The Secretary, Department of Defence, has forwarded the following memoran-dum asking for advice:

For favour of advice. The Oberhausen is a German vessel which was loading with timber at Port Huon (Tasmania). On the declaration of hostilities between Great Britain and Germany, she was brought round to Hobart and is being detained there under the conditions of the proclamation published in the Gazette of today's date.

In a telegram received this morning from the Collector of Customs at Hobart reporting the arrival of the Oberhausen at that port he states: 'Master does not desire take advantage three days' grace. Will remain in port'.

A copy of the Instructions (Secret) sent to detaining officers with regard to the Treatment of Neutral and Enemy Ships in Time of War⁽¹⁾ is enclosed for retention by you during the war, for reference in any future cases that may be referred to you for advice.

As the master of the vessel in question does not desire to take advantage of the three days' grace, the vessel should be detained for the period of the war, and action taken (as indicated in paragraphs 20 and 21 of the Instructions regarding the Treatment of Neutral and Enemy Merchant Ships in Time of War) with regard to the captain, officers, and members of the crew who are subjects or citizens of the German Empire.

[Vol.13, p. 1]

(1) Instructions drawn up by the Overseas Defence Committee and approved by the committee of Imperial Defence on 25 April 1912.As recommended by the Overseas Defence Committee, the Instructions were adopted by the Government of the commonwealth on the advice of its Councli of Defence.Responsibility for the detention of vessels in accordance with the Instrucation was given to the Department of the Tread and Custom,with assistance as required from the Naval and Militry authorities.