Commonwealth Consolidated Acts

CRIMES (CURRENCY) ACT 1981 - SECT 9

             (1)  A person shall not:

                     (a)  have in his or her possession counterfeit money (not being an excepted counterfeit coin), knowing it to be counterfeit money; or

                     (b)  have in his or her possession a counterfeit prescribed security, knowing it to be a counterfeit prescribed security.

          (1A)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

             (2)  It is a defence to a prosecution of a person for an offence against subsection (1) in relation to the possession of counterfeit money or a counterfeit prescribed security if the person charged establishes to the satisfaction of the court:

                     (a)  that he or she did not make the counterfeit money or counterfeit prescribed security; and

                     (b)  that he or she did not, after the time when he or she first learned that the counterfeit money or counterfeit prescribed security was counterfeit money or a counterfeit prescribed security or the time when he or she acquired the counterfeit money or counterfeit prescribed security, whichever was the later time, have a reasonable opportunity to surrender it to a member of the Australian Federal Police or of the police force of a State or Territory or to any other person prescribed for the purposes of this section.

             (3)  A person shall not, with intent to defraud, have in the possession of the person an excepted counterfeit coin, knowing it to be counterfeit money.

Penalty:

                     (a)  in the case of a person, not being a body corporate--imprisonment for 10 years; or

                     (b)  in the case of a person, being a body corporate--$50,000.