{"id":"F1997B02175","name":"Protection of Word \"Anzac\" Regulations","slug":"protection-of-word-anzac-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"2 of 1921","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29489,"registerId":"commonwealth-F1997B02175-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Protection of Word \"Anzac\" Regulations","content":"![](image.001.png)\n\nProtection of Word ‘Anzac’ Regulations\n\nStatutory Rules 1921 No. 2 as amended\n\nmade under the\n\nWar Precautions Act Repeal Act 1920\n\nThis compilation was prepared on 12 January 2001 \ntaking into account amendments up to SR 1989 No. 419\n\nPrepared by the Office of Legislative Drafting, \nAttorney-General’s Department, Canberra\n\nContents\n\nPage\n\n1 Citation \\[see Note 1\\]\n\n1A Interpretation\n\n2 Prohibition of use in trade etc of word ‘Anzac’\n\n3 Prohibition of word ‘Anzac’ as name of street, road or park\n\nNotes\n\n1 Citation \\[see Note 1\\]\n\nThese Regulations may be cited as the Protection of Word ‘Anzac’ Regulations.\n\n1A Interpretation\n\nIn these Regulations, unless the contrary intention appears:\n\n> Entertainment includes any exhibition, performance, lecture, amusement, game, sport or social gathering held or conducted for the purpose of raising money.\n\n2 Prohibition of use in trade etc of word ‘Anzac’\n\n(1) No person shall, without the authority of the Minister, proof whereof shall lie upon the person accused, assume or use the word ‘Anzac’ or any word resembling the word ‘Anzac’ in connexion with any trade, business, calling or profession or in connexion with any entertainment or any lottery or art union or as the name or part of the name of any private residence, boat, vehicle or charitable or other institution, or any building in connexion therewith.\n\n(1A) Subregulation (1) does not apply to the assumption or use of the words ‘Anzac Day’ in connection with an entertainment held on 25 April in any year or on consecutive days that include that day where those words are not used to describe or designate single events within an entertainment consisting of 2 or more events.\n\n(2) Without limiting the meaning of subregulation (1) a word shall be deemed to be assumed or used by a person in connexion with any trade, business, calling or profession if:\n\n(a) it is applied (whether as a trade mark or otherwise) to any goods manufactured, produced, sold or offered for sale by that person; or\n\n(b) it is used as the name or part of the name of any firm or company registered in Australia.\n\n(3) The Registrar of Trade Marks shall:\n\n(a) refuse to register as a trade mark any word the assumption or use of which in connexion with any trade, business, calling or profession is prohibited under subregulation (1) of this regulation; and\n\n(b) unless otherwise directed by the Minister, cancel any existing registration of any such word as a trade mark, and refuse to take any step or further step in connexion with any application for the use of any such word as a trade mark.\n\n(4) The Registrar of Designs shall:\n\n(a) refuse to register as a design any word or mark the assumption or use of which in connexion with any trade, business, calling or profession is prohibited under subregulation (1) of this regulation; and\n\n(b) unless otherwise directed by the Minister cancel any existing registration of any such word or mark as a design, and refuse to take any step or further step in connexion with any application for the use of any such word or mark as a design.\n\n(5) The Registrar-General or other proper officer of a State charged with the registration of firms and companies may:\n\n(a) permit any firm or company which has been registered under a State Act, and in the name of which there is included any word the use of which in connexion with any trade, business, calling or profession is prohibited under subregulation (1) of this regulation, to amend the name of the firm or company by the omission of that word, and, if the firm or company so desires, the substitution of any other word or words; or\n\n(b) cancel the registration of any firm or company which refuses or fails to apply within a reasonable period for the amendment of its name.\n\n3 Prohibition of word ‘Anzac’ as name of street, road or park\n\n(1) A person shall not, without the approval of the Minister, 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.\n\n(2) The last preceding subregulation does not apply to or in relation to:\n\n(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\n\n(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’.\n\n> Notes to the Protection of Word ‘Anzac’ Regulations\n\n> Note 1\n\n> Note: The Protection of Word ‘Anzac’ Regulations (in force under the War Precautions Act Repeal Act 1920) as shown in this compilation comprise Statutory Rules 1921 No. 2 amended as indicated in the Tables below.\n\n> Note: Table of Statutory Rules\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ------------------- | --------------------------------------------- |\n| 1921 No. 2 | 6 Jan 1921 | 6 Jan 1921 | |\n| 1921 No. 216 | 17 Nov 1921 | 17 Nov 1921 | — |\n| 1959 No. 29 | 7 May 1959 | 7 May 1959 | — |\n| 1962 No. 79 | 13 Sept 1962 | 13 Sept 1962 | — |\n| 1978 No. 27 | 28 Feb 1978 | 28 Feb 1978 | — |\n| 1979 No. 141 | 26 July 1979 | 26 July 1979 | — |\n| 1989 No. 419 | 8 Jan 1990 | 8 Jan 1990 | — |\n\n> Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1A................

