Did you know there is legislation governing the use of the term “ANZAC”?

In the lead up to Anzac day its important to note that if you are contemplating running a promotion or event incorporating the word “ANZAC” that you comply with the legal requirements for use of this acronym.

Whether used in the title of events, promotions, fundraisers, goods or otherwise there are laws which regulated its use. The laws aim to prevent any misuse or disrespectful use of the word ANZAC, including use for commercial gain. New Zealand has similar legislation requiring the Ministry of Culture and Heritage to give permission to use the word ‘Anzac’.

In Australia, these laws state that you must obtain consent from the Minister of Veterans’ Affairs for any use of the word ANZAC. There are however limited circumstances in which consent is not required. Some instances of when consent is not required include:

  • use of the words ‘Anzac Day'(must include both ‘Anzac’ and ‘Day’) in connection with an event held on 25 April or on consecutive days including 25 April;
  • naming a street near a first or second world war memorial;
  • naming a memorial;
  • naming a child or pet;
  • writing an unprofessional historical book or poem; and
  • overseas use.

The fines are significant if a person or business does not comply with this legislation! Individuals could face a penalty of up to 12 months imprisonment and a fine of $10,200 and a company could receive a fine of up to $51,000.

What about Anzac Biscuits?

Anzac Biscuits are a favourite treat for many and are the only approved commercial use for the word ‘Anzac’. As such, you can use the word Anzac Biscuit commercially, provided you:

  • do not substantially change the recipe (may substitute ingredients for allergies);
  • label them ‘Anzac Biscuits’, not any other variation such as ‘Anzac Cookies’; and
  • ensure all advertising is respectful.

If you need assistance with your compliance requirements or preparing your application, do not hesitate to contact me at rosalyn@gladwinlegal.com.au or give me a call on 1300 033 934 for a no-obligation quote.