The Acting Comptroller-General and Public Trustee has requested advice as to whether A.B.C. Jnr should be regarded as being on 10 January 1920 a German national whose property, rights and interests in the Commonwealth or any Territory under the authority of the Commonwealth were subject to the charge established by regulation 20 of the Treaty of Peace Regulations (Statutory Rules 1920, No. 25).

From the file submitted the facts appear to be as follows:

1. C. was born at Tucheim in Germany on 2 March 1891, and arrived in Australia in July in the same year.
2. He left Australia on 9 March 1907 and returned to Australia on 1 March 1912.
3. During his stay in Germany he assumed his responsibilities as a German citizen and served in the German artillery and infantry for three years.
4. His father was naturalized in 1905.
5. His father went to Germany in 1907 and is still living there.

Section 10 of the Naturalization Act 1903 provides as follows:

An infant, not being a natural-born British subject-

1. whose father, or whose mother (being a widow or divorced), has obtained a certificate of naturalization; or
2. whose mother is married to a natural-born British subject or to a person who has obtained a certificate of naturalization;

and who has at any time resided in Australia with such father or mother, shall in the Commonwealth be deemed to be naturalized and have the same rights powers and privileges, and be subject to the same obligations, as a person who has obtained a certificate of naturalization.

Presuming that C. at some time resided in Australia with his father, and that his father's certificate of naturalization was not previously revoked, C. was, in my opinion, on 10 January 1920 deemed to be naturalized and his property is not, therefore, subject to the charge created by regulation 20 of the Treaty of Peace Regulations

[Vol. 18, p. 271]