hard labor for a term not exceeding six months or to a fine not exceeding $250, or to both such imprisonment and such fine. (c) Order 24, order 26, order 27, or order 29 shall be liable to a fine not exceeding $500 or to imprisonment with or without hard labor for a term not exceeding six months, or to both such fine and such imprisonment, and, in addition, to a further fine not exceeding $250 for every day during which the default continues. [(a) Br. Cap. 12/14, s. 8, Br. 79/15, s. 3, Br. 12/14, s. 9 (1), Br. 1916,, sec. 10 (2). (b) Br. Cap. 87/14, s. 2 (3), Br. Cap. 12/14, s. 12 (2). (c) Br. Cap. 12/14, s. 2 (3) and 3, Br. Cap. 79/15, s. 2 (2), Br. Cap. 79/12, s. 2 (2), Br. 1916, s. 5.] 46. Where a company, incorporated or unincorporated, or other body of persons, has been guilty of an offense or default under these Orders and Regulations, and the penalty or punishment provided as respects said offense or default is or includes a fine and whether or not imprisonment, additionally or alternatively, the company or other body shall be liable to the fine only (with any additional fine or fines provided by any of these Orders and Regulations with respect to continuing defaults, and every director, manager, secretary, or other officer of such company or body of persons and every partner or member of such unincorporated company or body of persons, who is knowingly a party to the offense or default, shall also be deemed guilty of the offense or default and liable on conviction to the like fine or fines as the company or other body of persons or to imprisonment, with or without hard labor, for a term not exceeding six months, or to both such fine or fines and such imprisonment. [Br. Cap. 87/14, s. 1 (3), Can. P. C. 2724/1914. Br. Cap. 12/14, s. (8), Br. Cap. 79/15, s. (3).] 47. These Orders and Regulations may be cited as the "Consolidated Orders respecting Trading with the Enemy, 1916." 48. The Order in Council of October 30, 1914 (No. 2724), is hereby, as from the date hereof, revoked, and from and after the date hereof, these present Orders and Regulations are substituted therefor. III. Commonwealth of Australia TRADING WITH THE ENEMY ACT, 1914-1916 Being the Trading with the Enemy Act (No. 9 of 1914), as amended by the Trading with the Enemy Act (No. 2) 1914, No. 17 of 1914 and by the Trading with the Enemy Act, 1916 (No. 20 of 1916) AN ACT RELATING TO TRADING WITH THE ENEMY. (OCTOBER 23, 1914; NOVEMBER 26, 1914; MAY 30, 1916) 1. This Act may be cited as the Trading with the Enemy Act, 1914. 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 meridian reckoned according to Greenwich standard time, until the issue of a Proclamation by the GovernorGeneral 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. "Enemy subject" means— (a) any person or firm with whom trading is prohibited by or under "Dividends, interest or share of profits" means any dividends, bonus, "Public Trustee" means the Public Trustee appointed by the (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. 2a. (1) For the purposes of this Act, the Governor-General may appoint a person to act as custodian of enemy property, and that person is in this Act referred to as the Public Trustee. (2) The Public Trustee shall be charged with the duty of receiving, holding, preserving, and dealing with such property as is paid to or vested in him in pursuance of this Act. (3) The Public Trustee shall be a corporation sole under that name with perpetual succession and an official seal, and shall be capable of suing and being sued. (4) The accounts of the Public Trustee shall be subject to audit by the Auditor-General. (5) The Public Trustee shall have such powers and duties with respect to the property specified in subsection (2) of this section as are prescribed. (6) The Public Trustee may place on deposit with any bank, or invest in any securities, approved by the Treasurer, any moneys paid to him under this Act, or received by him from property vested in him under this Act. (7) The Public Trustee shall deal in such manner as the Treasurer directs with any interest or dividends received on account of such deposits or investments. 2b. (1) The Public Trustee may, in relation to any particular matters or class of matters, or to any particular State or part of the Commonwealth, by writing under his hand delegate all or any of his powers and functions under this Act (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of the Commonwealth, specified in the instrument of delegation. (2) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power by the Public Trustee. 3. (1) Any person who, during the continuance of the present state of war, trades, or attempts, or directly or indirectly offers or proposes or agrees, to trade, or has before the commencement of this Act traded, or attempted, or directly or indirectly offered or proposed or agreed, to trade, with the enemy shall be guilty of an offence. (la) If any person without lawful authority deals, or attempts, or offers, 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, he shall be deemed to be guilty of the offence of trading with the enemy within the meaning of this Act. (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. 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, or that it is desirable for the purposes of this Act to inspect the books and documents of any person, firm, or company, he may, upon information on oath made by the ComptrollerGeneral 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 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 enter into, break open, and search any house, premises or place used or believed by the Comptroller-General to be used in connexion with such business or trade or in which the ComptrollerGeneral believes there are any books or documents belonging to the person, firm, or company. (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 subsection (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 subsection (1) or subsection (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. (4) Where a person has given any information to a person authorized under this section to inspect the books and documents belonging to or in the possession or control of any person, firm or company, the information so given may be used in evidence against him in any proceedings relating to offences of trading with the enemy within the meaning of this Act, notwithstanding that he only gave the information on being required to do so by the authorized person in pursuance of his powers under this section. (5) Where, on the report of any person authorized to inspect the books and documents of a person, firm, or company under section four of this Act, it appears to the Minister for Trade and Customs that it is expedient that the business should be subject to frequent inspection or constant supervision, the Minister may appoint a person to supervise the business with such powers as the Minister may determine, and any remuneration payable and expenses incurred, whether for the original inspection or |