PRODUCTION OF CONFIDENTIAL DOCUMENTS: WAR PRECAUTIONS
WHETHER DISCLOSURE OF DOCUMENTS SUPPORTING APPLICATION FOR TREASURER'S CONSENT TO FORM COMPANY MAY BE MADE TO COMPANY'S OFFICIAL LIQUIDATOR: DISCLOSURE IN COURSE OF DUTY
WAR PRECAUTIONS (COMPANIES) REGULATIONS, regs 2, 7
The Secretary to the Treasury asks for advice on the question raised in the following letter:
I beg to inform you that by an Order of the Supreme Court of New South Wales in Equity dated 31 October last 1 was appointed Official Liquidator of the above-named Company.
To enable me to complete my inquiries in connection with this matter, I shall be much obliged if you will forward to the Federal Crown Solicitor here, with instructions to allow me or my Solicitor to peruse same, the whole of the documents filed by A.B. in connection with his application to your Department for authority to float the Company.(1) My reason for asking this is that it has come to my knowledge that certain statements were made to you which are not in accordance with fact.
In my opinion in the circumstances stated the disclosure of the papers to the Official Liquidator of the Company would be a disclosure in the course of his duty within the meaning of the declaration in regulation 7(2)
The disclosure was asked for for the purposes of justice by a person holding a public office.
[Vol. 15, p. 161]
(1) Required under War Precautions (Companies) Regulations, reg.2.
(2) Reg.7 of the War Precautions (Companies) Regulations provided for the making of a Declaration
of Secrecy not to divulge information, excgt in the course of . . . duty, by o?icers concerned with
applications seeking the Treasurer's consent the formation of companies.