Trading with the Enemy Act 1952

Legislation au C1952A00077 Not in force Act

Legislation content

TRADING WITH THE ENEMY.

 

No. 77 of 1952.

An Act to amend the Trading with the Enemy Act 1939-1947.

[Assented to 6th November, 1952.]

BE it enacted by the Queen’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 1952.


(2.) The Trading with the Enemy Act 1939-1947 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 1939-1952.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

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

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

“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.

Certain powers of High Court.

“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.

Payment into Enemy Subjects Trust Account.

“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 Treasurer to be the value of those investments shall be credited to that account.

Distribution of proceeds of Japanese property to former prisoners of war, &c.

“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 Treasurer 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 Treasurer, 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 Twenty-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.”.

Control of enemy property.

4. Section fifteen a of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(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 Repatriation 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 interests under the control of the Commonwealth or situated in Australia or the Territories of the Commonwealth.”.

Regulations.

5. Section sixteen of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(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.”.

 

Overview

The Trading with the Enemy Act 1952, enacted by the Commonwealth Parliament, serves to amend the Trading with the Enemy Act 1939-1947 to address the evolving circumstances and obligations arising from post-war treaties and agreements. This Act aims to facilitate the management and distribution of enemy property in line with international agreements such as the Treaty of Peace with Japan and other reparation agreements. The primary policy objective is to ensure that enemy property is properly controlled, managed, and ultimately distributed in accordance with the terms of these treaties, providing reparations and compensation to Australian citizens and former members of the Defence Force who suffered during wartime conflicts. The Act vests specific powers and responsibilities in the Controller of Enemy Property, ensuring that the distribution of assets adheres to the stipulated international obligations and domestic directives.

Scope and Application

The Trading with the Enemy Act 1952 is a Commonwealth Act that amends the Trading with the Enemy Act 1939-1947, and it applies to any moneys, investments, books, or accounts that are in the possession of the High Court as a result of payments made by controllers appointed by the Court under this Act. The Act also applies to any moneys, investments, books, or accounts that are in the possession of the Controller of Enemy Property appointed under the National Security (Enemy Property) Regulations. The Act extends to any moneys, investments, books, or accounts that are in the possession of the High Court, whether or not the controller concerned has been discharged by the Court. The Act also applies to the distribution of proceeds of Japanese property to former prisoners of war, and 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. The Act extends to the Commonwealth and its Territories, and the High Court has jurisdiction to order the payment or transfer to the Controller of Enemy Property of moneys, investments, books, or accounts to which the Act applies. The Act does not provide for any exclusions, exemptions, or thresholds. The Act may be extended or restricted by subordinate instruments, such as regulations made under the National Security (Enemy Property) Regulations.

Key Provisions

The Trading with the Enemy Act 1952 (C1952A00077) amends the Trading with the Enemy Act 1939-1947, bringing it up to date and incorporating new provisions relating to enemy property. Section 13c of the Act vests all moneys and investments from the High Court of Australia Suitors’ Fund, as well as any related books and accounts, into the Controller of Enemy Property, subject to the next section. Section 13d confers jurisdiction on the High Court to order the transfer of these assets to the Controller, with the ability to impose conditions and retain assets for meeting just claims. Section 13e mandates that any moneys received by the Controller be deposited into the Enemy Subjects Trust Account, while investments are deemed as investments of moneys in that account. Section 13f specifies the distribution of certain moneys from the Enemy Subjects Trust Account, including a payment to trustees for Australians injured by the Japanese during the war, and the balance to a Trust Account for former Defence Force members who were prisoners of war of the Japanese. The Act imposes several obligations on the parties it governs. The Controller of Enemy Property must permit inspection and furnish information about books and accounts related to moneys paid into court, as per Section 13c. The High Court must follow the specified process when ordering the transfer of assets to the Controller, including the ability to impose conditions and retain assets, as outlined in Section 13d. The Controller of Enemy Property is required to deposit moneys into the Enemy Subjects Trust Account and credit the value of investments to that account, as per Section 13e. Finally, the Treasurer must specify the distribution of certain moneys from the Enemy Subjects Trust Account, as per Section 13f. Breach of the provisions of this Act may result in various civil or criminal consequences. While the Act does not explicitly state offences, penalties, or maximum penalties, violations of the Act could potentially lead to legal action, fines, or imprisonment, depending on the nature and severity of the breach. The penalties would be determined based on the specific provisions of the Act that were contravened and the relevant laws in place at the time of the breach.

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National Security Law
International Law
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Act
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Commencement Provisions
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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.