20c coins are not legal tender for payments exceeding $5 unless otherwise ordered), but this determination does not change those limits. The public has the right to offer these coins in payment. Businesses are not absolutely obligated to accept them (they can set payment policies), but if a debt is denominated in dollars and the debtor tenders legal tender coins, the creditor cannot later sue for non-payment if they unreasonably refused.

No duty on private parties - The determination imposes no compliance burden on individuals or businesses to verify specifications. There is no requirement to weigh coins or measure diameters. The duty is entirely on the issuer. However, if a business accepts a counterfeit coin that fails to meet these specifications, they bear the loss.

Rights of verification - Anyone handling coins can rely on the specifications when testing for authenticity. For example, a vending machine that rejects a coin because its weight is at the edge of the tolerance band is legitimately declining a coin that might not be within specification. The determination provides an objective standard.

The instrument itself does not create any penalty provisions. Enforcement flows from the broader Currency Act 1965. The most relevant offences are counterfeiting (s 15), possession of counterfeit coins, and defacing or melting down coins. For a prosecution to succeed, the Crown must prove that the coin in question does not conform to the current determination for that denomination. The specifications in this determination become the benchmark: if a coin purporting to be a $1 coin has a different composition or weight outside tolerance, it is not a coin of the Commonwealth and may be counterfeit.

The Criminal Code (Cth) also contains offences for forging or uttering counterfeit coin, which can attract imprisonment. The determination is not the source of these penalties but is an essential evidentiary tool. A counterfeit coin examiner will compare the suspect coin to the specifications in the determination; any deviation in weight, diameter, edge pattern or design elements supports a finding of counterfeiting.

Similarly, the offence of “defacement” under s 15 of the Currency Act applies to coins that have been mutilated, defaced or otherwise altered so as to reduce their weight below the allowable variation. The allowable variation here defines the threshold: a coin that has been filed down to 8.5 g, outside the ±0.28 g band, could be the subject of a defacement prosecution. The determination thus sets the boundary between lawful wear and criminal alteration.

There are no civil penalties or regulatory fines tied specifically to this determination. Compliance is ensured through the Mint’s internal quality processes (auditable under the Public Governance, Performance and Accountability Act 2013) and through criminal law enforcement. Private enforcement is possible if someone sues for damages for accepting a counterfeit coin, but that would rely on tort or contract, not on this instrument directly.

Currency Act 1965 - This is the enabling Act. Subsection 13A(1) grants the Minister power to determine coin specifications by legislative instrument. The determination sits under that Act and is subject to its provisions. The Currency Act also governs legal tender, coinage offences and the demonetisation of coins. This determination does not override any part of the Act; it simply adds new specification entries. If a later determination changes the specs for the same coin, the later instrument would supersede this one, but only to the extent of inconsistency (section 4 of this instrument says it does not affect other determinations, but a later instrument could expressly repeal or vary this one).

Legislative Instruments Act 2003 - The determination is a legislative instrument and must be registered on the Federal Register of Legislative Instruments. It is subject to Parliamentary scrutiny under that Act. The note to the instrument refers to the registration requirement. If the instrument were not registered, it might not be enforceable.

Reserve Bank Act 1959 - The Reserve Bank has responsibility for the issuing and redeeming of coin. The Bank’s coin management policies (e.g. when to withdraw worn coins) rely on the specifications determined under the Currency Act. The determination indirectly informs the Bank’s operations, but the Bank Act itself is not directly engaged.

Banking and payment systems laws - The determination affects the definition of “legal tender” in payment obligations. The Competition and Consumer Act 2010 and the Australian Securities and Investments Commission Act 2001 may have provisions about misleading representations involving coinage, but the determination provides the factual baseline for whether a coin is genuine.

State and territory legislation - Coinage is a Commonwealth matter. State laws do not regulate coin specifications. However, state crimes legislation (e.g. general fraud) could catch counterfeit transactions, and the determination would be evidence of the genuine article.

Future determinations - The determination explicitly does not affect other coin specifications. Therefore it coexists with, for example, the ordinary circulating $1 coin issued under an earlier determination. The Mint must take care not to mix coins from different determinations when issuing them.

The instrument was made on 2 September 2009 by Nick Sherry, Assistant Treasurer. It commenced on the day after it was registered, which is standard for such determinations. The text provided shows no amendments or compilations. However, as a legislative instrument, it could have been amended or repealed by later instruments, or included in a compilation that reflects subsequent changes. Because the source text is the original version, we cannot infer whether amendments have been made. The note references the Federal Register of Legislative Instruments; a search on that register would reveal the current status, but that information is outside the source. It is common for commemorative coin determinations to remain in force indefinitely unless specifically repealed. Given that the coins bear the year 2010, the determination likely operated only for a limited minting run, but the legal specification may remain on the books.

No amendment history is recorded in the determination itself.

