Deborah,
The section of the Reserve Bank Act t of Australia o which you
provided a link does not, in fact, authorise "judicial notice" to be
taken of the appearance of a genuine Australian banknote. It is
concerned only with the taking of judicial notice of statistical
information published by the Reserve Bank. And the guide to
counterfeit detection is nothing more than that - ie simply a guide.
A useful one, but still only a guide. It is not - and does not
purport to be - a legislative instrument. The scope and applicability
of the doctrine of judicial notice must, necessarily, be very limited
in this area. A Judge could no doubt, under the doctrine of judicial
notice, readily find that a purported USA banknote that was bright
red in colour could not possibly be genuine, but when one gets down
to the detailed minutiae of what a genuine bank note ought to look
like, and whether a purported banknote is genuine or not, I cannot
see how that could ever be other than an issue requiring expert
testimony - whether here in Australia or anywhere else. I strongly
suspect that you will never find the type of statutory provision, in
the USA, that you are seeking.
Cheers
Ron Huttner LL.B (Hons)
(Retired) Barrister, Solicitor, Law Lecturer and Legal Researcher
Melbourne
Australia
On 08/10/2005, at 7:31 AM, Deborah Melnick wrote:
> The US Treasury website describes printed money specifications to
> assist with counterfeit recognition. I cannot find a reference to
> code, regulations or other authority that will allow one of our
> judges to take "judicial notice" that the design of a bill does not
> meet specifications (a small claims action where expert testimony
> is prohibitive) as I cannot find a section that repeats the
> information provided on the website.
>
> Any assistance to help save some time is appreciated.
>
> Now, if I were in Australia, I would have had the exact information
> in a second. Thank you Australia!!
> http://www.rba.gov.au/CurrencyNotes/
> SecurityFeaturesAndCounterfeitDetection/
> counterfeit_detection_guide.html
> http://www.rba.gov.au/JudicialNotice/index.html
>
> Many thanks.
> Deb
>
> -----------------------------------------------
> Deborah Melnick
> Principal Law Librarian
> Civil Court of the City of New York
> 111 Centre St., Rm 1034
> New York, NY 10013
> 1-646-386-5432
> dmelnick@courts.state.ny.us
>
> ----------------------------------------------
>
> Views expressed herein are not those of my employer.
>
>
This archive was generated by hypermail 2b29 : Wed Nov 14 2007 - 20:46:09 PST