goldpelican said:Crimes (Currency) Act 1981 said:9 Possessing counterfeit money or counterfeit securities
(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 corporateimprisonment for 10 years; or
(b) in the case of a person, being a body corporate$50,000.
A member on the forum has been down this road before - the legislation is pretty clear on this, and advice from the AFP at the time was that the "reasonable excuse" exception could only be determined by a court - I.e. if you were caught with a fake for "comparative use", they would still charge you and let the courts work out if you would be allowed to keep it for the purported use. Hence the "evidential burden" bit.
Subsection 3 would apply to anyone buying a fake from eBay and then passing it off as real currency. $50k fine and 10 years of contemplation.
Did the authority nail the SS member for selling fakes buffalo rounds?