Trading with the Enemy Act 1947

Legislation au C1947A00075 Not in force Act

Legislation content

TRADING WITH THE ENEMY.

 

No. 75 of 1947.

An Act to amend the Trading with the Enemy Act 1939–1940 and for other purposes.

[Assented to 5th December, 1947.]

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 and citation.

1.—(1.) This Act may be cited as the Trading with the Enemy Act 1947.

(2.) The Trading with the Enemy Act 1939–1940 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Trading with the Enemy Act 1939–1947.

Commencement.

2. This Act shall come into operation on the first day of January, One thousand nine hundred and forty-eight.

Offences.

3. Section five of the Principal Act is amended—

(a) by inserting after sub-section (2.) the following sub-section:—

“(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.”; and

(b) by inserting in sub-section (5.), after the word “against”, the words “sub-section (1.) or (2.) of”.

Appointment of controller of firm or corporation.

4. Section thirteen of the Principal Act is amended by inserting in paragraph (a) of sub-section (1.), after the word “against”, the words “sub-section (1.) or (2.) of”.

5. After section thirteen of the Principal Act the following sections are inserted:—

Powers of High Court in relation to control of firms and corporations.

“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.

Powers of bodies corporate appointed controllers of enemy corporations.

“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.”.

6.—(1.) After section fifteen of the Principal Act the following section is inserted:—

Control of enemy property.

“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 shall include the power to make such amendments as are necessary or convenient for carrying out or giving effect to 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, the terms of which Agreement were recommended for signature by the Paris Conference on Reparation, which concluded its meeting on the twenty-first day of December, One thousand nine hundred and forty-five, and to which Agreement Australia is a party.

“(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.”.


(2.) Each notice, declaration, order, appointment, delegation, direction, liability, requirement, right, authority or consent subsisting immediately prior to the commencement of this section and made, given, issued, arising or established under the National Security (Enemy Property) Regulations as in force at any time prior to the commencement of this section shall be in force and subsisting as if made, given, issued, arising or established under those Regulations as in force by virtue of this section and those Regulations as so in force shall apply to it accordingly.

Declarations under regulation 38 of the National Security (Supplementary) Regulations to remain in force.

7. All declarations made by the Minister of State for Trade and Customs by notice published in the Gazette in pursuance of regulation thirty-eight of the National Security (Supplementary) Regulations shall remain in full force and effect in accordance with the provisions of that regulation notwithstanding that that regulation has ceased to be in operation.

 

Overview

The Trading with the Enemy Act 1947 was enacted to amend the existing Trading with the Enemy Act 1939–1940, addressing the need to update and strengthen measures against trading with enemy states, particularly in the context of post-World War II reparations and international agreements. This Act was passed by the Commonwealth Parliament and came into operation on 1 January 1948. It aimed to ensure comprehensive legal provisions against trading with enemies, aligning with the broader international context of post-war reparations and agreements, as evidenced by its reference to the Agreement on Reparation from Germany and the Inter-Allied Reparation Agency. The Act sought to enhance the enforcement mechanisms by imposing penalties for non-compliance with regulations made under the Act, and by expanding the powers of the High Court and appointed controllers in managing enemy property and providing for the sustenance of affected individuals.

Scope and Application

The Trading with the Enemy Act 1947 amends the Trading with the Enemy Act 1939–1940, and it applies to any person who contravenes or fails to comply with any provision of any regulations made under or in force by virtue of the Act. The Act applies to any individual or entity involved in trade or transactions that are deemed to be with an enemy of Australia, as defined by the Act, and it extends to include the appointment of controllers for firms and corporations, as well as the regulation and control of enemy property. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia. The Act extends its application through subordinate instruments such as regulations, which may be amended or repealed under the authority of this Act. The Act’s provisions remain in effect unless specifically amended or repealed by subsequent legislation, ensuring continuity in its application across various declarations and orders made under previous regulations.

Key Provisions

The Trading with the Enemy Act 1947 amends the Trading with the Enemy Act 1939–1940 by introducing new provisions and altering existing ones to further regulate trade with enemy entities. Section 3 of the Act amends the Principal Act by adding a new sub-section (2a) that makes it an offence to contravene or fail to comply with any regulations made under the Act. This amendment strengthens the enforcement of the Act by imposing criminal liability on those who do not adhere to its regulatory framework. Additionally, section 5 enhances the High Court's authority by granting it the power to authorize payments for the sustenance and maintenance of individuals and their dependants connected to firms or corporations under its control. This provision ensures that the well-being of these individuals is safeguarded during the control period. The Act imposes several obligations on the parties it governs. Section 3(2a) mandates that all individuals and entities subject to the Act must comply with any regulations made under it. Non-compliance with these regulations is a criminal offence. Furthermore, section 5 expands the High Court's powers to include authorizing payments for the maintenance of controlled entities' personnel and their dependants, ensuring that the basic needs of those affected by the control measures are met. Section 6(1) mandates that the National Security (Enemy Property) Regulations continue in force, subject to amendments necessary for implementing international agreements such as the Agreement on Reparation from Germany. This requires the continuous oversight and possible adjustment of property control measures to align with international commitments. Breaches of the Trading with the Enemy Act 1947 can lead to significant legal consequences. Section 3(2a) explicitly states that any contravention of the Act or its regulations constitutes an offence, subjecting offenders to potential criminal penalties. While the Act does not specify the exact penalties for these offences, it is reasonable to infer that the penalties could be severe given the nature of the legislation. Additionally, section 5's provision for the High Court to authorize payments for sustenance and maintenance implies a formalised process for ensuring compliance with these obligations, with potential repercussions for failing to meet these requirements. The Act's focus on criminal liability and regulatory compliance underscores the seriousness with which it treats violations.

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Area of Law
National Security Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Regulatory Standards
Enforcement Powers
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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.