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Whatsapp The Anzac silk badge

For 100 years there have been laws governing use of the word 'Anzac', but despite the strict regulations, it has been the subject of routine misuse. The Law Report looks at several times the word has been used illegally.

'In terms of a national word and the international significance or international regulation that is in place for this word, "Anzac" really is one-of-a-kind,' says Catherine Bond, a senior lecturer at UNSW's law faculty.

To this day, you can't legally sell a product that has the word 'Anzac' on it without the permission from the Minister of Veterans' Affairs.

Even one of Australia's most revered pilots was unable to get permission to use the word.

The reason for this dates back almost as far as 25 April, 1915.

Mere months after Australian and New Zealand Army Corp troops landed on the beaches of Gallipoli, Australians began attempting to register trademarks for the word 'Anzac' across a range of commercial products and businesses.

It led to the government acting swiftly to restrict usage of the word, with the 1916 introduction of the War Precautions Supplementary Regulations.

'From 1 July, 1916, it became an offence to use the word "Anzac" or use a word similar to "Anzac" in trade or business,' Bond says.

'If you wanted to do that you had to apply to the governor-general for permission, and you couldn't register a trademark or a company name incorporating "Anzac".'

Breaches of the regulations, which remain in place 100 years later, were met with substantial fines and even prison time.

The regulations didn't only apply to commercial uses. As part of the War Precautions Act, Australians were prohibited from branding 'Anzac' on their home or vehicle or boat.

'This had a significant impact on the home front because there were many individuals who wished to call their home "Anzac" on account of a son who was serving, in remembrance of a loss,' says Bond, author of a soon-to-be-published book, Anzac: The Landing, the Legend, the Law.

'Given the number of serving soldiers and the number of families affected during the war, it was felt that if this was allowed to proceed, one newspaper suggested that every 10th home would be able to be called "Anzac", and then the word would lose its significance.'

Five times the word 'Anzac' was used illegally

1916: Anzac Photography Studio

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Whatsapp Advertisement for a photography studio with 'Anzac' in its name.

Not long after the regulations were introduced, the owner of a photography studio became one of the first prosecuted under the War Precautions Supplementary Regulations.

The studio on High Street, Northcote, was owned by the brother of a serving Anzac soldier, James Armstrong.

'He had been using "Anzac" as the name of his photography company and advertising it in newspapers,' says Bond.

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Whatsapp An undated newspaper opinion piece expressing support for regulating the word 'Anzac'.

'The police visited, and although he had removed much of the signage, there was still a few bits and pieces of it, photo frames, et cetera, in his store.

'He was ultimately prosecuted and fined. He appealed to the solicitor-general, Robert Garran, explaining that he had named the store after his brother who was a serving soldier, asking for the costs to be waived.

'But Mr Garran ultimately rejected the appeal on the basis that he had continued to advertise his store as an Anzac store after he had been told not to.'

1916: Anzac Cafe

Around the same time as James Armstrong's prosecution, the unfortunate Frederick Rogers was also prosecuted for the name of his business, the Anzac Cafe.

'It was an interesting case because on the face of it, it wasn't really his fault. After being told to take the word down as the name of his business, he had contacted a sign-writer to get it changed,' Bond says.

'The sign-writer hadn't prioritised the work and so he hadn't met the deadline that the police imposed, and he was subsequently prosecuted.'

1935: Anzac Aeroplane

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Whatsapp Sir Charles Kingsford Smith's plane before he painted over its title.

Even pioneering aviator Sir Charles Kingsford Smith was caught by the laws, after painting the word 'Anzac' on his plane in 1934.

'He didn't realise at the time that he needed permission from the attorney-general's department in order to do that,' Bond says.

'The plane was going to be flown as part of the Centenary Race celebrating the centenary of the permanent settlement that would become Victoria.

'But his application was very quickly denied. It's unfortunate, and there are newspaper reports that talk about this fact that he had served at Gallipoli in the Australian Imperial Force.

'He was a Gallipoli Anzac in that important sense, in the way it was being used in that time. His application, unfortunately, was denied. He had to paint over the word "Anzac".

'He didn't end up being in the race though due to technical difficulties with the aircraft, but it's interesting that even one of Australia's most revered pilots was unable to get permission to use the word.'

2015: Woolworths 'Fresh in our Memories' Anzac campaign

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Whatsapp The Woolworths campaign was pulled prior to the Anzac Day Centenary.

Supermarket giant Woolworths was the source of widespread public derision over their 2015 'Fresh in Our Memories' campaign.

Designed as a play on the phrase 'Lest We Forget' and their own branding as the 'Fresh Food People,' the 'Fresh in our Memories' website was quickly shut down after strong criticism across social media.

Speaking to ABC Radio at the time, Minister for Veterans' Affairs Michael Ronaldson said the supermarket had not abided by the century-old regulations.

'It was not appropriate, they did not have permission and, under the Protection of Word Anzac Act, I've got to authorise the use of the word Anzac and I did not provide it for those who are looking for purely commercial benefit,' he said.

2015: Zoo Weekly's 'Anzac Centenary' edition

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Whatsapp Zoo Weekly's ad campaign for their special 'Anzac Centenary issue'.

A week after Woolworth's ill-fated campaign, the now-defunct 'lads magazine' Zoo Weekly suffered similar criticism over its 'Anzac Centenary' commemorative issue.

Online advertisements using the word 'Anzac' were eventually pulled, but the edition, which featured bikini-clad models holding poppies, was still sold in stores.

In a statement to the ABC's Media Watch, a Department of Veterans' Affairs spokesperson said: 'Zoo Magazine did not seek permission from the Minister for Veterans’ Affairs to use the word Anzac in association with their commemorative issue.'

Listen to the full episode This year marks a century since Anzac became the most regulated word in the world. The Law Report examines its rampant misuse over the past 100 years.

Subscribe to The Law Report on iTunes, ABC Radio or your favourite podcasting app.

