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Protection of Word 'Anzac' Regulations

Statutory Rules 1921 No. 2 as amended

made under the

War Precautions Act Repeal Act 1920

This compilation was prepared on 12 January 2001
taking into account amendments up to SR 1989 No. 419

Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Contents
Page

 1 Citation [see Note 1]
 1A Interpretation
 2 Prohibition of use in trade etc of word 'Anzac'
 3 Prohibition of word 'Anzac' as name of street, road or park

Notes

1 Citation [see Note 1]

  These Regulations may be cited as the Protection of Word 'Anzac' Regulations.

1A Interpretation

  In these Regulations, unless the contrary intention appears:
Entertainment includes any exhibition, performance, lecture, amusement, game, sport or social gathering held or conducted for the purpose of raising money.

2 Prohibition of use in trade etc of word 'Anzac'

 (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.

 (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.

 (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:
 (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
 (b) it is used as the name or part of the name of any firm or company registered in Australia.

 (3) The Registrar of Trade Marks shall:
 (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
 (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.

 (4) The Registrar of Designs shall:
 (a) refuse to register as a design any word