Currency (Royal Australian Mint) Determination (No. 2) 2017

The determination introduces or relies on several key concepts from the Currency Act and from coinage law generally. The most fundamental is denomination, defined simply as the monetary value inscribed on the coin (e.g. 50c, $1, $2, $10, $30). The instrument does not alter the legal tender limits associated with those denominations; it merely authorises production of coins bearing those values.

Standard composition refers to the metallic content that the coin must be made from. The table specifies either a named alloy (e.g. “Copper and nickel”) or a purity requirement (e.g. “At least 99.9% silver”). For base metal coins, the composition is an alloy standard to Australian circulating coinage. For precious metal coins, the threshold is a minimum fineness, allowing the Mint some latitude in alloying while still meeting the purity target. The “at least” formulation means a coin could contain a higher purity than stated, but that would raise its intrinsic value relative to face value , a commercial decision for the Mint.

Standard weight is stated in grams, with an allowable variation expressed as ± and a number (for base metal coins) or + and a number (for precious metal coins). For example, the 50 cent copper-nickel coin has a standard weight of 15.55 g ± 0.96 g, so the legal range is 14.59 g to 16.51 g. By contrast, the $30 silver coin has 1000 g + 9.50 g, meaning a minimum of 1000 g but no upper bound specified explicitly (only a +9.50 g tolerance, but the instrument says “1000 + 9.50” , likely meaning the allowable variation is from 1000 g to 1009.50 g, but the wording is ambiguous; strictly read, the standard weight is 1000 g and the allowable variation is +9.50 g, with no downward tolerance, so any weight below 1000 g would violate the specification). The difference between two-tailed and one-tailed tolerances is a notable detail: base metal coins allow underweight as well as overweight, whereas several precious metal coins allow only overweight (item 15: 1000 + 9.50; item 16: 31.103 + 3.00; items 18, 19 similarly). This asymmetry reflects the Mint’s desire to avoid delivering metal value below the face value , but for base metal coins, small weight variations are inconsequential because the metal value is far below face value anyway.

Maximum diameter or other dimension and maximum thickness set upper bounds on coin size. Only a maximum is specified, not a minimum, meaning coins could be slightly smaller than the stated dimension as long as they are not larger. This is practical for coin-handling machinery; a coin that is too thick might jam.

Shape is either dodecagonal (12-sided) or circular. The 50 cent coins (all items, base metal and silver) are dodecagonal; all $1, $2, $10 and $30 coins are circular. Edge design: plain (smooth), interrupted milling (milled segments separated by plain segments), or continuously milled (reeded). The obverse designs distinguish between coins that do not show value on the obverse (O1) and those that do (O2). The reverse designs are highly detailed and commemorative.

Legal tender is not a concept defined in this instrument but arises from the Currency Act: once the Mint issues a coin meeting these specifications, it is legal tender in Australia subject to any applicable limits. Collectors and the public should be aware that legal tender status does not compel anyone to accept a coin in a transaction other than for the discharge of a debt in the amount of the coin’s face value (subject to limits). For precious metal coins with high metal value, their collector or investment value may far exceed face value, but their legal tender status remains at face value.

The determination directly affects the Royal Australian Mint as the issuer of the coins. The Mint must ensure that any coin produced under these specifications complies with the composition, weight, dimensional and design parameters set out in the instrument. That imposes production costs: adherence to purity standards for precious metals requires careful sourcing and assaying; weight tolerances require precise blanking and striking; design details, especially for coloured or multi-coloured coins (reverse R11 includes “coloured” description), require additional manufacturing steps and quality control. The Mint also must maintain records to demonstrate compliance, but the instrument itself does not prescribe any reporting obligations.

Collectors and investors in Australian numismatic products are directly affected because the instrument defines the characteristics of the coins they purchase. The Mint markets these coins as limited-edition collector items, and the determination provides the legal basis for their face value and composition. A collector who buys a $30 silver coin worth several hundred dollars in metal content relies on the specification to confirm purity. The “at least 99.9% silver” standard gives some assurance, but the one-tailed weight tolerance (only overweight allowed) means the coin is virtually certain to meet the stated silver content minimum.

