Document ID: chunk:federal_register_of_legislation:C2004A03232:body:0:p13
Version: federal_register_of_legislation:C2004A03232
Segment Type: other
Provision Reference: 
Character Range: 29645–32500

Australia (whether or not the country concerned is still in existence) but is no longer a current coin in any country;
    'non-excepted counterfeit money' means counterfeit money other than an excepted counterfeit coin;".

Section 8—
Before "counterfeit money", insert "non-excepted".

Section 8—
Before the penalty, insert the following sub-section:
    "(2) A person shall not, with intent to defraud—
    (a) buy, sell, receive or dispose of; or
    (b) offer to buy, sell, procure or dispose of,
an excepted counterfeit coin.".

Paragraph 9 (1) (a)—
After "counterfeit money" (first occurring), insert "(not being an excepted counterfeit coin)".

Sub-section 9 (1)—
Omit the penalty.

Section 9—
Add at the end the following sub-section and penalty:
"(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.

SCHEDULE 1—continued
    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.".

Sub-section 28 (1)—
Insert "non-excepted" before "counterfeit money" (first occurring).

Sub-section 28 (2)—
Insert "(not being an excepted counterfeit coin)" after "counterfeit coin".

Sub-section 29 (1)—
Omit "The following", substitute "Subject to section 29a, the following".

After section 29—
Insert the following section:

Excepted counterfeit coins not to be forfeited
"29a. A law of the Commonwealth or of a Territory (including such a law that is no longer in force) that makes or made provision for the forfeiture to the Commonwealth of counterfeit coins by reason that they are counterfeit coins does not apply, or shall be deemed not to have applied, as the case requires, in relation to excepted counterfeit coins made before the commencement of this section that—
    (a) have not been seized or condemned pursuant to that law before the commencement of this section; and
    (b) have not been used in connection with the commission of an offence against section 57 of the Crimes Act 1914 as in force any time before the commencement of this section.".
Defence Act 1903

Sub-sections 124 (2a) and (2b)—
Omit the sub-sections, substitute the following sub-sections:
"(2a) Subject to sub-section (2b), the power to make regulations by virtue of paragraph (1) (gc) includes the power to make regulations requiring a person appearing as a witness before a court of inquiry or a board of inquiry to answer a question notwithstanding that the answer to the question may tend to incriminate the person.
"(2b) Sub-section (2a) does not authorise the making of a regulation containing a requirement referred to in that sub-section where the answer to the question may tend to incriminate the person in respect of an offence with which the person has