Trading with the Enemy Act 1914

Legislation au C1914A00009 Not in force Act

Legislation content

TRADING WITH THE ENEMY.

 

No. 9 of 1914.

An Act relating to Trading with the Enemy.

[Assented to 23rd October, 1914.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Trading with the Enemy Act 1914.

Definitions.

2.—(1.) In this Act, unless the contrary intention appears—

“The Comptroller-General” means the Comptroller-General of Customs:

“The present state of war” means the period from the fourth day of August One thousand nine hundred and fourteen, at the hour of eleven o’clock post meridiem reckoned according to Greenwich standard time, until the issue of a proclamation by the Governor-General that the war between His Majesty the King and the German Emperor and between His Majesty the King and the Emperor of Austria King of Hungary has ceased.

(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 issued by the King and published in the Gazette, whether before or after the commencement of this Act,

(b) any act or transaction which is prohibited by or under any proclamation made by the Governor-General and published in the Gazette, or

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

Trading with the enemy.

3.—(1.) Any person who, during the continuance of the present state of war, trades or has before the commencement of this Act traded with the enemy shall be guilty of an offence.

(2.) 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.


(3.) The punishment for an offence against this section shall be as follows:—

(a) If the offence is prosecuted summarily—a fine not exceeding Five hundred pounds, or imprisonment for any term not exceeding twelve months, or both;

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

(4.) Any goods or money in relation to which an offence against 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 by any officer of police or person thereto authorized in writing by the Comptroller-General.

(5.) 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.

(6.) A prosecution for an offence against this section shall not be instituted without the written consent of the Attorney-General.

Power to inspect books, &c.

4.—(1.) Where it appears to a Justice of the Peace that an offence has been, or is likely to be, committed by any person, firm, or company against the last preceding section, 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 any books or documents belonging to or in the possession or control of the person, firm, or company; and

(b) to require any person whom the Comptroller-General believes to be able to give information or produce books or documents respecting the business or trade of the person, firm, or company to give such information or produce such books or documents; and

(c) if accompanied by an officer of police or prescribed officer, to search any premises used or believed by the Comptroller-General to be used in connexion with such business or trade.

(2.) Where the Comptroller-General certifies in writing that in relation to any person, firm, or company 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 the said 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: Five hundred pounds or imprisonment for one year, or both.

Incriminating answer or production of document.

5. No person shall 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 proceedings under this Act.

Aiding and abetting.

6. Whoever 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.

Evidence of proclamation.

7. For the purposes of this Act evidence of any proclamation issued by the King or by the Governor-General may be given in all Courts by the production of the Gazette purporting to contain it.

Appointment of controller of firm or company.

8.—(1.) Where it appears to the Minister for Trade and Customs in reference to any firm or company—

(a) that an offence under section three of this Act has been or is likely to be committed in connexion with the trade or business thereof, or

(b) that 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,

the Minister may apply to the High Court for the appointment of a controller of the firm or company, 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 shall be those of a receiver and manager under the laws relating to bankruptcy or insolvency in force in the State in which the firm or company carries on business, with such modifications, restrictions, and extensions as the Court thinks fit, 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 firm or company 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 such costs, charges, and expenses on the property of the firm or company in such order of priority in relation to any existing charges thereon as it thinks fit.

Overview

The Trading with the Enemy Act 1914 was enacted to address the issue of trading with the enemy during the First World War. The Act was passed by the Parliament of the Commonwealth of Australia and received royal assent on 23 October 1914. The primary policy objective of this legislation was to prohibit any trading with the enemy during the ongoing state of war, thereby ensuring that Australian resources and efforts were not inadvertently supporting the enemy's war efforts. The Act provides a definition of "trading with the enemy" and outlines the penalties for such actions, including fines and imprisonment. Additionally, the Act grants authorities the power to inspect books and documents, seize goods, and appoint controllers for firms or companies that are likely to engage in or have engaged in enemy trading. The Act also addresses aiding and abetting enemy trading, provides for evidence of proclamations, and outlines the process for appointing controllers of firms or companies. The penalties for obstructing or interfering with authorised officers are also stipulated, and immunity from incriminating answers or document production is addressed. The overarching aim of the Trading with the Enemy Act 1914 was to effectively manage and control trading activities during wartime to support national security and the war effort.

Scope and Application

The Trading with the Enemy Act 1914 applies to any person or entity engaged in trading activities during the period of war declared in the Act. This includes individuals, partnerships, corporations, and any other legal entities that are involved in transactions or trade with entities defined as the enemy of the Commonwealth of Australia during the specified wartime period. The Act applies throughout the Commonwealth of Australia, covering all states and territories, as it is a federal law. The Act imposes penalties for trading with the enemy, including fines and imprisonment, and authorises the seizure of goods or money used in such transactions. The Act also allows for the appointment of a controller over firms or companies that are deemed to be at risk of compromising the national interest due to their trading activities. Exclusions or exemptions are not explicitly stated in the text, and the scope of application may be extended or modified through proclamations issued by the King or the Governor-General.

Key Provisions

The Trading with the Enemy Act 1914 (section 1) is the primary legislation under discussion, governing activities related to trading with enemies during a specified period of war. The Act defines "the present state of war" as the period from August 4, 1914, until the cessation of war is proclaimed by the Governor-General (section 2(1)). It also delineates what constitutes "trading with the enemy," including acts or transactions prohibited by proclamations from the King or the Governor-General, or acts recognised as trading with the enemy at common law or by statute (section 2(2)). Entities and individuals are obligated to refrain from engaging in any form of trading with the enemy during the stated period of war (section 3(1)). The Act stipulates that any offence under this section can be prosecuted either summarily or upon indictment, with the offender not being liable to be punished more than once for the same offence (section 3(2)). Penalties for such offences include fines of up to £500, imprisonment for up to twelve months if prosecuted summarily, or any fine and up to seven years' imprisonment if prosecuted upon indictment (section 3(3)). Goods or money involved in the offence can be forfeited and seized by authorised officers (section 3(4)). Corporations found guilty are subject to pecuniary penalties, and their directors, officers, servants, or agents who knowingly participate in the offence can also be held accountable (section 3(5)). Prosecutions require the written consent of the Attorney-General (section 3(6)). There are provisions allowing Justices of the Peace to issue warrants for inspecting books, documents, and premises if there is suspicion of an offence (section 4(1)). The Comptroller-General can also issue written authorisations under urgency without prior judicial approval (section 4(2)). Obstruction of these inspections or refusal to produce documents can result in penalties of up to £500 or one year's imprisonment, or both (section 4(3)). Furthermore, individuals cannot refuse to answer questions or produce documents in proceedings related to this Act on the basis of self-incrimination, although their answers cannot be used against them in other criminal proceedings except for perjury or proceedings under this Act (section 5). Aiding, abetting, counselling, or being privy to offences under this Act, whether within or outside Australia, is treated as committing the offence itself and is subject to the same penalties (section 6). Evidence of proclamations issued by the King or the Governor-General can be presented in court by producing the relevant Gazette (section 7). Lastly, the Minister for Trade and Customs can apply to the High Court for the appointment of a controller for firms or companies likely to commit offences or whose management is compromised by the war, with the Court having broad powers to manage the firm's affairs and finances (section 8).

Legal classification tags

Area of Law
National Security Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Enforcement Powers
Prohibited Conduct

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.