Businesses that handle cash may be affected only indirectly. The base metal coins (items 1-13, 17) are intended for circulation. The $1 and $2 coins from items 8-11 and 17 have standard weights and dimensions identical to existing circulating coins of those denominations, so they will work in vending machines and coin counters. The 50 cent coins retain the familiar dodecagonal shape and similar weight to the standard circulating 50c. However, many of the reverse designs are commemorative and may be hoarded or kept by collectors, reducing their presence in circulation. The precious metal coins (items 2, 14-16, 18-20) are not intended to circulate and would be impractical for that use , their metal value far exceeds face value, so anyone using them to pay a $30 debt would be forfeiting hundreds of dollars in silver value. Those coins will be sold at a premium by the Mint and will pass into private collections or investment holdings.

The general public is affected only to the extent they encounter these coins in change or choose to purchase them. No new obligations are imposed on individuals. The determination does not affect the legal tender status of any existing coins. Nor does it require any private party to perform any action.

Government accounting is indirectly affected: the Mint’s seigniorage (the profit from issuing coins where face value exceeds production cost) is determined by the specifications. For base metal coins, the metal cost is low relative to face value; for precious metal coins, the face value is far below the metal cost, so the Mint actually incurs a loss on the coin’s metal content per se, but recovers it through the premium charged to collectors. The determination allows the Mint to legally create these loss-making face-value coins as part of a broader revenue strategy.

The instrument itself creates no duties or rights for private parties. It is a specification tool that operates by deeming certain coin descriptions to be part of the Currency Act’s Schedule. The legal duties and rights arise from the Currency Act and from general law. For completeness, the key relevant provisions are:

Duty of the Mint: Under the Currency Act, the Royal Australian Mint has the authority to mint coins. This determination specifies the physical parameters the Mint must adhere to when striking these particular coin types. If the Mint produces a coin that does not conform to the specifications (e.g. weight outside the allowable variation, composition not meeting the stated standard), that coin may not be legal tender, and the Mint may be in breach of its statutory authority. However, the determination does not impose a penalty for non-conformance; rather, any non-conforming coin would simply not be a coin authorised by this determination, and its legal tender status would be questionable under the general law.

Right of holders: A person who lawfully possesses one of these coins has the right to use it as legal tender up to the amount of its face value, but subject to the limits in section 16 of the Currency Act. For 50 cent coins, legal tender is limited to $5 in any one transaction; for $1 and $2 coins, there is no limit for transactions up to the coin’s denomination (but the Act itself limits small silver coins; the determination does not change that). For $10 and $30 coins, the legal tender limit for coins of denominations above $5 is not restricted by the Currency Act (section 16 only restricts coins of 5c, 10c, 20c, 50c to $5, and $1 coins and above are unrestricted for payment of any amount). So in theory a $30 coin could be used to discharge a $30 debt, but no one would do so because the metal value is far higher.

No duty to accept: Private businesses are not obliged to accept any form of legal tender if they have not agreed to do so. The Currency Act defines what constitutes legal tender, but it does not compel anyone to accept a particular coin in a transaction. A shop can refuse a $30 silver coin even if offered for a $30 purchase. This is a matter of contract.

Rights of the Commonwealth: The Commonwealth, through the Mint, has the right to produce and sell these coins. The design descriptions (e.g. the Mabo tribute, the WWI commemorations, the Possum Magic characters) imply that copyright or trade mark issues have been resolved. The instrument does not grant rights; the Mint presumably holds or has licensed the necessary intellectual property.

Design rights: The obverse designs include the initials “IRB” (for Ian Rank-Broadley, the sculptor). The reverse designs are described in detail, and some include the designer’s initials “EJL” (reverse R3). Those designers likely retain moral rights, but the instrument does not address this.

The determination itself contains no penalty provisions. Enforcement of coin specifications is achieved indirectly through the Currency Act and criminal law. Under section 16A of the Currency Act, a person must not, without authority, make a coin that is, or is intended to pass as, a coin to which the Act applies. The determination defines what those authorised coins are; making a coin that deviates from these specifications and passing it as a genuine coin would potentially fall under counterfeiting offences in the Criminal Code (Part 10.1). The maximum penalties for counterfeiting coins include imprisonment for up to 10 years (section 413.3 of the Criminal Code).

