The Minister for Trade and Customs:

The Comptroller-General of Customs has submitted the following minute to the Minister:

I have instructed the Collector to allow vessels (Russian or otherwise) to clear with wheat or grain. Such articles are contraband only when being taken (without doubt) to a belligerent for the purpose of supporting his troops and so far as the Customs are concerned so long as our requirements are complied with I do not think we can interfere in such cases. Moreover there is no reason why Australia should not profit by the present demand.

The Minister for Trade and Customs asks to be advised on the question.

In my opinion trade by private individuals in wheat and grain, even though destined for ports of a belligerent power, is not a matter in which a neutral state is under any obligation to interfere. If the rules as to contraband are infringed, the belligerent affected has its recognised rights of dealing with the matter-which is one purely between the belligerent, state and the neutral individual. This is not a case of allowing neutral ports to be used as a base of warlike operations. See Hall, International Law, Chapter IV,§§ 19-25.

I therefore think that the instructions issued by the Comptroller-General are not open to objection.

[Vol. 4, p. 173]