Cash makes the world go spherical, so it’s no shock that some people are tempted to go off ‘counterfeit’ (pretend) paper cash, cash or securities for their very own profit.
In lots of circumstances, passing off counterfeit cash as actual would quantity to the offence of common fraud below part 192E of the crimes Act 1900 (NSW).
Nevertheless, there are additionally various particular offences associated to counterfeit cash below the Crimes (Forex) Act 1981 (Cth), which applies all through Australia.
Right here’s what you might want to know.
What’s counterfeit cash?
Counterfeit cash is outlined below the Crimes (Forex) Act (‘the Act’) as:
- any article, not being a real coin or real paper cash, that resembles, or is seemingly meant to resemble, or go 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 cloth respect and in such a way as to hide, or to be apparently meant to hide, the alteration.
This definition contains any such article “whether or not it’s or just isn’t in a match state to be uttered and whether or not the method of manufacture or alteration is or just isn’t full”.
A associated idea of a “counterfeit prescribed safety” additionally applies below 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 meant to resemble, or go for, a prescribed safety; or
- any article, being a prescribed safety, that has been altered in a cloth respect and in such a way as to hide, or to be apparently meant to hide, the alteration;
This contains any such article whether or not it’s or just isn’t in a match state to be uttered and whether or not the method of manufacture or alteration is or just isn’t 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 fee 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 meant to resemble, or go for, an excepted coin; or
- any article, being an excepted coin, that has been altered in a cloth respect and in such method as to hide, or to be apparently meant to hide, the alteration.
This contains 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 just isn’t full.
The offence of knowingly possessing counterfeit cash
Underneath 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 individual 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 individual) or a fantastic of $156,500 for a physique company.
Statutory defence of cheap excuse
This offence doesn’t apply if an individual as a “cheap excuse” for his or her conduct.
An affordable 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 realized 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 pressure of a State or Territory or to some other individual prescribed for the needs of this part.
The offence of creating counterfeit cash
Underneath part 6 of the Act, it’s an offence for an individual to make or start to earn cash or a counterfeit prescribed safety.
The utmost penalty for this offence is imprisonment for 14 years (if a pure individual) or a fantastic of $234,750 for a physique company.
The offence of uttering counterfeit cash
The offence of ‘uttering’ counterfeit cash or counterfeit securities below 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 individual) or a fantastic of $187,800 for a physique company.
Offences for purchasing or promoting counterfeit cash
Underneath part 8 of the Act, it’s an offence to
- purchase, promote, obtain or eliminate, or supply 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 supply to purchase, promote, procure or eliminate, an excepted counterfeit coin.
The utmost penalty for this offence is imprisonment for 12 years (if a pure individual) or a fantastic of $187,800 for a physique company.
This offence doesn’t apply if an individual as a “cheap excuse”.
Normal authorized defences
Along with statutory defences, various common authorized defences might also apply to those costs together with duress and sudden or extraordinary emergency..
Within the occasion you’ll be able to elevate 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 might be entitled to an acquittal if the prosecution is unable to do that.
Going to court for a counterfeit cash offence?
When you’ve got been charged with a counterfeit cash offence, name Sydney Criminal lawyers anytime on 9261 8881 to rearrange a free first convention throughout which one among our skilled legal defence lawyers will advise you of your choices and one of the best ways ahead, and combat for the optimum final result.