For the Mint itself, the mechanism for enforcement is administrative and political rather than penal. If the Mint produced a coin that fell outside the specifications, the coin would not be authorised, and the Minister or the Treasurer could direct corrective action. However, there is no criminal liability for the Mint under the determination. The Minister’s power to make the determination under section 13A of the Currency Act includes the power to vary or revoke it, so any persistent non-compliance could lead to the Minister issuing a new determination to close a loophole.

Quality assurance: The Mint has internal quality control processes. For precious metal coins, the Royal Australian Mint typically issues certificates of authenticity certifying purity and weight. Those certificates are not required by this instrument, but they are a commercial practice that helps enforce the specification in the private market. A collector who discovers a coin that is underweight could have recourse under Australian Consumer Law for misleading conduct, but that is outside this determination.

No regulator: There is no specific regulator for coin specifications. The Mint is an agency within the Treasury portfolio. Disputes about compliance would be resolved by the Mint’s own procedures or, ultimately, by the Minister.

Weight tolerances and enforcement: The one-tailed tolerances for precious metal coins (only overweight allowed) are interesting from an enforcement perspective. A coin that is overweight by more than the stated tolerance (e.g. a $1 silver coin of 31.103 g + 3.00 g means maximum 34.103 g; anything above is non-compliant) would be invalid. Similarly, a coin that is underweight for a base metal coin (e.g. below 14.59 g for the 50c copper-nickel) would not meet the specification. The Mint’s production would need to stay within bands for 50c coins and above the minimum for precious metal coins. The asymmetric tolerance for precious metals effectively sets a minimum but no maximum (within a reasonable range), which suggests that enforcement focuses on preventing underweight coins (which would defraud the buyer of metal value) rather than overweight coins (which only cost the Mint extra metal). This is a rational design incentive.

The determination is made under the Currency Act 1965, and its interaction with that Act is the primary legal relationship. Section 5(2) deems the Schedule to the Currency Act to be amended as if the new specifications were inserted. That means, for the purposes of the Currency Act, these coins are treated as if they were listed in the original Act. Offences under the Currency Act concerning counterfeiting, possession of counterfeit coins, and unlawful melting of coins apply to these coins just as they apply to any other authorised coin.

The Criminal Code (Cth) overlaps: Part 10.1 deals with forgery and counterfeiting. A person who makes a coin that resembles one of these authorised coins but does not meet the specifications (e.g. lower silver content) could be charged with counterfeiting. The determination’s detailed descriptions (e.g. “cartoon representation of a possum, the Hush character from the book ‘Possum Magic’, wherein the possum is transparent and is handing by its tail from a gum tree branch”) would make it easier to prove that a counterfeit did not match the authorised design , though proving a negative is more difficult in practice.

The Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) may apply to the Mint’s sale of these coins as goods. If the Mint sold a coin described as “at least 99.9% silver” but it turned out to be 99.5% silver, that could be a false representation under section 18 (misleading or deceptive conduct). The determination provides the legal specification, but it does not immunise the Mint from consumer claims if the actual coin does not meet the specification. Collectors buying from secondary markets similarly rely on the specification as a representation of the coin’s composition.

Tax law: For goods and services tax (GST) purposes, coins that are legal tender are generally GST-free if they are supplied as legal tender at face value. However, the Mint sells these coins at a premium above face value. The GST treatment of the premium portion is governed by A New Tax System (Goods and Services Tax) Act 1999. The determination does not address tax, but the specifications influence valuation: a $30 coin with 1 kg of silver is clearly not supplied as current coin at face value, so the full supply price (excluding face value) is subject to GST.

Collectibles and investment: These coins are likely to be regulated as investment products if sold as such. The corporations legislation (Corporations Act 2001) may apply if the Mint offers coins as managed investment schemes or if coins are promoted as investments. The determination does not interact directly with that law, but the specifications (purity, weight) are key information for investors.

Minting authority: The determination does not affect the Reserve Bank Act 1959 or the role of the Reserve Bank in currency policy. The Royal Australian Mint is an executive agency under the Treasury, not the Reserve Bank. The coin specifications do not affect monetary policy.

State laws: State laws may treat these coins as excisable goods? No, coins issued by the Commonwealth are generally not subject to state duties. The determination does not change that.

