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CRIMES (CURRENCY) ACT 1981 - SECT 27

Evidence of examiners of counterfeit foreign money or counterfeit foreign securities

             (1)  The Treasurer may, by instrument in writing, appoint appropriately qualified persons to be examiners of counterfeit foreign coin for the purposes of this Act.

             (2)  The Treasurer may, by instrument in writing, appoint appropriately qualified persons to be examiners of counterfeit foreign paper money for the purposes of this Act.

             (3)  The Treasurer may, by instrument in writing, appoint appropriately qualified persons to be examiners of counterfeit foreign prescribed securities for the purposes of this Act.

             (4)  Subject to subsection (6), a certificate of:

                     (a)  an examiner of counterfeit foreign coin appointed under subsection (1);

                     (b)  an examiner of counterfeit foreign paper money appointed under subsection (2); or

                     (c)  an examiner of counterfeit foreign prescribed securities appointed under subsection (3);

stating that he or she has examined an article described in the certificate and stating the result of his or her examination is admissible in evidence in a proceeding for an offence against a provision of this Act and is prima facie evidence of the facts or matters stated in the certificate and of the correctness of the result of the examination.

             (5)  For the purpose of this section, a document purporting to be a certificate referred to in subsection (4) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

             (6)  A certificate shall not be received in evidence in pursuance of subsection (4) in a proceeding for an offence unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceeding.

             (7)  Where, in pursuance of subsection (4), a certificate of an examiner of counterfeit foreign coin, an examiner of counterfeit foreign paper money or an examiner of counterfeit foreign prescribed securities is admitted in evidence in a proceeding for an offence, the person charged with the offence may require the examiner to be called as a witness for the prosecution and the examiner may be cross-examined as if he or she had given evidence of the matters stated in the certificate.

             (8)  In this section:

"counterfeit foreign coin" means counterfeit foreign money consisting of coin.

"counterfeit foreign paper money" means counterfeit foreign money consisting of paper money.

             (9)  A reference in subsection (8) to counterfeit foreign money shall be read as a reference to an article that would be counterfeit money if the reference in subsection 3(3) to any country were to be read as a reference to a country other than Australia.

           (10)  A reference in this section to counterfeit foreign prescribed securities shall be read as a reference to articles that would be counterfeit prescribed securities if the references in the definition of prescribed security in subsection 3(1) to the Commonwealth of Australia and the reference in that definition to an authority of the Commonwealth of Australia were disregarded.



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