REPRESENTATIONS/REPRODUCTIONS OF AUSTRALIAN NOTES AND DELIBERATE MUTILATION

Section 19 of the Crimes (Currency) Act 1981 ("the Act") prohibits the designing, making, printing or distributing of representations of notes capable of misleading people to believe they are genuine notes, unless consent has been given by either the Reserve Bank or Treasury. As a general rule, such consent is not given on the grounds that representations that are capable of misleading should not be made. The legislation covers representations of all Australian notes, both present and past, as well as representations of foreign paper money and certain government and similar securities. The relevant extract from the Act is set out below.

Consent is not required for a representation that is not capable of misleading. However, the legislation places an obligation on those wanting to make the representation to ensure that it is not capable of misleading the public into believing it is a genuine note. It follows that, if representations are made, there may be risks for those involved. Unauthorised representations that mislead, or are considered capable of misleading, could be expected to bring severe penalties under the counterfeiting provisions of the Act. Voucher-style representations are of particular concern because sometimes they are produced very inappropriately in a format that is too close to the size of a real note and of a similar colour. The Reserve Bank will not give a view on whether a particular representation is likely or unlikely to mislead.

Whilst those wanting to make a representation may take the view that the final product does not contravene the Act, consideration should also be given to risks that can arise from items created during the process by which the final product will be achieved. Those making representations should ensure that items such as photocopies, photographic negatives and positives, and scanned images stored on optical disks, graphics files or other equipment are stored securely and not misused. There might be scope for these to be used to make further representations not connected with the intended final product. The Bank strongly recommends the destruction of all such items after final use.

Persons making reproductions of note designs should also be aware of the Copyright Amendment (Moral Rights) Act, which came into effect from 21 December 2000. This Act recognises certain rights of the designer, including the right not to have work altered in a prejudicial way, known as "right of integrity". This "right of integrity" is a right not to have the note subjected to derogatory treatment. Derogatory treatment would include doing anything that is prejudicial to the author's honour or reputation.

Section 16 of the Act also prohibits the deliberate defacing or destroying of Australian coin or notes unless consent has been given by either the Reserve Bank or Treasury. As a general rule, such consent is not given on the grounds that notes or coin should not be destroyed or defaced. The legislation covers all Australian notes, both present and past. See the relevant extract from the Act below.

Subject to Sections 16 and 19 of the Crimes (Currency) Act 1981, the Bank will generally not raise objections to the use of note reproductions in advertising or other material. Exceptions include reproductions relating to products that the public might perceive to be similar in nature to notes, eg credit/debit/phone/smart cards, etc.

If you are unsure of your position on any of the issues referred to above or on the correct interpretation of relevant legislation, we recommend you obtain legal advice.

Extract from Crimes (Currency) Act 1981

Defacing or destroying current coins or current paper money

16.	A person shall not, without the consent, in writing, of an authorised person, wilfully deface, disfigure, mutilate or destroy any coin or paper money that is lawfully current in Australia.
Penalty:
	(a)	in the case of a person, not being a body corporate - $5,000 or imprisonment for 2 years, or both; or
	(b)	in the case of a person, being a body corporate - $10,000.

Persons not to design, make, print or distribute material of certain kinds

19.(1)	A person shall not, without the consent, in writing, of an authorised person, design, make, print or distribute:
	(a)	a business or professional card, notice, placard, circular, hand-bill, poster or other material that so resembles current paper money or an Australian prescribed security as to be capable of misleading a person into believing it is that current paper money or that Australian prescribed security; or
	(b)	a newspaper, journal, magazine, notice, placard, circular, hand-bill, poster, business or professional card or other material that includes a representation of current paper money or an Australian prescribed security that is, when detached from the newspaper, journal, magazine, notice, placard, circular, hand-bill, poster, business or professional card or other material in which it is included, capable of misleading a person into believing that it is that current paper money or that Australian prescribed security.
Penalty:
	(a)	in the case of a person, not being a body corporate - $5,000 or imprisonment for 2 years, or both; or
	(b)	in the case of a person, being a body corporate - $10,000.
(2)	Where an authorised person gives a consent for the purposes of sub-section (1), he may give that consent either unconditionally or subject to such conditions as he thinks appropriate.
(3)	In this section, "Australian prescribed security" does not include a prescribed security, being a bond, debenture, stock, stock certificate, treasury bill or other like security, or a coupon, warrant or document for the payment of money in respect of such a security, issued by, or with the authority of, the government of a country other than Australia.

Import and export of certain material forbidden

20.	A person shall not, without the consent, in writing, of an authorised person, import into Australia or export from Australia:
	(a)	any business or professional card, notice, placard, circular, hand-bill, poster or other material of the kind referred to in paragraph 19(1)(a); or
	(b)	any newspaper, journal, magazine, notice, placard, circular, hand-bill, poster, business or professional card or other material of the kind referred to in paragraph 19(1)(b).
Penalty:
	(a)	in the case of a person, not being a body corporate - $5,000 or imprisonment for 2 years, or both; or
	(b)	in the case of a person, being a body corporate - $10,000."

Note: "Paper money" means money comprising a note written, printed or otherwise made on paper or any other material.

Paper money shall be taken to be 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.

All Australian notes, of both present and all past issues, are lawfully current in Australia.