Trading With the Enemy Act 1939 (Cth)

TRADING WITH THE ENEMY ACT 1939 [Note: This Act is "repealed" by Act No. 168 of 1986]
(#DATE 31:08:1984)

- Reprinted as at 31 August 1984

*1* The Trading with the Enemy Act 1939 as shown in this reprint comprises Act No. 14, 1939 amended as indicated in the Tables below.
(The citation "Trading with the Enemy Act 1939" is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976 .)
Table of Acts
-----------------------------------------------------------------------------
Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
-----------------------------------------------------------------------------
Trading with the
Enemy Act 1939 14, 1939 9 Sept
1939 9 Sept 1939
Trading with the
Enemy Act 1940 33, 1940 3 June
1940 9 Sept 1939
(see s. 2) -
Trading with the
Enemy Act 1947 75, 1947 5 Dec
1947 1 Jan 1948 Ss. 6 (2)
and 7
Trading with the
Enemy Act 1952 77, 1952 6 Nov
1952 6 Nov 1952 -
Trading with the
Enemy Act 1957 1, 1957 15 Apr
1957 6 Nov 1952 -
Statute Law
Revision (Decimal
Currency) Act 1966 93, 1966 29 Oct
1966 1 Dec 1966 -
Statute Law
Revision Act 1973 216, 1973 19 Dec
1973 31 Dec 1973 Ss. 9 (1)
and 10
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June
1978 12 June 1978 S. 8
Australian Federal
Police
(Consequential
Amendments) Act
1979 155, 1979 28 Nov
1979 19 Oct 1979 (see
s. 2 and Gazette
1979, No. S206,
p. 1) -
Australian Federal
Police
(Consequential
Amendments) Act
1980 70, 1980 28 May
1980 28 May 1980 -
-----------------------------------------------------------------------------
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
-----------------------------------------------------------------------------
Provision affected How affected
-----------------------------------------------------------------------------
S. 3 . . . . . . . . am. No. 33, 1940; No. 216, 1973; No. 155, 1979;
No. 70, 1980
S. 4 . . . . . . . . am. No. 216, 1973
S. 5 . . . . . . . . am. No. 75, 1947; No. 93, 1966
S. 7 . . . . . . . . am. No. 93, 1966
S. 13 . . . . . . . . am. No. 75, 1947
Ss. 13A, 13B . . . . ad. No. 75, 1947
Ss. 13C, 13D . . . . ad. No. 77, 1952
S. 13E . . . . . . . ad. No. 77, 1952
am. No. 36, 1978
S. 13F . . . . . . . ad. No. 77, 1952
am. No. 1, 1957; No. 36, 1978
S. 14 . . . . . . . . am. No. 36, 1978
S. 15 . . . . . . . . am. No. 93, 1966
S. 15A . . . . . . . ad. No. 75, 1947
am. No. 77, 1952; No. 1, 1957; No. 216, 1973
S. 16 . . . . . . . . am. No. 77, 1952
-----------------------------------------------------------------------------

TRADING WITH THE ENEMY ACT 1939 - TABLE OF PROVISIONS 
TABLE

                             TABLE OF PROVISIONS

Section

  1.       Short title

  2.       Commencement

  3.       Interpretation

  4.       Extension to Territories

  5.       Trading with the enemy

  6.       Institution of prosecution

  7.       Power to inspect books, &c.

  8.       Destruction, &c., of books

  9.       Use of information obtained

  10.      Incriminating answer or production of document

  11.      Aiding and abetting

  12.      Evidence of Proclamation

  13.      Appointment of controller of firm or corporation

  13A.     Powers of High Court in relation to control of firms and

           corporations

  13B.     Powers of bodies corporate appointed controllers of enemy

           corporations

  13C.     Moneys in High Court to be paid to Controller of Enemy Property

  13D.     Certain powers of High Court

  13E.     Payment into Enemy Subjects Trust Account

  13F.     Distribution of proceeds of Japanese property to former prisoners

           of war, &c.

