Definitions
163. In this Sub-Division—
(a) “copper coin” includes any coin of any metal or mixed metal not being a gold or silver coin;
(b) a coin shall be deemed to be current if—
(i) it has been coined in any approved Mint in a Commonwealth country; or
(ii) is lawfully current, by virtue of any proclamation or otherwise, in any country or territory of the Commonwealth (whether within Fiji or otherwise); or
(iii) is lawfully current in any foreign country;
(c) a coin apparently intended to resemble or pass for any current coin shall be deemed to resemble that current coin;
(d) a current coin which has been gilt, silvered, washed, coloured or cased over or in any manner altered so as to resemble any current coin of a higher denomination shall be deemed to be false or counterfeit coin resembling a current gold or silver coin;
(e) “currency note” includes any currency note used in Fiji or any other country.
Counterfeiting
164.—(1) Any person commits an indictable offence if he or she falsely makes or counterfeits any—
(a) coin resembling any current coin; or
(b) any currency note used in Fiji or any other country.
Penalty—
(a) in a case of any currency note, or where the coin resembles a current gold or silver coin - to imprisonment for life; and
(b) in a case where the coin resembles a current copper coin - to imprisonment for seven years.
(2) The offence of falsely making or counterfeiting a currency note or a coin is deemed to be complete although—
(a) the currency note or coin made or counterfeited is not in a fit state to be uttered; or
(b) the making or counterfeiting of it has not been finished or perfected.
Gilding, silvering, filing and altering coin
165. Any person commits an indictable offence if he or she—
(a) gilds or silvers, or with any wash or materials capable of producing the colour or appearance of gold or silver or by any means whatsoever, washes, cases over or colours—
(i) any coin whatsoever resembling any current gold or silver coin; or
(ii) any current copper coin, with intent to make it resemble or pass for any current gold or silver coin; or
(iii) any piece of silver or copper or of coarse gold or coarse silver or of any metal or mixture of metals, being of a fit size and figure to be coined, with intent that it shall be coined into false and counterfeit coin resembling any current gold or silver coin; or
(b) gilds, or, with any wash or materials capable of producing the colour or appearance of gold or by any means whatsoever, washes, cases over or colours, any current silver coin with intent to make it resemble or pass for any current gold coin; or
(c) files or in any manner alters—
(i) any current silver coin with intent to make it resemble or pass for any current gold coin; or
(ii) any current copper coin with intent to make it resemble or pass for any current gold or silver coin.
Penalty — Imprisonment for life.
Uttering and possession with intent to utter counterfeit coin or note
166.—(1) A person commits a summary offence if he or she tenders, utters or presents in any commercial transaction any false or counterfeit—
(a) coin resembling any current coin knowing it to be false or counterfeit; or
(b) currency note.
Penalty — Imprisonment for 5 years.
(2) A person commits a summary offence if he or she tenders, utters or presents in any commercial transaction any false or counterfeit coin or currency note, knowing it to be false or counterfeit, and -
(a) at the time of the tendering, uttering or presentation has in his or her possession, besides that coin or currency note, any other such false or counterfeit coin or currency note; or
(b) on the day of the tendering, uttering or presentation (or within the period of ten days next following), tenders, utters or presents any other false or counterfeit coin or currency note, knowing it to be false or counterfeit.
Penalty — Imprisonment for 2 years.
(3) A person commits a summary offence if he or she has in his or her possession three or more false or counterfeit coins or currency notes—
(a) knowing them to be false or counterfeit; and
(b) with intent to utter or put off the said coins or currency notes, or any of them.
Penalty — Imprisonment for 5 years.
Importing and exporting counterfeit coin and notes
167.—(1) A person commits a summary offence if he or she, without lawful authority or excuse (the proof of which lies on the accused)—
(a) imports or receives into Fiji any false or counterfeit currency note or coin (or coin resembling any current coin), knowing it to be false or counterfeit; or
(b) exports from Fiji, or puts on board any ship, vessel or boat for the purpose of being so exported, any false or counterfeit currency note or coin (or coin resembling any current coin), knowing it to be false or counterfeit.