This instrument is titled “Currency (Royal Australian Mint) Determination (No. 2) 2017”. The “No. 2” implies that there was at least one earlier determination in 2017 (likely a No. 1), and there may have been determinations in earlier years. However, the instrument text itself provides no express reference to any predecessor or amendment. Sections 5(3) and 6(4) state that the determination does not affect any other provision of a determination made for the purposes of the same paragraphs of the Currency Act. This means that earlier determinations under sections 13(2)(b) and 13A(1) remain in force for their respective coin types. This instrument adds new coin specifications to the existing pool.

The determination is a legislative instrument registered on the Federal Register of Legislation. It has likely not been amended since commencement. Commencement is the day after registration (section 2). No amending instruments appear in the text provided. The determination would cease to have effect if it were revoked by a later determination or if the Minister revoked the underlying legislative power. However, the Currency Act provisions under which it was made (paragraph 13(2)(b) and subsection 13A(1)) have not been repealed, so the instrument remains current.

The determination represents a snapshot of coin specifications authorised as of April 2017. It does not repeal any previous specification. For example, the standard circulating 50 cent coin (dodecagonal, copper-nickel, 15.55 g, plain edge) was already specified in earlier determinations; this instrument adds new 50 cent coins with the same physical parameters but different reverse designs (R1, R2, R3, R11, R12). So the Mint now has multiple authorised reverse designs for the 50 cent denomination.

The determination also includes coins with denominations not previously common in Australian coinage: a $10 gold coin and a $30 silver coin. These are not new to Australian coinage (the Mint has issued such before), but this determination authorises specific productions.

No transitional or savings provisions are present. The instrument simply applies from commencement.

Given that the instrument is from 2017, and considering typical Mint practice, it is likely that many of these coins have been issued, sold, and are now out of production. The Year of the Dog design for 2018 confirms that this instrument was prepared in advance of the 2018 lunar series release.

There is no litigation directly concerning this determination identified in the instrument. The text does not reference any cases. In general, challenges to coin specifications under the Currency Act are extremely rare. The Act’s provisions are administrative and technical; disputes about the validity of a coin are unlikely to reach court except in a criminal counterfeiting prosecution, where the question of whether a coin is authorised might arise. In such a case, the court would rely on the determination as definitive of the authorised coin’s characteristics.

One could imagine a civil case where a collector alleges that a coin purchased from the Mint did not conform to the specifications (e.g. weight outside tolerance or incorrect design). However, that would be a breach of contract or consumer law claim, not a challenge to the determination itself. The determination would be used as evidence of what the Mint represented the coin to be.

Another theoretical scenario: a person is charged with counterfeiting a coin that appears to be one of these designs. The defence might argue that the Mint’s own coins do not match the specification (e.g. the design varies slightly). That would be an attack on the Mint’s compliance, not on the determination. The court would likely defer to the Minister’s specification and treat any deviation by the Mint as immaterial to the counterfeiting charge (the counterfeit coin is still an unauthorised copy).

No case law is reported.

This lack of litigation suggests the determination operates smoothly. The Mint has strong incentives to comply because non-compliance would damage its reputation and could lead to scandal. The specifications are detailed enough to prevent ambiguity.

There is no judicial review case listed. The determination is a legislative instrument that could theoretically be challenged on administrative law grounds (e.g. if the Minister exceeded the power under the Currency Act, if the determination was not made in accordance with procedural requirements, or if it was irrational). However, no such challenge has been brought. The Minister’s discretion under section 13A is broad: the Minister may determine the denominations, standards, designs and dimensions of coins. Courts are unlikely to intervene in such a technical matter.

Several provisions in this determination could trip up the unwary practitioner, collector or compliance officer.

1. Asymmetric weight tolerances: For precious metal coins, the allowable variation is stated as a positive only (e.g. “1000 + 9.50” for the $30 silver coin). This means the coin must weigh at least 1000 g and at most 1009.50 g. A coin weighing 999 g is not authorised. However, the table also states “Standard weight” as the base number followed by a plus. The wording in section 6(2) says “the standard weight, the allowable variation from that standard weight”. The allowable variation is shown as “+9.50”. The absence of a negative tolerance is unusual. For a collector weighing a coin and finding it 999.5 g, that coin would technically not be authorised as a $30 coin under this determination. Whether the Mint would accept a return is a commercial question, but the legal position is that the coin might not be legal tender. For base metal coins, both positive and negative tolerances apply, so a 50c coin weighing 14.5 g is within the ±0.96 g range.