  14.      Debts due to enemy subject

  15.      Power to grant licences

  15A.     Control of enemy property

  16.      Regulations

TRADING WITH THE ENEMY ACT 1939 - LONG TITLE 
SECT

                   An Act relating to Trading with the Enemy

TRADING WITH THE ENEMY ACT 1939 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Trading with the Enemy Act 1939.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

TRADING WITH THE ENEMY ACT 1939 - SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

TRADING WITH THE ENEMY ACT 1939 - SECT 3 
Interpretation 
SECT

  3. (1) In this Act, unless the contrary intention appears-

  "Australia" includes the Territories;

  "constable" includes a member or special member of the Australian Federal
Police and a member of the Police Force of a State or Territory;

  "corporation" means a body corporate;

  "enemy subject" means any person, firm or corporation trading with whom or
with which would be deemed to be trading with the enemy within the meaning of
sub-section (2) of this section;

  "the Comptroller-General" means the Comptroller-General of Customs;

  "the present state of war" means the period from the third day of September,
One thousand nine hundred and thirty-nine at the hour of nine-thirty o'clock
post meridiem reckoned according to standard time in the Australian Capital
Territory, until the issue of a Proclamation by the Governor-General that war
no longer exists.*2*


  (2) For the purposes of this Act, a person shall be deemed to trade with the
enemy, if he performs or takes part in-

  (a)  any act or transaction which is prohibited by or under any Proclamation
made by the King and published in the Gazette, whether before or after the
commencement of this Act;

  (b)  any act or transaction which, by notice published in the Gazette,
whether before or after the commencement of this Act, persons are warned not
to do or into which by such notice they are warned not to enter;

  (c)  any act or transaction which is prohibited by or under any Proclamation
made by the Governor-General and published in the Gazette; or

  (d)  any act or transaction which at common law or by statute constitutes
trading with the enemy.


*2* S. 3 (1), definition of "the present state of war"-For a Proclamation
declaring that war no longer exists, see Gazette 1952, p. 2481.

TRADING WITH THE ENEMY ACT 1939 - SECT 4 
Extension to Territories 
SECT

  4. This Act shall extend to the Territories as if each Territory were part
of the Commonwealth.

TRADING WITH THE ENEMY ACT 1939 - SECT 5 
Trading with the enemy 
SECT

  5. (1) Any person who, during the continuance of the present state of war,
trades, or directly or indirectly offers or proposes or agrees to trade, or
has before the commencement of this Act traded, or directly or indirectly
offered or proposed or agreed to trade, with the enemy shall be guilty of an
offence.
  (2) Any person who, without lawful authority, deals, or offers or proposes
or agrees, whether directly or indirectly, to deal, with any money or security
for money or other property which is in his hands or over which he has any
claim or control for the purpose of enabling an enemy subject to obtain money
or credit thereon or thereby, shall be guilty of an offence.
  (2A) Any person who contravenes, or fails to comply with, any provision of
any regulations made under, or in force by virtue of, this Act shall be guilty
of an offence.
  (3) An offence against this section may be prosecuted either summarily or
upon indictment, but an offender shall not be liable to be punished more than
once in respect of the same offence.
  (4) The punishment for an offence against this section shall-

  (a)  if the offence is prosecuted summarily-be a fine not exceeding One
thousand dollars, or imprisonment for any term not exceeding twelve months, or
both; or

  (b)  if the offence is prosecuted upon indictment-be a fine of any amount,
or imprisonment for not more than seven years, or both.


  (5) Any goods or money in relation to which an offence against sub-section
(1) or (2) of this section has been committed or which has been used in
connexion with such an offence shall be forfeited to the King, and may be
seized without warrant by any constable, or by any person thereto authorized
in writing by the Comptroller-General, and shall be taken before a court of
summary jurisdiction and dealt with in the same manner as articles seized
under section nine of the Crimes Act 1914-1937.
  (6) A corporation guilty of an offence against this section shall be liable
to the pecuniary penalties thereby provided, and any director, officer,
servant or agent of a corporation who is knowingly concerned in the commission
of an offence against this section by the corporation shall be deemed to be
guilty of the offence and punishable accordingly by fine or imprisonment, or
both.

TRADING WITH THE ENEMY ACT 1939 - SECT 6 
Institution of prosecution 
SECT

  6. (1) A prosecution under section five of this Act shall be instituted only
by or with the consent of the Attorney-General or of a person acting under his
direction:
  Provided that a person charged with any offence against that section may be
arrested, or a warrant for his arrest may be issued and executed, and he may
be remanded in custody or on bail, notwithstanding that the consent of the
Attorney-General or of a person acting under his direction has not been
obtained, but no further proceedings shall be taken until that consent has
been obtained.
  (2) Nothing in this section shall prevent the discharge of the person
charged if proceedings are not continued within a reasonable time.

