Protecting the word ‘Anzac’

Many people would agree that there is no word more sacred to Australians (and New Zealanders) than ‘Anzac’. No word comes closer to succinctly defining how we see ourselves and our past. It’s a word therefore that’s vulnerable to misuse and exploitation.

It might come as a surprise that not only does legislation exist to protect the word but that the Regulations were passed in 1921, only a few short years after the word was coined.

The Regulations stipulate that broadly speaking, if you want to use the word ‘Anzac’ in an official or corporate manner and in particular to sell anything, you must get permission. Technically, the person whose permission you need is the Minister for Veterans’ Affairs but in practical terms that permission is delegated to staff within DVA. And the staff member whose responsibility it is to field enquiries and process requests for permission is Jen.

Jen receives hundreds of enquiries a year of which only about 80 become formal applications.

‘We have comprehensive guidelines on the website which will almost certainly clear up any confusion. They’re an excellent source of information about what is allowed, and when you need to apply for approval and when you don’t. If you have any further questions, you can email us on usewordanzac [at] dva.gov.au (usewordanzac[at]dva[dot]gov[dot]au).

‘Among the criteria we use when determining whether to recommend the delegate give permission for a product to be sold using the word “Anzac” is whether it’s purely for commercial purposes or whether it’s charitable, and whether there is a relation to the Australian Defence Force or to veterans’ organisations or a commemorative event. One example was an “Anzac bullwhip” where we struggled to see any connection to the Anzac tradition. However, Anzac biscuits is one of the rare categories where we would almost certainly recommend approving the word’s use, as long as they are traditional in style and ingredients.’

‘There are plenty of instances where you don’t need permission, as the Guidelines spell out. For instance, we get people applying to use “Anzac” for the name of their child. They don’t need permission for that.

‘Our busiest time is the first quarter of the year, in the lead-up to Anzac Day. That’s when we get most of our enquiries but also most of our complaints. A lot of people think Anzac is being misused when it’s not legally, though the use of the word might not meet community expectations.’

For instance, it’s okay for a sporting organisation to advertise that it’s holding an event on Anzac Day, if the phrase ‘Anzac Day’ is in the name – this is because this is the official name of a day, like Christmas Day. But it’s not okay to incorporate ‘Anzac’ only in the title of the event without permission.

‘People also complain about biscuits, especially around the ingredients used. We’ve adjusted our guidelines to allow for bakeries and so on to change the ingredients to meet various dietary requirements. So we don’t prescribe what has to be in Anzac biscuits though we do sometimes refer people to a traditional recipe on the Anzac Portal. We also look at Anzac biscuit tins to make sure that images aren’t used inappropriately.

‘But we still insist that Anzac biscuits are round, and that they are referred to as biscuits, not cookies and that they don’t deviate too much from the traditional recipe. Anzac slice is permissible but not such things as Anzac donuts or burgers.’

All complaints are looked in to.

‘Most businesses or individuals who might have accidentally misused the word can see why we’re doing this and will come round on their own,’ says Jen. ‘It’s an educative process and most people accept it and are sorry. The penalties are pretty steep – up to $66,000 for a breach.

‘Ultimately though, they understand that the word needs to be protected to prevent overuse and commercialisation of a word that is very special to the Australian community.’

For further information, or to apply to use the word ‘Anzac’, visit the Protecting the word ‘Anzac’ page of the DVA website (dva.gov.au/word-anzac) where you find the Guidelines.