The Comptroller-General of Customs has submitted the following minute for advice:

Section 1A of the Treaty of Peace (Germany) Act 1919-1920 reads:

This Act shall apply to the Territories under the Authority of the Commonwealth, including any territory governed by the Commonwealth under a mandate.

2. Section 2 of the Treaties of Peace (Austria and Bulgaria) Act 1920 (assented to on the same day as the above, viz. 10 November 1920) reads: 'This Act shall apply to the Territories under the authority of the Commonwealth'.
3. The Treaty of Peace (Germany) Act 1919-1920 applies to territory governed by the Commonwealth under a mandate, e.g. German New Guinea.
4. No mention is made in the Treaties of Peace (Austria and Bulgaria) Act 1920 relative to the application of such Act to territory governed by the Commonwealth under a mandate. It would, therefore, appear that, as that Act stands at present, the Commonwealth Government has no power to deal with the property in German New Guinea of Austrian and Bulgarian nationals.
5. Clause (b) of Article 249 of the Treaty of Peace between the Allied and Associated Powers and Austria reads, inter alia:

Subject to any contrary stipulations which may be provided for in the present Treaty, the Allied and Associated Powers reserve the right to retain and liquidate all property, rights and interests which belong at the date of the coming into force of the present Treaty to nationals of the former Austrian Empire, or companies controlled by them, and are within the territories, colonies, possessions and protectorates of such Powers (including territories ceded to them by the present Treaty) or are under the control of those Powers.

6. Clause (b) of Article 177 of the Treaty of Peace between the Allied and Associated Powers and Bulgaria reads, inter alia:

Subject to any contrary stipulations which may be provided for in the present Treaty, the Allied and Associated Powers reserve the right to retain and liquidate all property, rights and interests belonging at the date of the coming into force of the present Treaty to Bulgarian nationals, or companies controlled by them, within their territories, colonies, possessions and protectorates, including territories ceded to them by the present Treaty.

7. It will be noted that the words [emphasised] in clause (b) of Article 249 of the Treaty with Austria, viz. 'or are under the control of those Powers', do not appear in clause (b) of Article 177 of the Treaty with Bulgaria.
8. (Late) German New Guinea, which has not been ceded to the Commonwealth but is being governed by the Commonwealth under a mandate from the League of Nations, may, it is suggested, be considered as 'under the control' of the Commonwealth within the meaning of clause (b) of Article 249 of the Treaty with Austria.
9. That being so, the Commonwealth would have power to legislate with reference to the property of Austrian nationals in (late) German New Guinea.
10. In view of paragraph 7 the position does not appear to be quite the same as regards the property of Bulgarian nationals in (late) German New Guinea.
11. Owing to the difference in wording between section 1A of the Treaty of Peace (Germany) Act 1919-1920 and section 2 of the Treaties of Peace (Austria and Bulgaria) Act 1920, a doubt arises as to whether under present legislation authority exists for the retention and liquidation of the property of Austrian and Bulgarian nationals in (late) German New Guinea.
12. In order that the position may be made quite clear it is recommended that the advice of the Attorney-General's Department be obtained on the matter.

I think the wording of clause (b) of Article 249 of the Austrian Treaty and of clause (b) of Article 177 of the Bulgarian Treaty is such as to confer on the Commonwealth the right of retention of the property of Austrian and Bulgarian nationals in territories governed by the Commonwealth under a mandate.

In the case of some statutes, e.g. Treaty of Peace (Germany) Act 1920, Navigation Act 1912-1920, specific provision is made that the expression 'Territories' shall include territories governed under a mandate.

With regard to New Guinea, however, its status as a 'Territory under the authority of the Commonwealth' is established by section 4 of the New Guinea Act 1920.

I am accordingly of opinion that the Treaties of Peace (Austria and Bulgaria) Act confers power to provide by regulation the machinery for enforcing the rights of the Commonwealth, under the Austrian and Bulgarian Treaties, in respect of the property in New Guinea, of Austrian and Bulgarian nationals.

[Vol.17, p. 471]