TRADING WITH THE ENEMY ACT 1939 - SECT 7 
Power to inspect books, &c. 
SECT

  7. (1)  Where it appears to a Justice of the Peace that an offence has been,
or is likely to be, committed by any person against section five of this Act,
or that it is desirable for the purposes of this Act to inspect the books or
documents of any person, he may, upon information on oath made by the
Comptroller-General or a person thereto authorized by him, by warrant
authorize any person named in the warrant-

  (a)  to inspect, and if thought fit impound, any books or documents
belonging to or in the possession or control of the first-mentioned person;

  (b)  to require any person whom the Comptroller-General believes to be able
to give information or to produce books or documents respecting the business
or trade of the first-mentioned person to give that information or produce
those books or documents; and

  (c)  if accompanied by a constable or prescribed officer, to enter into,
break open and search any house, premises or place used or believed by the
Comptroller-General to be used in connexion with that business or trade or in
which the Comptroller-General believes there are any books or documents
belonging to the first-mentioned person.


  (2) Where the Comptroller-General certifies in writing that, in relation to
any person, it is desirable on account of urgency that any or all of the
powers contained in paragraphs (a), (b) and (c) of sub-section (1) of this
section should be exercised without prior application to a Justice of the
Peace for the issue of a warrant, the Comptroller-General may, by writing
under his hand, authorize any person named in the writing to exercise all or
any of the powers contained in those paragraphs.
  (3) Any person who obstructs or interferes with any person authorized under
sub-section (1) or sub-section (2) of this section in the exercise of any
power conferred upon him in pursuance of this section, or who refuses or fails
to produce any book or document or to give any information when required to do
so in pursuance of this section, shall be guilty of an offence.
  Penalty: One thousand dollars or imprisonment for one year, or both.
  (4) Offences against this section may be prosecuted either summarily or on
indictment.

TRADING WITH THE ENEMY ACT 1939 - SECT 8 
Destruction, &c., of books 
SECT

  8. Where a person has been authorized under this Act to inspect the books
and documents of any person, and any book or document is found by him to have
been destroyed, mutilated or falsified, any person having, or having had,
control of that book or document shall be guilty of an offence and liable to
the same punishment as if he had been guilty of trading with the enemy, unless
he proves that the destruction, mutilation or falsification was not intended
for the purpose of concealing any transaction which would constitute an
offence against section five of this Act.

TRADING WITH THE ENEMY ACT 1939 - SECT 9 
Use of information obtained 
SECT

  9. Where a person has given any information to a person authorized in
pursuance of this Act to require him to give the information, the information
so given may be used in evidence against him in any proceeding for an offence
against this Act.

TRADING WITH THE ENEMY ACT 1939 - SECT 10 
Incriminating answer or production of document 
SECT

  10. A person shall not, in any proceeding for an offence against this Act,
be excused from answering any question or producing any book or document on
the ground that the answer or production may criminate or tend to criminate
him, but his answer shall not be admissible in evidence against him in any
criminal proceeding other than a prosecution for perjury or a proceeding under
this Act.

TRADING WITH THE ENEMY ACT 1939 - SECT 11 
Aiding and abetting 
SECT

  11. Any person who aids, abets, counsels or procures, or by act or omission
is in any way, directly or indirectly, knowingly concerned in or privy to-

  (a)  the commission of any offence against this Act; or

  (b)  the doing of any act outside Australia which would, if done within
Australia, be an offence against this Act,

shall be deemed to have committed the offence and shall be punishable
accordingly.

TRADING WITH THE ENEMY ACT 1939 - SECT 12 
Evidence of Proclamation 
SECT

  12. For the purposes of this Act, evidence of any Proclamation made by the
King or by the Governor-General may be given in all Courts by the production
of the Gazette purporting to contain it.

