Opinion Number. 555

Subject

TRADING WITH THE ENEMY: CENSORSHIP
COLLECTION OF DEBTS OWED TO GERMAN BUSINESSES: REMITTANCE OF MONEYS TO GERMANY: POWER OF CENSOR TO STOP MAIL ON SUSPICION

Date

I am asked to advise on the following question submitted by the Censor:

Examination of certain mails by Censors has brought to light the fact that agents or branch offices in Australia of German firms are pressing Australian debtors for payment of outstanding accounts-the presumption being that the money so collected will be remitted to Germany probably via a neutral route.

In cases where such presumption is clear, would the Censor be justified in stopping such correspondence, as being an offence or attempted offence under the proclamation of August 7/14.

The collection of the debts is not contrary to law. Remitting the money collected to Germany would be.

Mere suspicion of an intention to remit the money to Germany would not be enough to found a prosecution for trading with the enemy.

There is nothing, however, to prevent the Censor, if his instructions go so far, from stopping correspondence on suspicion only.

[Vol. 13,p.27]