The Government Printer has delivered, at Parliament House, addressed to Mr Catts, packages understood to contain copies of a reprint of Mr Catts's speech in the House of Representatives on 15 January 1918⁽¹⁾, with a cover headed with the Commonwealth Arms and the words 'Commonwealth of Australia', and on the inside of the cover a facsimile of an open letter by Mr Catts dated from 'Federal Offices, Commonwealth Bank, Sydney', and headed with the Commonwealth Arms and the words 'House of Representatives', the speech being also cross-headed throughout.

A copy of this pamphlet is forwarded for advice with the following minute by the Minister for Defence:

I wish this matter to be at once taken up with or by Attorney-General's Department. It will be seen from the attached leaflet reprinted at Government Printing Office from Hansard that the Commonwealth Coat of Arms has been used on the flyleaf indicating that the leaflet is official.

I attach copy of a letter that I have sent to the President of the Senate re parcels of this leaflet now lying at Parliament House.

The questions to be determined are:

1. Is Mr Catts M.P. entitled to use the Commonwealth Coat of Arms on this leaflet?
2. If not, what action is recommended to be taken?
3. The matter should be treated as urgent.

I do not think that the use of the Commonwealth Arms is a breach of the law as it stands. The only restriction on the use of the Arms appears to be section 113 of the Trade Marks Act, which forbids the use of the Arms by any person 'in connexion with any trade business calling or profession', and in such a manner as to be likely to lead to the belief that he is carrying on his trade, etc. under Commonwealth authority. I do not think this section is applicable.

I understand, however, that the form of the pamphlet is not in accordance with instructions issued by the Treasury in regard to reprints of Hansard speeches.

I think, however, that the issue of this pamphlet without submitting it to the censor is a breach of War Precautions Regulation 28AA.

On page 11 of the pamphlet is a statement about Japan⁽²⁾ which in my opinion contravenes War Precautions Regulation 28 (1) (a), as being a statement likely to prejudice His Majesty's relations with foreign powers.

The fact that the matter has previously been published in Hansard would not, I think, affect his liability to conviction; though it would probably be urged in mitigation. I think, however, that the republication in this pamphlet form, for broadcast circulation-and especially with the Commonwealth Arms and other matters suggesting official publication-greatly increases the likelihood of foreign relations being prejudicially affected.

I also call attention to the fact that Mr Catts in December last was convicted in Sydney on three charges under War Precautions Regulation 28 (1) (a), of making statements likely to prejudice foreign relations, and was ordered to enter into three several recognizances of £200, £100 and £100 respectively, to comply with regulation 28 (1) (a) during the war. It would appear that these recognizances are now liable to be estreated.

I think that the pamphlets can be seized under War Precautions Regulation 50, and that the fact that they are in the Parliament building does not prevent this.

Perhaps, under the circumstances, it would be advisable to inform Mr Speaker that the package contains matter which is held to contravene the War Precautions Regulations, and ask" him to detain them pending such action as is contemplated; whether this be by way of legal proceedings, or by an intimation to Mr Catts that the objectionable matter must be deleted before release.

[Vol. 15, p. 384]

(1)Commonwealth of Australia, Pearl Debates, Vol. LXXXIII, p.2955

(2)ibid., p.2963