TRADING WITH THE ENEMY ACT 1939 - SECT 13 
Appointment of controller of firm or corporation 
SECT

  13. (1) Where it appears to the Minister that, with reference to any person,
firm or corporation-

  (a)  an offence against sub-section (1) or (2) of section five of this Act
has been or is likely to be committed in connexion with the trade or business
thereof;

  (b)  (in the case of a firm or corporation) the control or management
thereof has been or is likely to be so affected by the state of war as to
prejudice the effective continuance of its trade or business, and that it is
in the public interest that the trade or business should continue to be
carried on;

  (c)  the business thereof is controlled or managed directly or indirectly by
or under the influence of enemy subjects, or is carried on wholly or mainly
for the benefit or on behalf of enemy subjects; or

  (d)  it is expedient in the public interest, or necessary for the safety of
the Commonwealth, that a controller of the business should be appointed,

the Minister may apply to the High Court for the appointment of a controller
of the person, firm or corporation, and the High Court shall have power to
appoint such a controller for such time and with such powers and subject to
such conditions as the Court thinks fit, and the powers so conferred may
include any powers of controlling, conducting, continuing, discontinuing,
extending, restricting or varying the business and operations of the person,
firm or corporation, including, if the Court considers it necessary or
expedient for the purpose of enabling the controller to borrow money, the
power, upon special application made to the Court for that purpose, to create
charges on the property of the person, firm or corporation in priority to
existing charges.
  (2) The Court shall have power to direct how and by whom the costs of any
proceedings under this section, and the remuneration, charges and expenses of
the controller, shall be borne, and shall have power, if it thinks fit, to
charge those costs, charges and expenses on the property of the person, firm
or corporation in such order of priority in relation to any existing charges
thereon as it thinks fit.
  (3) Where the Minister is satisfied that, with reference to any person, firm
or corporation, the business thereof is managed, controlled or carried on as
mentioned in paragraph (c) of sub-section (1) of this section, or that it is
expedient in the public interest or necessary for the safety of the
Commonwealth that a controller of the business should be appointed, he may,
before applying to the High Court under that sub-section, appoint an interim
controller of the person, firm or corporation with such powers and subject to
such conditions as he thinks fit, but in that case he shall as soon as
practicable thereafter apply to the High Court under that sub-section.

TRADING WITH THE ENEMY ACT 1939 - SECT 13A 
Powers of High Court in relation to control of firms and corporations 
SECT

  13A. The powers conferred on the High Court by the last preceding section
shall be deemed to include, and to have included at all times since the
commencement of the Trading with the Enemy Act 1939, power to authorize
payments for the sustenance and maintenance-

  (a)  of any person in respect of whom the High Court has appointed a
controller under that section; and

  (b)  of any person being a partner, director, manager or employee, or former
partner, director, manager or employee, of any firm or corporation in respect
of which the High Court has appointed a controller under that section,

and for the sustenance and maintenance of the dependants of any such person.

TRADING WITH THE ENEMY ACT 1939 - SECT 13B 
Powers of bodies corporate appointed controllers of enemy corporations 
SECT

  13B. Where the High Court appoints, or has, before the commencement of this
section, appointed, a body corporate to be a controller of a person, firm or
corporation under section thirteen of this Act, the powers and functions of
that body corporate shall, by virtue of this section, be enlarged to such
extent as is necessary to enable it to act as controller accordingly.

TRADING WITH THE ENEMY ACT 1939 - SECT 13C 
Moneys in High Court to be paid to Controller of Enemy Property 
SECT

  13C. (1) By virtue of this section, but subject to the next succeeding
section, there shall be vested in the Controller of Enemy Property appointed
under the National Security (Enemy Property) Regulations-

  (a)  all moneys (including interest), and all investments representing
moneys (including investments representing interest and moneys in an account
with a bank), from time to time standing to the credit of the High Court of
Australia Suitors' Fund as a result of payments into court (whether before or
after the commencement of this section) by controllers appointed by the High
Court under this Act; and

  (b)  possession of all books and accounts at any time in the possession of
the High Court relating to the businesses and affairs of persons, firms or
corporations of whom or of which controllers have been appointed by the Court
under this Act.


  (2) A controller appointed by the High Court under this Act who has paid
moneys into court shall, at the request of the Controller of Enemy Property-

  (a)  permit the Controller of Enemy Property to inspect, and make extracts
from or copies of, any books or accounts under his control relating directly
or indirectly to the moneys paid into court; and

  (b)  furnish to the Controller of Enemy Property such information relating
to those moneys as the Controller requires.


  (3) This section has effect in relation to any moneys, investments, books or
accounts whether or not the controller concerned has been discharged by the
High Court.

