Disposal of Forfeited Articles Direction 20121
Crimes (Currency) Act 1981
I, Bernie Ripoll, Parliamentary Secretary to the Treasurer, acting for and on behalf of the Treasurer, make the following direction under subsection 29 (7) of the Crimes (Currency) Act 1981.
Dated 21 December 2012
 
BERNIE RIPOLL
Parliamentary Secretary to the Treasurer
1              Name of direction
                This direction is the Disposal of Forfeited Articles Direction 2012.
2              Commencement
                This direction commences on the day after it is registered.
3              Revocation
                The Disposal of Forfeited Articles Direction 2009 is revoked.
4              Definitions
AFP means the Australian Federal Police.
forfeited article means counterfeit money, or a counterfeit prescribed security, that is condemned under:
                (a)    subsection 29 (5) of the Crimes (Currency) Act 1981; or
               (b)    subsection 9 (2) of the Crimes Act 1914 as applied by subsection 29 (6) of the Crimes (Currency) Act 1981.
5              Direction
         (1)   Subject to subsection (3), possession of a forfeited article may be taken by the person occupying, or performing the duties of, any of the following positions:
                (a)    Governor of the Reserve Bank of Australia;
               (b)    Senior Manager, Communication, Note Issue Department, Reserve Bank of Australia;
                (c)    Manager, Counterfeits and Research, Note Issue Department, Reserve Bank of Australia.
         (2)   The person may:
                (a)    destroy the forfeited article; or
               (b)    if the person is satisfied that the forfeited article is required by the AFP for a legitimate purpose—give the forfeited article to the Commissioner of the AFP; or
                (c)    if the person is satisfied that the forfeited article is required by the Royal Australian Mint for a legitimate purpose—give the forfeited article to the Chief Executive Officer of the Royal Australian Mint; or
               (d)    if the person is satisfied that the forfeited article is required by the Reserve Bank of Australia for a legitimate purpose—keep the forfeited article in the possession of the Bank.
Examples of legitimate purposes for paragraph (c)
1   To support internal staff training.
2   To enable the Royal Australian Mint to establish a database of examples of forfeited articles.
         (3)   If a forfeited article was in the possession of the AFP under the Disposal of Forfeited Articles Direction 2009 immediately before this Direction was given, the AFP may retain possession of the article.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.