The source text mentions no court cases and is itself an administrative instrument, not a judgment. There is no litigation directly about this determination reported in the source. In practice, such instruments rarely generate standalone litigation. They might arise as evidence in criminal proceedings for counterfeiting or coin alteration. For example, a defendant charged with possessing counterfeit $1 coins might argue that the coins conform to the specification if they fall within the weight tolerance. The determination would be tendered as proof of the legal specifications. Cases interpreting the Currency Act generally, such as Peverill v Hewson (1988) 15 NSWLR 598 (regarding legal tender for gold coins) are not referenced in the instrument.

Given the narrow scope, there are no known controversies or judicial interpretations of this particular determination. Its legal effect is straightforward.

Allowable variation is not a safe harbour - A coin that falls outside the allowable variation band is not a coin under this determination, even if the deviation is tiny. A $1 coin weighing 9.29 g (just 0.01 g over the upper bound) is not a lawful coin, even though it is visually identical. The Mint must therefore hold very tight tolerances.

Maximum dimensions are maximums - The determination states “maximum diameter” and “maximum thickness”. This means there is no minimum dimension specified. Theoretically, a coin could be under the maximum diameter by a large margin and still conform, as long as the weight is within tolerance (weight depends on thickness and composition, so extreme thinness would pull weight out of tolerance). But the absence of a minimum means a coin that is slightly undersized but still within weight tolerance could be legal. Vending machine operators who rely on exact diameter may reject such coins, causing user frustration.

Design descriptions are not exhaustive - The reverse design descriptions list certain elements, but they are not full images. For example, “a representation of a tree with a carving of the Roman numeral ‘LXV’” - what if the tree is barely visible due to wear? The determination does not say the design must be legible. A heavily worn coin might still meet the specification if its weight and dimensions are within tolerance. But if the wear is so deep that the coin no longer weighs enough, it fails.

Edge pattern is specific - The $1 coin has “14 segments, of which 7 are milled and 7 are plain”. A coin with 13 or 15 segments would not conform. Collectors should count the segments.

Coins from other years may be confused - The obverse says “AUSTRALIA 2010”. This is the year of issue, not the year of minting (coins are often dated the year of issue). A 2010-dated coin from this determination could be confused with a later minting of the same design for a later year, which would require a separate determination.

No expiry - The determination does not sunset. It remains in force until repealed or superseded. That means these specifications continue to define legal $1 and 20c coins even long after the commemorative issue has ceased. If the Mint later issues a different $1 coin with different specs, collectors might think either is valid; the determination says they coexist.

Interaction with the Legislative Instruments Act - If the instrument were not properly registered, it might have no effect. But it appears registered. The note directs readers to FRLI.

Compliance with this determination is relevant to only a few parties.

For the Royal Australian Mint - The Mint must ensure that every coin produced under this determination is manufactured to the stated specifications. This requires:

• Quality control procedures that check weight (to within ±0.28 g for $1, ±0.33 g for 20c), diameter (not exceeding 25.12 mm and 28.65 mm respectively), and thickness (not exceeding 2.80 mm and 2.52 mm).
• Verification that the alloy composition is correct (copper-aluminium-nickel; copper-nickel). Composition can be verified by X-ray fluorescence or chemical assay.
• Edge pattern inspection (14 segments alternating milled/plain; continuous milled edge for 20c).
• Design fidelity: the obverse and reverse must match the verbal descriptions exactly. That includes the effigy, inscriptions, and the particular graphic elements (the tree, the figures, footprints, coastline, and the initial ‘WP’). The Mint should retain master dies and reference samples.
• Record-keeping: link batches to this determination, especially if other $1 coin specifications are in force concurrently.
• Internal audits to ensure no coin intended for circulation deviates beyond tolerances, as that coin would be non-compliant. Such coins should be melted down and recast.

For businesses and the public - There is no compliance obligation under this determination. However, if someone suspects a coin is counterfeit, they can compare it to the specifications in the determination. Practical steps include:

• Weighing the coin on a precise scale; if it falls outside the allowable range, it may be counterfeit or damaged.
• Checking the diameter with callipers against the maximum.
• Examining the edge pattern.
• Verifying the inscriptions and design elements with the description.

For banks - Banks that accept coin deposits for exchange should have processes to reject coins that are not legal tender. While not mandatory, best practice is to use coin counting machines calibrated to accept coins within the specification tolerances. Coins that are clearly worn or outside tolerance may be considered damaged and may be returned or forwarded to the Mint for recirculation decision.

For collectors - Collectors should retain a copy of this determination as provenance for the coin’s authenticity. The determination serves as a third-party verification source. If a collector purchases a coin said to be from this issue, they should verify that it matches the specifications, especially the weight and edge pattern. A coin that differs in any design element (e.g. missing the word ‘EXPEDITION’) is not a coin of this determination and may be a fake or an error coin from a different issue.

Overall, compliance is straightforward because the instrument is precise and imposes duties only on the Mint. The key risk for the Mint is manufacturing drift, which can be managed with statistical process control. For others, the determination is a passive reference tool.