Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Australia" includes the external Territories.
"Australian money" means a coin or paper money that is, by virtue of a law in force in Australia, lawfully current in Australia.
"authorized person" means the Treasurer or a person authorized, in writing, by the Treasurer for the purposes of the provision in which the expression occurs.
"Convention" means the International Convention for the Suppression of Counterfeiting Currency that was opened for signature at Geneva on 20 April 1929 and the protocol to that Convention, being the convention and protocol a copy of the English text of each of which is set out in the Schedule.
"counterfeit money" means:
(a) any article, not being a genuine coin or genuine paper money, that resembles, or is apparently intended to resemble, or pass for, a genuine coin or genuine paper money; or
(b) any article, being a genuine coin or genuine paper money, that has been altered in a material respect and in such a manner as to conceal, or to be apparently intended to conceal, the alteration;
and includes any such article whether it is or is not in a fit state to be uttered and whether the process of manufacture or alteration is or is not complete.
"counterfeit prescribed security" means:
(a) any article, not being a prescribed security, that resembles, or is apparently intended to resemble, or pass for, a prescribed security; or
(b) any article, being a prescribed security, that has been altered in a material respect and in such a manner as to conceal, or to be apparently intended to conceal, the alteration;
and includes any such article whether it is or is not in a fit state to be uttered and whether the process of manufacture or alteration is or is not complete.
"excepted counterfeit coin" means:
(a) any article, not being a genuine coin, that resembles, or is apparently intended to resemble, or pass for, an excepted coin; or
(b) any article, being an excepted coin, that has been altered in a material respect and in such manner as to conceal, or to be apparently intended to conceal, the alteration;
and includes any such article whether or not it is in a fit state to be uttered and whether the process of manufacture or alteration is or is not complete.
"excepted coin" means:
(a) a coin that was a current coin in Australia at any time before 14 February 1966; or
(b) a coin, other than a coin referred to in paragraph ( a), that has been a current coin in a country other than Australia (whether or not the country concerned is still in existence) but is no longer a current coin in any country.
"non-excepted counterfeit money" means counterfeit money other than an excepted counterfeit coin.
"paper money" means money comprising a note written, printed or otherwise made on paper or any other material.
"possession" includes custody.
"prescribed security" means any bond, debenture, stock, stock certificate, treasury bill or other like security, or any coupon, warrant or other document for the payment of money in respect of such a security, issued by the Commonwealth of Australia, by an authority of the Commonwealth of Australia or by, or with the authority of, the government of a country other than Australia.
(2) For the purposes of this Act, a coin or paper money shall be taken to be a current coin, or current paper money if it is lawfully current in Australia or in a country other than Australia by virtue of a law in force in Australia or in that country, as the case may be.
(3) For the purposes of this Act, a coin or paper money shall be taken to be a genuine coin or genuine paper money if it is, or has been, a current coin or current paper money in any country (whether or not the country concerned is still in existence).
(4) Without limiting the meaning of the expression " deface ", a coin or paper money shall be taken to have been defaced for the purposes of this Act if some or all of its surfaces are coated with any material.
(5) For the purposes of this Act, a reference in section 17 or 18 to the defacement, disfigurement or mutilation of a coin or paper money that is lawfully current in Australia shall be taken not to include a reference to the defacement, disfigurement or mutilation of a coin or paper money that is lawfully so current, being a defacement, disfigurement or mutilation that was authorized by the Commonwealth of Australia.
(6) Without limiting the meaning of " country ", a reference to a country shall, for the purposes of this Act, be read as including a reference to a place that is a territory, dependency or colony (however so described) of another country.
(7) Where a person, with intent to defraud, splits, cuts, tears or otherwise tampers with the paper or other material on which genuine paper money or a prescribed security is printed, written or made, in such a manner as to sever from the paper money or prescribed security any material part thereof:
(a) he or she shall be deemed, for all purposes of this Act, to have made counterfeit money or a counterfeit prescribed security, as the case requires; and
(b) the paper or other material from which a part has been severed and the part severed therefrom shall each be deemed, for all purposes of this Act, to be counterfeit money or a counterfeit prescribed security, as the case requires.
(8) For the purposes of this Act, the references in sections 6, 9 and 11 to counterfeit money shall be construed as including references to such articles as would be counterfeit money if each reference in the definition of counterfeit money in subsection ( 1) of this section to a genuine coin or genuine paper money included a reference to a coin or paper money that was made at a place where the production of genuine coins or genuine paper money is or was carried on but was not itself a genuine coin or genuine paper money:
(a) because it was made purely for experimental or design purposes and not for issue as a current coin or current paper money; or
(b) because, although it was made for issue as a current coin or as current paper money, it has not been so issued.