Protection of Word "Anzac" Regulations (Amendment)

Administered by Department of Veterans' Affairs

Legislation au F1997B02177 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1959. No. 29.

 

REGULATION UNDER THE WAR PRECAUTIONS ACT REPEAL ACT 1920-1955.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Precautions Act Repeal Act 1920-1955.

Dated this thirtieth day of April, 1959.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

G. E. BARWICK

Attorney-General.

 

Amendment of the Protection of Word “Anzac” Regulations.†

The Protection of Word “Anzac” Regulations are amended by adding at the end thereof the following regulation:—

Prohibition of word “Anzac” as name of street, road or park.

“3.—(1.) A person shall not, without the approval of the Attorney-General, use, in naming a street, road or park, the word ‘Anzac’ or any word resembling the word ‘Anzac’ as the name or part of the name of the street, road or park.

Penalty: One hundred pounds.

“(2.) The last preceding sub-regulation does not apply to or in relation to—

(a) the naming of a street, road or park in which, or in the immediate vicinity of which, there is situated a public memorial relating to the war which commenced on the fourth day of August, 1914, or the war which commenced on the third day of September, 1939; or

(b) the naming or re-naming of a street, road or park the name of which at the commencement of this regulation contained the word ‘Anzac’ or any word resembling the word ‘Anzac’.”.

* Notified in the Commonwealth Gazette on 7th May, 1959.

† Statutory Rules 1921, No. 2, as amended by Statutory Rules 1921, No. 216.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

6991/57.—Price 3d.

Overview

The Statutory Rules 1959, No. 29, made under the War Precautions Act Repeal Act 1920-1955, aim to amend the Protection of Word “Anzac” Regulations by introducing stricter controls on the use of the word "Anzac" in the naming of streets, roads, or parks. Enacted by the Governor-General in Council, the regulation stipulates that any use of the word "Anzac" or any variation thereof for naming public spaces must receive prior approval from the Attorney-General, with a penalty of one hundred pounds for non-compliance. This regulation addresses the need to preserve the sanctity and historical significance of the term "Anzac," ensuring its use is appropriately respectful and contextually relevant, particularly in relation to war memorials and existing nomenclature.

Scope and Application

The amendment to the Protection of Word “Anzac” Regulations applies to all individuals and entities within the Commonwealth of Australia, prohibiting the use of the word "Anzac" or any similar word in the naming of streets, roads, or parks without the prior approval of the Attorney-General. This prohibition carries a penalty of one hundred pounds for non-compliance. The scope of the amendment ensures that the word "Anzac," which is a revered term in Australian history, is used with respect and solemnity, particularly given its association with the Australian and New Zealand Army Corps and their service during World War I and World War II. However, exceptions are made for streets, roads, or parks that already contain the word "Anzac" in their names at the time of the regulation coming into effect, as well as those located near public memorials related to the specified wars. This regulation, being under the War Precautions Act Repeal Act 1920-1955, signifies the ongoing sensitivity and respect accorded to the term "Anzac" in Australian society.

Key Provisions

The Protection of Word "Anzac" Regulations, as amended by this legislation, introduce a specific provision prohibiting the use of the word "Anzac" or any similar word when naming streets, roads, or parks (Regulation 3(1)). This prohibition requires the approval of the Attorney-General before any such names can be used, and failure to comply will result in a penalty of one hundred pounds. This regulation aims to safeguard the significance of the term "Anzac," which stands for the Australian and New Zealand Army Corps, and its association with the World War I and World War II commemorations. There are, however, exceptions to this prohibition. Firstly, it does not apply to streets, roads, or parks named after public memorials related to the wars that started on August 4, 1914, or September 3, 1939 (Regulation 3(2)(a)). Secondly, it also does not apply to streets, roads, or parks that already contained the word "Anzac" or a similar word in their names at the commencement of this regulation (Regulation 3(2)(b)). The primary obligation imposed by this legislation is on individuals or entities wishing to name a street, road, or park using the word "Anzac" or a similar term. They must obtain the approval of the Attorney-General before proceeding with such a naming. This requirement ensures that the significance of the Anzac legacy is maintained and respected. Additionally, the regulation provides a clear guideline for exceptions to the prohibition, ensuring that the Anzac legacy is preserved even in the context of existing memorials or pre-existing names. In terms of consequences for non-compliance, the regulation clearly states that a penalty of one hundred pounds will be imposed on those who fail to obtain the required approval from the Attorney-General (Regulation 3(1)). This penalty serves as a deterrent to unauthorised use of the Anzac name and ensures that the term is used appropriately in public spaces. The legislation does not specify any additional civil or criminal consequences beyond this monetary penalty. However, the severity of the penalty implies the importance of adhering to the regulation in order to avoid legal repercussions.

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