Protection of Word "Anzac" Regulations

Overview

The Protection of Word ‘Anzac’ Regulations 1921, as amended, were enacted under the War Precautions Act Repeal Act 1920 to address the need to protect the sanctity and significance of the word 'Anzac', which stands for the Australian and New Zealand Army Corps, and to prevent its misuse or commercialisation. The regulations were designed to ensure that the word is not inappropriately used in trade, business, or entertainment contexts, or as the name of streets, roads, or parks, unless expressly permitted. The enacting body for these regulations was the Parliament of Australia, and the policy objective is to safeguard the word 'Anzac' as a symbol of national pride and remembrance, particularly in relation to the sacrifices made by the soldiers of the Australian and New Zealand Army Corps during World War I and other conflicts. The regulations prohibit the use of the word 'Anzac' or any similar word in trade or business without the Minister's approval, including in the names of firms, companies, private residences, boats, vehicles, institutions, or in the context of entertainments or lotteries. Exceptions are made for the use of 'Anzac Day' in relation to commemorations on or around 25 April. Additionally, the regulations prevent the naming of streets, roads, or parks with the word 'Anzac' unless approved by the Minister, with exceptions for areas where there is a public war memorial. These provisions reflect a broader effort to maintain the integrity and reverence associated with the term 'Anzac' in Australian society.

Scope and Application

The Protection of Word ‘Anzac’ Regulations, made under the War Precautions Act Repeal Act 1920, primarily serve to protect the sanctity and solemn significance of the term "Anzac" by prohibiting its inappropriate commercial or public use. These regulations apply to any person or entity engaging in trade, business, calling, profession, entertainment, lotteries, or art unions, or those naming private residences, boats, vehicles, charitable or other institutions, or buildings. The application of these regulations is national in scope, extending across all jurisdictions in Australia, and they impose strict limitations on the use of "Anzac" or any word resembling it in various contexts. There are, however, specified exemptions, such as the use of "Anzac Day" in connection with appropriate commemorative events on or around 25 April. Furthermore, these regulations extend to prohibiting the use of "Anzac" in naming streets, roads, or parks unless specific conditions are met, such as the presence of a war memorial in the vicinity or if the name already contained the word "Anzac" at the commencement of these regulations. The regulations also outline the responsibilities of various registrars and officers to enforce these prohibitions, including the refusal or cancellation of registrations for trademarks, designs, and business entities that contravene the provisions.

Key Provisions

The Protection of Word 'Anzac' Regulations, made under the War Precautions Act Repeal Act 1920, govern the use of the word 'Anzac' in various contexts. According to Regulation 2, no person can use the word 'Anzac' or any word resembling 'Anzac' in connection with any trade, business, calling or profession, entertainment, lottery or art union, or as the name or part of the name of any private residence, boat, vehicle, charitable or other institution, or any building in connection therewith without the authority of the Minister. Regulation 2(1A) allows for the use of the words 'Anzac Day' in connection with an entertainment held on 25 April or on consecutive days that include that day, provided the words are not used to describe or designate single events within an entertainment consisting of two or more events. Regulation 2(2) clarifies that a word is deemed to be assumed or used by a person in connection with any trade, business, calling or profession if it is applied as a trademark or otherwise to any goods manufactured, produced, sold or offered for sale by that person or if it is used as the name or part of the name of any firm or company registered in Australia. The Regulations impose certain obligations on the parties or entities they govern. For example, the Registrar of Trade Marks is required to refuse to register as a trademark any word the assumption or use of which in connection with any trade, business, calling or profession is prohibited under Regulation 2(1). Similarly, the Registrar of Designs must refuse to register as a design any word or mark the assumption or use of which in connection with any trade, business, calling or profession is prohibited under Regulation 2(1). Additionally, the Registrar-General or other proper officer of a State charged with the registration of firms and companies may permit any firm or company to amend its name by omitting any word the use of which in connection with any trade, business, calling or profession is prohibited under Regulation 2(1) and, if the firm or company so desires, the substitution of any other word or words. Furthermore, the officer may cancel the registration of any firm or company that refuses or fails to apply within a reasonable period for the amendment of its name. The Regulations also include provisions regarding the consequences of breaching their provisions. Specifically, Regulation 3 prohibits a person from using, in naming a street, road or park, the word 'Anzac' or any word resembling 'Anzac' as the name or part of the name of the street, road or park without the approval of the Minister. However, this prohibition does not apply to 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 to 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 'Anzac'. While the Regulations do not explicitly state any penalties for breach, it is likely that a breach of their provisions could result in legal action being taken against the offender.