Counterfeit Money

The offence of ‘making counterfeit money or counterfeit securities’ falls under section 6 of the Crimes (Currency) Act 1981, and forbids a person from making, or beginning to make, counterfeit money or a counterfeit prescribed security.  The penalty for a person who is not a body corporate making counterfeit money is a term of imprisonment for 14 years, or for a body corporate a penalty of 750 penalty units (equivalent in 2017 to $82,500).

The offence of ‘possessing counterfeit money or counterfeit securities’ contrary to section 9 of the Crimes (Currency) Act 1981 forbids a person having in his or her possession counterfeit money knowing it to be counterfeited. It is a defence where the person having learned that it was counterfeit money, has not had a reasonable opportunity to surrender the money to the police. It is also a defence where the person had a ‘reasonable excuse’ for possessing the money. The defendant will bear the evidentiary burden of establishing this ‘reasonable excuse’.

It is also an offence to ‘utter counterfeit money or counterfeit securities’, pursuant to section 7 of the Crimes (Currency) Act 1981. The maximum term of imprisonment for a person is 12 years, or $66,000. ‘Uttering’ refers to the use or passing of a forged or fraudulent thing, in this case counterfeit money.

The complex structure of Australian currency makes it incredibly difficult to replicate, and NSW police are adept at identifying counterfeit money even without having to test the notes.

Conspiracy Offences

The crime of conspiracy essentially involves an agreement between two or more people to do an unlawful act or to do a lawful act by unlawful means. Some statutory conspiracy’s exist, for example conspiracy to murder falls under section 26 of the Crimes Act 1900, and carries a maximum term of imprisonment of 25 years. Under the Drug Misuse and Trafficking Act sections 26 and 28 relate to conspiracy.

Under the common law (case law), conspiracy stems from two elements: 1) that there was an agreement to do an unlawful act or to use unlawful means; and 2) the defendant was party to the agreement. The act that constitutes a conspiracy is the ‘agreement’. This can be an express agreement (direct or verbal) or implied (insinuated from the facts and context). 

Money Laundering 

A charge of money laundering contrary to section 193B of the Crimes Act 1900 involves a person who deals with proceeds of crime, knowing that it is the proceeds of crime, and intending to conceal that it is the proceeds of crime. The maximum term of imprisonment for this charge is 20 years. It is also an offence to deal with the proceeds of crime knowing it is the proceeds of crime, without any element of concealment. This carries a maximum term of imprisonment of 15 years. Even where the offender may not have been sure of the origins of the money, if the court finds that they have been reckless in their judgment of this they will still be guilty of an offence.