Penalty — Imprisonment for 7 years.
(2) Nothing in this section shall affect the provisions relating to the importation of coin and notes and counterfeit coin and notes contained in any Customs Act for the time being in force.
Possession of counterfeiting implements.
168. A person commits a summary offence if he or she, without lawful authority or excuse (the proof of which lies on the accused), knowingly—
(a) makes or mends; or
(b) begins or proceeds to make or mend; or
(c) buys or sells; or
(d) has in his or her possession—
any implement for counterfeiting coin or currency notes, or otherwise doing any act to a coin or note which is an offence under this Sub-Division.
Penalty — Imprisonment for 7 years.
Evidence of coin or note being counterfeit
169. Where a person is charged with an offence against this Sub-Division the fact that a coin or currency note is produced in evidence against him or her is false or counterfeit may be proved by the evidence of any credible witness.
Defacing and uttering defaced coin
170.—(1) A person commits a summary offence if he or she defaces any current coin, whether the coin is or is not thereby diminished or lightened.
Penalty — Imprisonment for one year.
(2) A tender of payment in money made in any coin which has been defaced is not legal tender.
(3) A person commits a summary offence if he or she tenders, utters or presents in any commercial transaction any coin which has been defaced.
Penalty - A fine of 5 penalty units.
(4) Proceedings under this sub-section require the consent of the Director of Public Prosecutions.
Melting down of currency
171. A person commits a summary offence if he or she melts down, breaks up or uses otherwise than as currency, any coin current for the time being in Fiji.
Penalty — Imprisonment for 6 months.
Mutilating or defacing currency notes
172. A person commits a summary offence if he or she, without lawful authority or excuse (the proof of which lies on the accused), mutilates or in any way defaces a currency note, whether—
(a) by writing, printing, drawing or stamping on it; or
(b) by attaching or affixing to it anything in the nature or form of an advertisement.
Penalty — A fine of 10 penalty units.
Imitation of currency
173.—(1) A person commits a summary offence if he or she, without lawful authority or excuse (the proof of it lies on the accused), sells, or offers or exposes for sale, any article which bears a design in imitation of any currency note or bank note or coin in current use in Fiji or elsewhere.
Penalty — Imprisonment for 6 months.
(2) A person commits a summary offence if he or she makes, or causes to be made or uses for any purpose, any document purporting to be, or in any way resembling (or so nearly resembling as to be calculated to deceive) any currency note (or any part of it).
Penalty — A fine of 5 penalty units for each such document.
(3) A person commits a summary offence if his or her name appears on any document the making of which is an offence under this section and he or she refuses to disclose to a police officer the name and address of the person by whom it was printed or made.
Penalty — A fine of 10 penalty units.
(4) Where the name of any person appears on any document in respect of which any person is charged with an offence under this section or on any other document used or distributed in connexion with that document, it shall be prima facie evidence that that person caused the document to be made.
Evidence of counterfeiting, etc.
174. Where a person is charged with an offence against this Sub-Division, a written report in the form of an affidavit by a qualified coin, bank note or currency note expert shall be admitted in evidence.
Forfeiture of forged bank notes, currency notes, etc.
175.—(1) Where any forged bank note, currency note or any counterfeit coin or any implement or material used or intended to be used for the forging of a bank note or currency note or for counterfeiting coin, is seized under a search warrant or by any police officer, the bank note, currency note, counterfeit coin, implement or material, as the case may be, shall be delivered up to the Minister, or to any person authorised by the Minister for the purpose, by order of the court—
(a) before which the offender is tried; or
(b) if there is no trial, by the court issuing the search warrant.
(2) A police officer seizing such note, coin, implement or material, shall cause it to be delivered up to the Minister, or to any person authorised by the Minister for that purpose.
(3) Upon delivery to the Minister (or to any person authorised by the Minister) the note, coin, implement or material shall be deemed forfeit.