ad. 1921 No. 216

R. 2.................

am. 1921 No. 216; 1962 No. 79; 1978 No. 27; 1979 No. 141; 1989 No. 419

R. 3.................

ad. 1959 No. 29

am. 1978 No. 27; 1989 No. 419

\n```","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1921 regulations appear to have focused primarily on commercial misuse (trade, business, trademarks). The scope expanded significantly in 1959 with the addition of Regulation 3, which introduced controls over geographic naming (streets, roads, parks). Further expansion occurred through amendments that added specific exceptions for 'Anzac Day' events (subregulation 1A, added 1978/1979) and refined the entertainment/lottery prohibitions. The legislation has grown from a simple commercial protection measure to encompass civic memorialisation, fundraising events, and geographic place-naming."},"complexity_factors":["Only 1 defined term ('Entertainment') in the interpretation section","Straightforward prohibition structure with explicit exceptions (subregulation 1A for Anzac Day events; regulation 3(2) for memorial-adjacent streets and grandfathered names)","Minimal cross-referencing—only internal references to other subregulations","No nested exceptions or conditional logic beyond single-level carve-outs","Short length (3 main regulations plus interpretation)","Clear allocation of enforcement responsibilities to specific office-holders (Registrars of Trade Marks and Designs, Registrar-General)","Reverse onus of proof in regulation 2(1) ('proof whereof shall lie upon the person accused')—unusual but clearly stated"],"plain_english_summary":"This law protects the word 'Anzac' from being used for commercial or inappropriate purposes. It makes it illegal to use 'Anzac' (or any word that looks like it) in business names, products, advertising, entertainment, lotteries, or as names for private homes, boats, vehicles, or buildings—unless you get special permission from the Minister. There are two main exceptions: you can use 'Anzac Day' for fundraising events actually held on April 25th (Anzac Day), and you can name streets, roads or parks 'Anzac' if there's a war memorial nearby or if the street already had that name before this rule existed. Government officials who register trademarks, designs, and company names must refuse or cancel any that contain 'Anzac' without ministerial approval. The law exists to prevent the exploitation of a word sacred to Australians and New Zealanders commemorating military personnel who served in wars, particularly those who fought at Gallipoli in 1915."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations remain focused on their original, narrow purpose: protecting use of the word “Anzac” in commercial and public naming contexts. Amendments over time have clarified application (for example defining \"entertainment\"), added administrative direction to registrars and included limited exceptions (Anzac Day entertainment, memorial-related place names, existing names). Those are refinements and procedural additions rather than an expansion into unrelated subject matter."},"complexity_factors":["Three substantive regulations (plus one short interpretation provision)","One defined term (regulation 1A)","Reverse onus: accused must prove Ministerial authority (regulation 2(1))","Open-ended, potentially ambiguous phrasing: \"any word resembling the word 'Anzac'\" and \"in connexion with\" (regulation 2(1))","Multiple administrative duties imposed on different offices (Trade Marks Registrar, Designs Registrar, State Registrar-General) (regulations 2(3)–(5))","Specific exceptions and grandfathering provisions (regulation 2(1A), 3(2))","Cross-jurisdictional interaction with State registries (regulation 2(5))","Historical layers of amendment (several listed amendments) increasing interpretive points"],"plain_english_summary":"**What these Regulations do (mechanically)**\n\n- The Regulations make it unlawful to use the word “Anzac” (or any word resembling it) in specified commercial and naming contexts unless the Minister gives written permission (regulation 2(1) and 3(1)).\n- The prohibition covers: use in connection with any trade, business, calling or profession; on entertainments or lotteries; as the name (or part of the name) of a private residence, boat, vehicle, charitable or other institution, or any building associated with one (regulation 2(1)).\n- A person accused of unlawful use must prove they had the Minister’s authority for the use (regulation 2(1) — the evidential burden lies on the accused).