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Amendment of section 32 of Act of 2001
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3. Section 32 of the Act of 2001 is amended—
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(a) in subsection (1)—
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(i) by the substitution of the following definitions for the definitions of “currency note” and “coin”:
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“ ‘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;
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‘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;”,
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and
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(ii) by the insertion of the following definitions:
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“ ‘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;
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‘currency authority’ means an authority or body referred to in paragraph (a), (b) or (c) of the definition of ‘lawfully issued’;
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‘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;
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‘designated’ means, in relation to a note or coin, designated for circulation as legal tender but not yet lawfully issued;
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‘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;
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‘security feature’ includes a hologram, watermark or other component of currency which serves to protect against counterfeiting;”,
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(b) in subsection (2)—
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(i) in paragraph (a), by the substitution of “description,” for “description, or”, and
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(ii) by the insertion of the following paragraph after paragraph (a):
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“(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”,
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(c) by the insertion of the following subsection after subsection (2):
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“(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.”,
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and
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(d) by the insertion of the following subsection after subsection (3):
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“(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.’’.
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