Disposal of Forfeited Articles Direction 2009

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Disposal of Forfeited Articles Direction 2009
Crimes (Currency) Act 1981
I, NICK SHERRY, Minister for Superannuation and Corporate Law, acting for and on behalf of the Treasurer, make this Direction under subsection 29 (7) of the Crimes (Currency) Act 1981.
Dated 18 March 2009
 
Nick Sherry
Minister for Superannuation and Corporate Law
  
  
1              Name of Direction
                This Direction is the Disposal of Forfeited Articles Direction 2009.
2              Definitions
                In this Direction:
AFP means the Australian Federal Police.
forfeited article means counterfeit money or a counterfeit prescribed security that is condemned as forfeited in accordance with:
                (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.
3              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 and Risk, 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 Mint to establish a database of examples of forfeited articles.
         (3)   If a forfeited article was in the possession of the AFP in accordance with the Disposal of Forfeited Articles Direction 2006 immediately before this Direction was given, the AFP may retain possession of the article.
4              Revocation
                The Disposal of Forfeited Articles Direction 2006 is revoked.
 

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