TRADING WITH THE ENEMY ACT 1939 - SECT 13D 
Certain powers of High Court 
SECT

  13D. (1) Jurisdiction is conferred on the High Court to order the payment or
transfer to the Controller of Enemy Property of moneys, investments, books or
accounts to which sub-section (1) of the last preceding section applies, and
no such moneys, investments, books or accounts shall be so paid or transferred
except in pursuance of such an order.

  (2) Notwithstanding anything contained in the last preceding section, the
High Court may, in proceedings arising under this section, by order-

  (a)  direct the retention in court, or the application as directed by the
Court, of moneys or investments which, in the opinion of the Court, should be
retained or applied for the purposes of meeting just claims;

  (b)  direct the retention in court of any books or accounts;

  (c)  direct that the payment of moneys or transfer of investments, books or
accounts to the Controller of Enemy Property be subject to such conditions as
it thinks fit; or

  (d)  direct that the costs of a party to the proceedings be paid out of, or
charged upon, any moneys or investments the subject of the proceedings.


  (3) An application to the High Court for an order under sub-section (1) of
this section shall be made by the Attorney-General.

TRADING WITH THE ENEMY ACT 1939 - SECT 13E 
Payment into Enemy Subjects Trust Account 
SECT

  13E. (1) Moneys received by the Controller of Enemy Property in pursuance of
an order under the last preceding section shall be paid into the Enemy
Subjects Trust Account referred to in the National Security (Enemy Property)
Regulations.
  (2) Investments received by the Controller of Enemy Property in pursuance of
such an order shall be deemed to be investments of moneys standing to the
credit of that Enemy Subjects Trust Account, and an amount determined by the
Minister for Finance to be the value of those investments shall be credited to
that account.

TRADING WITH THE ENEMY ACT 1939 - SECT 13F 
Distribution of proceeds of Japanese property to former prisoners of war, 
&c. 
SECT

  13F. (1) This section applies-

  (a)  to the portion of the moneys from time to time standing to the credit
of the Enemy Subjects Trust Account referred to in the National Security
(Enemy Property) Regulations (including moneys paid or credited to that
Account in pursuance of section thirteen E or fourteen of this Act) that is,
or represents, property, rights or interests to which sub-paragraph (I) of
paragraph two of Article fourteen of the Treaty of Peace with Japan (being the
treaty approved by the Treaty of Peace (Japan) Act 1952) applies; and

  (b)  to so much of those moneys as the Minister for Finance specifies as
representing interest accrued in relation to that portion of those moneys.


  (2) From the moneys to which this section applies there are payable, subject
to any directions of the Minister for Finance, in addition to fees payable to
the Controller of Enemy Property out of those moneys in accordance with the
National Security (Enemy Property) Regulations, such debts and claims as the
Controller, in his discretion, considers should be paid out of those moneys.
  (3) Subject to the last preceding sub-section, the moneys to which this
section applies shall be disposed of as follows:


  (a)  the sum of Forty-five thousand pounds shall be paid to trustees
appointed by the Prime Minister, to be held upon trusts determined by the
Prime Minister, being trusts for the benefit of Australians (other than
members of the Defence Force) who have suffered physical or mental injury as a
result of internment by the Japanese during the war with Japan, or of persons
who were dependants of Australians (other than members of the Defence Force)
who have died during or after, and as a result of, internment by the Japanese
during that war; and

  (b)  the balance of the moneys shall be transferred to a Trust Account to be
established under section sixty-two A of the Audit Act 1901-1950, for the
purpose of distribution, in accordance with the directions of the Prime
Minister, to or for the benefit of members or former members of the Defence
Force, or of organizations attached to that Force, who were prisoners of war
of the Japanese, and to or for the benefit of persons who were dependants of,
or other persons connected with or claiming through, such of those prisoners
of war as died whilst in captivity or since their release.


  (4) The interest of a person in moneys payable in pursuance of the last
preceding sub-section, or the possibility of such an interest, is, and shall
be deemed at all times to have been, absolutely inalienable at law and in
equity before receipt by that person of the moneys representing that interest,
whether by means of, or in consequence of, sale, assignment, charge, execution
or otherwise.

