Omari Gates
If you come across counterfeit money in Australia, it is important to know your rights and responsibilities. According to the Reserve Bank of Australia (RBA), it is an offence to knowingly possess counterfeit banknotes. If you suspect that you have a counterfeit banknote, you should handle it as little as possible, store it in an envelope, and report it immediately to the State or Federal police. You are within your rights to refuse to accept a banknote if you suspect it is counterfeit. Under the Crimes (Currency) Act 1981, making, possessing instruments for making, or uttering counterfeit money is a serious offence with penalties including imprisonment and hefty fines.
| Characteristics | Values |
|---|---|
| What to do if you come across a counterfeit banknote | Handle the banknote as little as possible and store it in an envelope. Refuse to accept it if you can do so safely. |
| Note any relevant information, such as how it came into your possession. | |
| Where to report it | Report the matter to State or Federal police. |
| What happens to the counterfeit currency | It is held for 90 days and then destroyed by the RBA. |
| What happens if you knowingly possess or use counterfeit money | In NSW, this carries up to 10 years in jail. Under the Crimes (Currency) Act 1981, the maximum penalty is 12 years' imprisonment (for a person not being a body corporate) or 600 penalty units (for a person being a body corporate). |
| How to identify counterfeit money | The RBA provides a counterfeit detection guide. |
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What You'll Learn
How to identify counterfeit Australian banknotes
If you suspect that you have received a counterfeit Australian banknote, it is important to handle it as little as possible and store it in an envelope. You should also note any relevant information, such as how the banknote came into your possession. Here are some ways to identify whether an Australian banknote is counterfeit:
- Tear and crumple test: Most counterfeits in Australia are printed on paper, not plastic. This means they will tear easily and crumple differently compared to genuine banknotes.
- Clear window check: Look at the clear window in the banknote. In a genuine banknote, the window is continuous with the rest of the note and may appear slightly cloudy. Make sure the window doesn't look like it's been stuck or joined on.
- Feel and texture: Counterfeit banknotes often feel different from genuine ones. They may have a waxy or slippery texture, or they may feel thicker or thinner than usual.
- Watermarks and security features: Australian banknotes have various security features that are difficult for counterfeiters to replicate. Look for watermarks, microprinting, and other intricate details that may be challenging to copy.
If you believe you have a counterfeit note, you should report it to your local or Australian Federal Police by completing a 'Suspect Counterfeit Banknote Form'. You can also send the suspected counterfeit note along with the completed form via registered mail to the AFP address listed. Remember, you have the right to refuse to accept a banknote if you have concerns about its authenticity.
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What to do if you receive counterfeit money
If you receive counterfeit money, it is important to remain calm and take the following steps:
Firstly, handle the suspected counterfeit currency as little as possible to avoid adding your fingerprints to it. Place it in an envelope or another container to protect it from further damage. If you have security footage or other relevant information, such as how the currency came into your possession, make a note of it.
Secondly, report the matter to the State or Federal police as soon as possible. You can do this by taking the suspected counterfeit currency and any supporting evidence to your nearest police station. The police will take the currency for evidence and may ask you to provide a statement. It is an offence to knowingly possess counterfeit banknotes, so it is important to cooperate with the authorities.
If you are unsure whether a banknote is counterfeit, you can refuse to accept it, especially if refusing helps ensure your safety or that of others. You can also take the banknote to a bank, where staff can help determine its authenticity.
Finally, if you have been a victim of counterfeit money, you can seek legal advice from a qualified practitioner. While possessing counterfeit money is illegal, those who unknowingly possess it are often seen as conduits, as the money could have passed through many hands.
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The legal consequences of possessing counterfeit money
Possessing counterfeit money can result in severe legal consequences, including large fines and prison sentences. The specific penalties vary depending on the jurisdiction and the specifics of the case. In Australia, if you come across a banknote that you suspect is counterfeit, it is recommended to handle it as little as possible, store it in an envelope, and report it to the State or Federal police. The police will take the suspected counterfeit currency as evidence and investigate the matter. It is important to note that attempting to pass off counterfeit currency as genuine is typically considered a criminal offence in Australia, even if one is unaware of its counterfeit nature.
In the United States, counterfeiting currency is a federal crime under 18 USC § 471, which prohibits the possession of counterfeiting tools and the buying, selling, exchanging, transferring, receiving, or delivering of counterfeit currency. The federal prosecutor must prove beyond a reasonable doubt that the defendant possessed the counterfeit currency and intended to defraud or pass it off as genuine. The consequences of a conviction can be severe, with penalties including significant fines and federal prison time.
The defence for those accused of counterfeiting may argue that there was a lack of intent to defraud or that the quality of the counterfeit currency was too poor to meet the legal definition. The sentence for a counterfeiting conviction can also vary depending on the defendant's criminal history, the face value of the currency, and whether they possessed the necessary tools or technology.
It is important to consult with a lawyer immediately if one finds themselves under investigation for counterfeiting currency or related charges. Early intervention by an experienced criminal defence lawyer can significantly impact the outcome of the case.
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The legal consequences of making counterfeit money
In Australia, counterfeit money is defined in Section 3 of the Crimes (Currency) Act 1981. This includes any article that resembles or is intended to resemble or pass for genuine coin or paper money. It also includes any genuine coin or paper money that has been materially altered to conceal its alteration.
If an individual or business comes across a banknote they suspect is counterfeit, they can refuse to accept it and should handle it as little as possible. The matter should be reported to the State or Federal police, who will take the suspected counterfeit currency as evidence. It is important to note that counterfeits have no value, so there will be no reimbursement. However, if the currency is deemed genuine, it will be returned.
In New South Wales, using counterfeit money knowingly carries up to 10 years in jail under the Crimes Act 1900 (NSW). This offence is charged as obtaining a financial advantage or benefit by deception.
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How to report counterfeit money to the police
If you come across a banknote that you suspect is counterfeit, you should handle it as little as possible. Put it in an envelope or container and note any relevant information, such as how it came into your possession. It is within your rights to refuse to accept a banknote if you suspect it is counterfeit, as long as it is safe to do so.
You should then report the matter to the State or Federal police. In Australia, the Federal Police handle instances of counterfeit money circulation. You can contact the police by taking the suspected counterfeit money to the nearest police station and filing a report, or by calling or emailing the police. The police will take the suspected counterfeit money for evidence.
If you are reporting counterfeit money in Tasmania, you can contact the police or Crime Stoppers.
If you are a business, you can also report the matter to the Reserve Bank of Australia. The Reserve Bank assists the Australian Federal Police and other law enforcement agencies by educating the public and law enforcement agencies about how to identify counterfeits and what actions should be taken when counterfeits are identified.
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Frequently asked questions
If you suspect that you have received a counterfeit banknote, you should handle it as little as possible, storing it in an envelope. Note down any relevant information, such as how it came into your possession. You should then report the matter to the State or Federal police.
The police will take the counterfeit money for evidence. It will be held for 90 days and then destroyed.
According to the Crimes (Currency) Act 1981, it is an offence to knowingly possess counterfeit banknotes. The maximum penalty is 12 years' imprisonment for individuals who are not a body corporate, or 600 penalty units for those who are.
The Crimes (Currency) Act 1981 outlines that the maximum penalty for making counterfeit money is 14 years' imprisonment for individuals who are not a body corporate, or 750 penalty units for those who are.