2. Maximum dimensions only: The table specifies “Maximum diameter or other dimension (mm)” and “Maximum thickness (mm)”. No minimum is given. This means a coin could be slightly smaller in diameter or thinner than the stated maximum and still comply. That could cause problems in automated handling: a coin that is too thin may be rejected by vending machines. But because only a maximum is set, the Mint can produce coins that are smaller, as long as they do not exceed the stated dimension. This is a gap in the specification that could affect usability.

3. Denomination not on obverse for most coins: The O1 obverse design does not include the coin’s denomination. For a $2 coin (items 5-7) the denomination appears only on the reverse (R4-R6, which include “TWO DOLLARS”). For a $1 coin with O1 (items 8-11, 17), the denomination is only on the reverse. This means the obverse side alone does not identify the coin’s value. While not legally problematic, it could cause confusion in circulation. The O2 obverse includes the denomination, but only on items 14 and 17? Actually item 14 ($1 silver) and item 17 ($1 base metal) use O2, which adds the denomination in numerals. So some $1 coins have O2 (with value) and others have O1 (without). A person relying on the obverse might misidentify the coin.

4. Commemorative reverse designs are highly detailed: The descriptions in Part 2 are extremely specific. For example, reverse R1 includes “the Torres Strait Islander flag superimposed on an ornate ribbon” and “the Australian Aboriginal flag superimposed on an ornate ribbon”. Any deviation from this description (e.g. a different ribbon pattern) would mean the coin does not match the specification. The Mint must adhere exactly. For a collector purchasing a coin, the design must match the description; if it does not, the coin may not be authorised. However, the Mint sometimes issues “proof” or “uncirculated” versions with slight finish differences; those are likely still within the design description because the description focuses on elements rather than finish quality. The detailed text may also lead to challenges if the Mint makes a minor error (e.g. the number of birds in reverse R2: “7 birds in flight”; if only 6 appear, the coin is non-conforming).

5. Colouring on reverse R11: The table notes “a coloured cartoon representation” for item 18 (reverse R11). The colour specification is part of the legal design. If the colour fades or is incorrect, the coin may be non-conforming. This imposes a durability requirement on the Mint that is not explicitly stated.

6. Multiple reverse designs for same denomination: The 50 cent denomination has six different reverse designs (R1, R2, R3, R11, R12, and also item 2 is a silver 50c with R1). The $1 denomination has eight reverse designs (R7-R10, R13, R15, R17, and item 17 has R13 included twice? Actually item 17 is $1 with R13 (Year of the Dog) and item 17 is base metal, while item 14 is silver $1 with R13 as well. So R13 appears twice. This multiplicity means that a stack of 50c coins could contain coins with different designs, all being legal. That is not a gotcha per se, but it means that a coin’s design alone does not determine its legal status; only the combination of denomination, composition, weight and design does.

7. The $30 coin’s shape and edge: Item 15 ($30 silver) is circular, with continuously milled edge. Its maximum diameter is 100.90 mm and thickness 14.50 mm. This is a very large coin (about the size of a small plate). It will not fit in standard coin rolls or wallets. For legal tender purposes, it is cumbersome.

8. Year on obverse: The obverse design includes “the inscription, in Arabic numerals, of a year”. The determination does not specify which year, so the Mint can use the year of striking. This means the year on the coin may not be 2017; it could be 2018 for the Year of the Dog coins (which include “2018” on the reverse anyway). So the obverse year could differ from the reverse year.

9. The determination does not specify the number of coins to be issued. It is purely a specification; the Mint has discretion over mintage numbers. This means the same specification could be used for very large or very small mintage, with implications for scarcity and collector value.

10. Interaction with earlier determinations: The terms “does not affect any other provision of a determination” mean that a coin that meets the specifications of both this determination and an earlier determination might be covered by both. In practice, this is unlikely because specifications are unique, but if a later determination repeats an earlier specification, there could be redundancy. The savings provision prevents repeal by implication.

