Legal situation
Withholdance and examination of suspect banknotes or coins
The Nationalbank Act (Article 79) requires the OeNB, Münze Österreich AG, banks and other payment service providers as well as all other economic entities whose duties include the processing and issuance of banknotes and coins (e.g. bureaux de change, cash-in-transit companies, casinos) to withhold for examination against a certifiacte of receipt any banknotes and coins suspected of being counterfeit. This obligation also applies to traders who operate ATMs as a secondary activity.
Münze Österreich AG is responsible for examining coins that are legal tender in Austria. Euro banknotes and other coins fall within the remit of the OeNB.
The OeNB and Münze Österreich AG withhold banknotes and coins identified as counterfeit to make them available to the criminal courts if required. It is not permitted to return counterfeit money – except in the case of coins containing precious metals, subject to certain conditions.
The OeNB and Münze Österreich AG must report cases of counterfeits to the Federal Ministry of the Interior and inform the person whose banknotes or coins have been withheld of the outcome of their examination.
Counterfeiting or falsification of euro banknotes and coins
An Austria, anyone who counterfeits or falsifies euro banknotes or coins or puts counterfeit euro banknotes or coins into circulation faces a prison sentence of up to ten years. The same applies to persons who knowingly import, export, transport, accept or acquire counterfeit or falsified euro banknotes or coins.
People who do the following must also expect to face a penalty:
- manufacture or accept equipment, objects, computer programmes and other means which, by their very nature, are particularly suitable for counterfeiting or altering banknotes and coins,
- or procure or possess such means.
Reproduction guidelines and exchange of damaged euro banknotes
The conditions under which euro banknotes may be depicted or reproduced and under which defective or damaged euro banknotes may be exchanged are set out in the Decision of the European Central Bank on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (ECB/2003/4).
Decision ECB/2013/10 of 19 April 2013
Copyright
The European Central Bank (ECB) holds the copyright to euro banknotes. The national central banks of the EU member states and the ECB may take legal action against those who infringe this copyright. Euro coins are also subject to copyright provisions.