The Secretary, Department of Defence, has asked for advice as to whether the lighters and vessels named in the attached list⁽¹⁾, which are lying in Sydney Harbour and which it is understood are the property of the New South Wales Stevedoring Company and the Stevedoring and Shipping Company can be used by the naval authorities for defence purposes.

Some of the vessels in question are shown on the Register of Australian and New Zealand shipping for 1914/1915, though in some cases as belonging to other owners than the Companies above mentioned. In other cases the vessels are not shown on the Register, and may possibly not be registered.

The vessels which are registered are British vessels. The vessels which are not registered are also British vessels if they are owned wholly by British subjects or by bodies corporate established under and subject to the laws of New South Wales. So long, therefore, as they take no action hostile to the British Empire which brings them within the jurisdiction of the Prize Courts, no action for their condemnation or for their temporary delivery to the Admiralty can be instituted by the Crown.

They may of course be requisitioned under section 67 of the Defence Act, but in that case compensation must be paid in accordance with the regulations.

[Vol. 13, p. 407]

(1) List omitted.