TRADING WITH THE ENEMY ACT 1939 - SECT 14 
Debts due to enemy subject 
SECT

  14. (1) Where any person has reasonable ground for believing that any person
to whom he owes money is an enemy subject, he may tender the money to the
Comptroller-General, or to any officer authorized in that behalf by the
Comptroller-General, together with a statutory declaration stating the
transaction or matter in respect of which he owes the money, and his grounds
for believing that the creditor is an enemy subject.
  (2) The Comptroller-General or officer shall, if he is satisfied that the
grounds of belief stated in the declaration are reasonable, receive the money,
and give a receipt therefor stating the name of the creditor on whose account
the money is paid.
  (3) The receipt shall be a good and valid discharge to the debtor as against
the creditor and all persons claiming through or on behalf of the creditor.
  (4) The Comptroller-General or officer shall pay the money into a Trust
Account to be established for that purpose by the Minister for Finance under
the Audit Act 1901-1934.
  (5) The Minister for Finance may pay the money to the creditor, his
executors or administrators, on demand made after the termination of the
present state of war, or before that time, if he is satisfied that the
creditor is not an enemy subject.

TRADING WITH THE ENEMY ACT 1939 - SECT 15 
Power to grant licences 
SECT

  15. (1) Notwithstanding anything contained in this Act, the Governor-General
may, by licence under his hand, exempt any particular transaction or class of
transactions from the provisions of this Act.
  (2) Every licence granted in pursuance of this section shall be published in
the Gazette.
  (3) Any person who, for the purpose of obtaining a licence under this
section-

  (a)  makes or presents to an officer any declaration, statement or
representation which is false in any material particular; or

  (b)  produces to an officer any instrument or document which-

      (i)  is false in any material particular;

     (ii)  has not been executed by the person by whom it purports to be
executed; or

     (iii)  has been in any way altered or tampered with,

shall be guilty of an offence.
  Penalty: One thousand dollars, or three times the value of any goods or
money in respect of which the offence has been committed, whichever is the
greater, or imprisonment for six months, or both.

TRADING WITH THE ENEMY ACT 1939 - SECT 15A 
Control of enemy property 
SECT

  15A. (1) The National Security (Enemy Property) Regulations as in force
immediately prior to the commencement of this section shall, subject to this
section, be in force by virtue of this section.
  (2) The regulations in force by virtue of this section-

  (a)  shall be amended by inserting in the definition of "the previous
Regulations", after the word "amended", the words "or under the Defence
(Transitional Provisions) Act 1946"; and

  (b)  may be amended or repealed by regulations made under this Act.


  (3) The power to amend the regulations in force by virtue of this section
includes the power to make such amendments as are necessary or convenient for
carrying out or giving effect to-

  (a)  Article six of the Agreement on Reparation from Germany, on the
Establishment of an Inter-Allied Reparation Agency and on the Restitution of
Monetary Gold (being the agreement the terms of which were recommended for
signature by the Paris Conference on Reparation that concluded its meeting on
the twenty-first day of December, One thousand nine hundred and forty-five, to
which agreement Australia is a party);

  (b)  Article fourteen of the Treaty of Peace with Japan (being the treaty
approved by the Treaty of Peace (Japan) Act 1952); or

  (c)  a provision of any other treaty or arrangement for the settlement of
matters arising out of a state of war that commenced on or after the third day
of September, One thousand nine hundred and thirty-nine, being a provision
dealing with the disposal or treatment of property, rights or interest under
the control of the Commonwealth or situated in Australia or the Territories.


  (4) Regulations made by virtue of the last preceding sub-section may provide
for-

  (a)  vesting property in any person or authority or enabling any person or
authority to deal with, and transfer the title to, property;

  (b)  conferring original jurisdiction on the High Court in any matter
arising under the regulations;

  (c)  defining the jurisdiction of any federal court, other than the High
Court, with respect to any matter arising under the regulations; and

  (d)  investing any court of a State with federal jurisdiction with respect
to any matter arising under the regulations.

TRADING WITH THE ENEMY ACT 1939 - SECT 16 
Regulations 
SECT

  16. (1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters which by this Act are required or permitted
to be prescribed, or which are necessary or convenient to be prescribed, for
carrying out or giving effect to this Act.
  (2) Amendments made by regulations under this Act to the National Security
(Enemy Property) Regulations shall be amendments-

  (a)  authorized by sub-section (3) or (4) of the last preceding section;

  (b)  dealing with a matter dealt with by those Regulations; or

  (c)  necessary or convenient for the purpose of the winding up of matters
arising under or out of those Regulations, or the disposal of moneys standing
to the credit of the Enemy Subjects Trust Account established under those
Regulations, or investments of any such moneys.