Criminal Justice (Theft and Fraud Offences) Act 2001

Interpretation (Part 5).

32

32.—(1) In this Part—

F10[‘currency note’ means a currency note lawfully issued or customarily used as money in the State or in any other state or a territorial unit within it and includes a currency note denominated in euro;]

F11[‘coin’ (other than in relation to a coin referred to in the definition of ‘designated’ and a coin to which subsection (2)(aa) applies) means a coin lawfully issued or customarily used as money in the State or in any other state or a territorial unit within it and includes a coin denominated in euro or in cent;]

F11[ ‘counterfeiting instrument’ includes any instrument, article, computer programme or data, and any other means specially designed or adapted for making a counterfeit of a currency note or coin;]

F11[‘currency authority’ means an authority or body referred to in paragraph (a), (b) or (c) of the definition of ‘lawfully issued’;]

F11[‘currency instrument’ includes any instrument, article, computer programme or data, and any other means specially designed or adapted for making a currency note or coin;]

F11[‘designated’ means, in relation to a note or coin, designated for circulation as legal tender but not yet lawfully issued;]

F11[‘Directive 2014/62/EU’ means Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA;]

“lawfully issued” means issued—

(a) by or under the authority of the European Central Bank,

(b) by the Central Bank of Ireland or the Minister for Finance, or

(c) by a body in a state (other than the State) or a territorial unit within it which is authorised under the law of that state or territorial unit to issue currency notes or coins.

F11[‘security feature’ includes a hologram, watermark or other component of currency which serves to protect against counterfeiting;]

(2) For the purposes of this Part, a thing is a counterfeit of a currency note or coin—

(a) if it is not a currency note or coin but resembles a currency note or coin (whether on one side only or on both) to such an extent that it is reasonably capable of passing for a currency note or coin of that F10[description,]

F11[(aa) if it is a note or coin which has been manufactured by use of legal facilities or materials in violation of the rights or the conditions under which a currency authority may issue currency notes or coins, or]

(b) if it is a currency note or coin which has been so altered that it is reasonably capable of passing for a note or coin of some other description.

F12[(2A) A reference in section 34, 35, 36, 37 and 38 to a counterfeit of a currency note or coin shall be deemed to include a reference to a designated note or coin.]

(3) For the purposes of this Part—

(a) a thing consisting of or containing a representation of one side only of a currency note, with or without the addition of other material, is capable of being a counterfeit of such a currency note, and

(b) a thing consisting—

(i) of parts of two or more currency notes, or

(ii) of parts of a currency note, or of parts of two or more currency notes, with the addition of other material,

is capable of being a counterfeit of a currency note.

F12[(4) A word or expression used in this Part that is also used in Directive 2014/62/EU has, unless the contrary intention appears, the same meaning in this Part as it has in that Directive.]

Annotations:

Amendments:

F10

Substituted (3.08.2021) by Counterfeiting Act 2021 (16/2021), s. 3(a)(i), (b)(i), S.I. No. 404 of 2021.

F11

Inserted (3.08.2021) by Counterfeiting Act 2021 (16/2021), s. 3(a)(i), (ii), (b)(i), (ii), S.I. No. 404 of 2021.

F12

Inserted (3.08.2021) by Counterfeiting Act 2021 (16/2021), s. 3(c), (d), S.I. No. 404 of 2021.