\n- “Entertainment” is defined narrowly for these Rules as an exhibition, performance, lecture, amusement, game, sport or social gathering held or conducted for the purpose of raising money (regulation 1A).\n- There is a narrow exception allowing the words “Anzac Day” to be used for an entertainment held on 25 April (or on consecutive days that include that day), provided the words are not used to describe single events within a multi-event entertainment (regulation 2(1A)).\n\n- The Registrars responsible for trademarks and designs must refuse to register any word whose commercial use is prohibited and, unless the Minister directs otherwise, cancel existing registrations and refuse further action on applications (regulation 2(3)–(4)).\n- State registry officers who register firms and companies may require a business whose name includes a prohibited word to amend the name and may cancel registration if the firm or company refuses to make a reasonable amendment (regulation 2(5)).\n\n- It is also unlawful to name (or re-name) a street, road or park using “Anzac” or a resembling word without Ministerial approval (regulation 3(1)). Two exceptions apply (regulation 3(2)):\n - Where a public memorial to the First or Second World War is located in or immediately near the street/road/park; or\n - Where the street/road/park already had “Anzac” (or a resembling word) in its name when the regulation commenced (grandfathering existing names).\n\n**Who this affects**\n\n- Businesses, sole traders and professionals who use “Anzac” in branding, product names, or trade names (regulation 2(1) and 2(2)).\n- Organisers of entertainments held to raise money and promoters of lotteries or art unions (regulation 1A, 2(1), 2(1A)).\n- Owners of private residences, boats, vehicles, charitable institutions and buildings that include “Anzac” in a name (regulation 2(1)).\n- Applicants to or holders of registered trade marks or designs and the relevant Registrars (regulation 2(3)–(4)).\n- Firms and companies registered under State law where the company name includes the word (regulation 2(5)).\n- Local councils or naming authorities that propose street, road or park names (regulation 3(1)–(2)).\n\n**Why it matters (practical effects, incentives and trade-offs)**\n\n- The Regulations limit how the word “Anzac” can be used commercially and publicly: many common branding, product-naming and naming choices are forbidden unless the Minister consents (regulation 2(1), 3(1)).\n- Compliance costs and transaction costs arise because businesses or local authorities must seek Ministerial approval or change names. Registered intellectual property (trade marks, designs) that contains the word may be cancelled unless the Minister directs otherwise (regulation 2(3)–(4)).\n- The Minister’s approval is discretionary and centralised; that discretion determines who may lawfully use the word. Because the Regulations place the evidential burden on the accused, organisations using or proposing to use the word will face legal risk until they can show authority (regulation 2(1)).\n- The rules create substitution incentives: affected parties will generally choose alternative branding or names to avoid the administrative and legal risks of seeking approval or possible cancellation of registrations.\n- The exceptions are narrow: use of “Anzac Day” for fundraising entertainments on 25 April is permitted (regulation 2(1A)); and naming streets/parks with nearby war memorials or pre-existing “Anzac” names is allowed (regulation 3(2)).\n\n**Operational points and implementation issues**\n\n- The Regulations give specific, actionable duties to registrars and State company registries to refuse or cancel registrations and to require name changes (regulation 2(3)–(5)).\n- Some key terms are open-ended (for example, “any word resembling the word ‘Anzac’” and “in connexion with”), which creates interpretation and enforcement questions about borderline cases.\n- The narrow statutory definition of “entertainment” (regulation 1A) limits the exception to fundraising-type events, not all public events.\n\n(Primary provisions cited: regs 1A, 2(1), 2(1A), 2(2)–(5), 3(1)–(2).)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-word-anzac-regulations","history":"/api/acts/protection-of-word-anzac-regulations/history","analysis":"/api/acts/protection-of-word-anzac-regulations/analysis","conflicts":"/api/acts/protection-of-word-anzac-regulations/conflicts","importantCases":"/api/acts/protection-of-word-anzac-regulations/important-cases","documents":"/api/acts/protection-of-word-anzac-regulations/documents"}}