Compliance with this determination is primarily an obligation of the Royal Australian Mint. For private parties, the main compliance issue is to correctly identify coins as legal tender and to know their physical characteristics for acceptance or for collection purposes.

For the Royal Australian Mint: The Mint must ensure that each coin produced under this determination meets the exact specifications in Part 1 of Schedule 1. This involves:

• Metal sourcing: For base metal coins (copper-nickel, copper-aluminium-nickel), the Mint must procure alloys that yield the specified standard composition. For precious metal coins, the Mint must use silver or gold that is at least 99.9% (or 99.99% for item 18) pure. Assay certificates should be maintained.
• Weight control: The Mint must strike blanks that, after striking, fall within the allowable weight variation. For base metal coins with ± tolerance, the production process must keep the weight within the band. For precious metal coins with only + tolerance, the Mint must ensure no coin falls below the standard weight, but coins can be slightly heavier within the stated plus tolerance. This requires careful control of blank weight and striking pressure.
• Dimension control: The maximum diameter and maximum thickness must not be exceeded. Coins that are too large or too thick would be non-compliant. The Mint should set tooling to produce coins slightly below the maximum to avoid rejects. Minimum dimensions are not given, so coins can be smaller, but that could affect handling.
• Design fidelity: The obverse and reverse designs must exactly match the descriptions in Part 2. For the highly specific designs (e.g. the number of items, the text, the flags, the characters), the Mint should have detailed artwork approved and must ensure the dies reproduce every element. For coloured coins (item 18), the colour application must be consistent and durable. Any deviation (e.g. a missing cloud or an additional star) would make the coin non-compliant. The Mint should maintain design masters and inspect production coins against the description.
• Record keeping: The Mint should keep records of metal batch assays, weight and dimension checks, and design proofs. While the determination does not require this, it is necessary to demonstrate compliance if challenged.

For businesses and individuals: No active compliance is required because the determination does not impose duties. However, those who handle cash should be aware of the specifications. If a business receives a $10 gold coin (item 18) for a small purchase, it is legal tender for $10, but the business should check if the coin appears genuine. The specifications provide a reference: e.g. a $10 gold coin should be 3.11 g ± 0.09 g (but + only? Actually item 18 had +0.09, so minimum 3.11 g, maximum 3.20 g; no negative). A counterfeit may be underweight or have incorrect design.

For collectors: Compliance means verifying that a purchased coin matches the determination. This is especially important for precious metal coins where weight and purity affect value. A collector should weigh the coin and compare to the standard weight and allowable variation. For a coin that is underweight for a precious metal item, the collector could claim the coin is not authorised and seek remedies under consumer law. For design, the collector should check the reverse description. For example, if a $2 coin purporting to be item 6 (reverse R5) has a possum holding a sandwich but the description says “partially exposed brain”? No, the description says “partially transparent and is holding a partially eaten sandwich”. If the sandwich is uncut, the coin might not match. Careful reading of the description is needed.

For legal practitioners: When advising on legal tender or counterfeiting, the practitioner should refer to this determination to determine if a particular coin is authorised. The FRL registration number should be cited. The practitioner should also be aware that the determination does not consolidate all authorised coin specifications; earlier determinations may cover coins not listed here.

Best practices: The Mint should publish a clear guide to coin specifications, including the determination and any errata. Businesses that deploy coin-operated machines should ensure their machines are configured for the dimensions and weight of these coins. Given that many of these coins are commemorative and may not circulate widely, the risk is low. However, the $1 and $2 base metal coins (items 5-11, 17) are likely to enter circulation, so machine operators should test them. The dodecagonal 50c coins are unchanged from the standard.

No sunset clause: The determination does not include a sunset date. It will remain in force until revoked. Coins can be struck under this specification at any time. However, the Mint typically issues coins for a limited period; once the Mint’s annual coin program moves on, no further coins are struck, but the specification remains legally available.

Amendment compliance: If a later determination amends the specifications, the Mint must stop producing coins under the old specification (unless transitional provisions allow). As of the date of this deep dive, no amendment has been identified. Compliance with the current version is all that is required.