Cash makes the world go spherical, so it’s no shock that some people are tempted to cross off ‘counterfeit’ (pretend) paper cash, cash or securities for their very own profit.
In lots of instances, passing off counterfeit cash as actual would quantity to the offence of common fraud underneath part 192E of the crimes Act 1900 (NSW).
Nevertheless, there are additionally quite a lot of particular offences associated to counterfeit cash underneath the Crimes (Forex) Act 1981 (Cth), which applies all through Australia.
Right here’s what it is advisable to know.
What’s counterfeit cash?
Counterfeit cash is outlined underneath the Crimes (Forex) Act (‘the Act’) as:
- any article, not being a real coin or real paper cash, that resembles, or is seemingly supposed to resemble, or cross for, a real coin or real paper cash; or
- any article, being a real coin or real paper cash, that has been altered in a fabric respect and in such a way as to hide, or to be apparently supposed to hide, the alteration.
This definition consists of any such article “whether or not it’s or is just not in a match state to be uttered and whether or not the method of manufacture or alteration is or is just not full”.
A associated idea of a “counterfeit prescribed safety” additionally applies underneath the Act. A “safety” is a fungible, negotiable monetary instrument that holds some kind of financial worth.
Examples embrace shares, bonds and debt agreements.
A “counterfeit prescribed safety” means:
- any article, not being a prescribed safety, that resembles, or is seemingly supposed to resemble, or cross for, a prescribed safety; or
- any article, being a prescribed safety, that has been altered in a fabric respect and in such a way as to hide, or to be apparently supposed to hide, the alteration;
This consists of any such article whether or not it’s or is just not in a match state to be uttered and whether or not the method of manufacture or alteration is or is just not full.
A “prescribed safety” means any bond, debenture, inventory, inventory certificates, treasury invoice or different like safety, or any coupon, warrant or different doc for the cost of cash in respect of such a safety, issued by the Commonwealth of Australia, by an authority of the Commonwealth of Australia or by, or with the authority of, the federal government of a rustic aside from Australia.
Lastly, an “excepted counterfeit coin” means:
- any article, not being a real coin, that resembles, or is seemingly supposed to resemble, or cross for, an excepted coin; or
- any article, being an excepted coin, that has been altered in a fabric respect and in such method as to hide, or to be apparently supposed to hide, the alteration.
This consists of any such article whether or not or not it’s in a match state to be uttered and whether or not the method of manufacture or alteration is or is just not full.
The offence of knowingly possessing counterfeit cash
Below part 9 of the Act, it’s an offence for an individual to:
- have in his or her possession counterfeit cash (not being an excepted counterfeit coin), figuring out it to be counterfeit cash; or
- have in his or her possession a counterfeit prescribed safety, figuring out it to be a counterfeit prescribed safety.
- with intent to defraud, have within the possession of the particular person an excepted counterfeit coin, figuring out it to be counterfeit cash.
The utmost penalty for this offence is imprisonment for 10 years (if a pure particular person) or a high-quality of $156,500 for a physique company.
Statutory defence of affordable excuse
This offence doesn’t apply if an individual as a “affordable excuse” for his or her conduct.
An inexpensive excuse requires the defendant to place ahead constructive proof that establishes to the satisfaction of the court:
- that she or he didn’t make the counterfeit cash or counterfeit prescribed safety; and
- that she or he didn’t, after the time when she or he first discovered that the counterfeit cash or counterfeit prescribed safety was counterfeit cash or a counterfeit prescribed safety or the time when she or he acquired the counterfeit cash or counterfeit prescribed safety, whichever was the later time, have an inexpensive alternative to give up it to a member of the Australian Federal Police or of the police power of a State or Territory or to another particular person prescribed for the needs of this part.
The offence of creating counterfeit cash
Below part 6 of the Act, it’s an offence for an individual to make or start to generate profits or a counterfeit prescribed safety.
The utmost penalty for this offence is imprisonment for 14 years (if a pure particular person) or a high-quality of $234,750 for a physique company.
The offence of uttering counterfeit cash
The offence of ‘uttering’ counterfeit cash or counterfeit securities underneath part 7 of the Act refers to knowingly passing off counterfeit cash or securities as real. It’s an offence to:
- utter counterfeit cash, figuring out it to be counterfeit cash; or
- utter a counterfeit prescribed safety, figuring out it to be a counterfeit prescribed safety.
The utmost penalty for this offence is imprisonment for 12 years (if a pure particular person) or a high-quality of $187,800 for a physique company.
Offences for purchasing or promoting counterfeit cash
Below part 8 of the Act, it’s an offence to
- purchase, promote, obtain or eliminate, or provide to purchase, promote, procure or eliminate, non-excepted counterfeit cash or a counterfeit prescribed safety.
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with intent to defraud purchase, promote, obtain or eliminate, or provide to purchase, promote, procure or eliminate, an excepted counterfeit coin.
The utmost penalty for this offence is imprisonment for 12 years (if a pure particular person) or a high-quality of $187,800 for a physique company.
This offence doesn’t apply if an individual as a “affordable excuse”.
Basic authorized defences
Along with statutory defences, quite a lot of common authorized defences may additionally apply to those costs together with duress and sudden or extraordinary emergency..
Within the occasion you’ll be able to increase proof of a authorized defence, the onus then shifts to the prosecution to show past an inexpensive doubt that the defence doesn’t apply within the circumstances.
You’re entitled to an acquittal if the prosecution is unable to do that.
Going to court for a counterfeit cash offence?
You probably have been charged with a counterfeit cash offence, name Sydney Criminal lawyers anytime on 9261 8881 to rearrange a free first convention throughout which one in all our skilled prison defence lawyers will advise you of your choices and the easiest way ahead, and struggle for the optimum end result.
