The word “Anzac”
Bruce Topperwien

R

R
ecently, some ex-service organisation leaders have suggested that ‘Anzac’ should always be spelt in upper case characters and to do otherwise is to ignore the origin of the term and so dishonour the soldiers who fought to uphold the name.
While the thrust of such a proposition, at first consideration, is understandable, it overlooks the fact that Anzac is no longer merely an acronym for the Australian and New Zealand Army Corps, it has passed into history and the English language as a word in its own right, with its own meaning and connotations. It became a word almost immediately that ‘ANZAC’ was coined as an acronym and was used as a word by the Anzacs themselves. It became more than an acronym by the way in which it was used, the manner in which it was defended, and the reputation given to it, by the troops that adopted it as a descriptive and evocative word that they were proud to be associated with. Even those Australians and New Zealanders in their country’s military forces who were not formally part of the Australian and New Zealand Army Corps were proud to be known as ‘Anzacs’.
Since the earliest times, ‘Anzac’ has been used as a word. The first official use of Anzac as a word rather than as an acronym was when it became, at the request of General Birdwood, the name used by the British Forces for that piece of land occupied by the Australian, New Zealand, British, and Indian Army forces on the west coast of the Gallipoli Peninsula in 1915. Turkey officially renamed this place Anzac Cove in 1990.
The Anzac Book, which was published in 1916, was written in 1915 by the Anzacs themselves while still at Gallipoli as a Christmas souvenir. In their own writings and illustrations the word is frequently spelt as ‘Anzac’ and not ‘ANZAC’. What better evidence could there be as to the appropriate usage of ‘Anzac’? While the soldiers clearly recognised the proper acronym usage, and used it in that way in the relevant circumstances, they also recognised the fact that by their deeds and through their courage, they had brought into the English language a new word that would live forever as a memorial to their accomplishments and sacrifice.
This was recognised not only by the Australian Parliament, but also by the British Parliament shortly after the war. In 1920, the Australian Parliament enacted the War Precautions Act Repeal Act 1920, which provided that the Governor-General may make regulations ‘prescribing matters providing for and in relation to … prohibiting or regulating the use of the word “Anzac” or any word resembling the word “Anzac”.’
The Protection of Word “Anzac” Regulations, made under that Act, provide a scheme of protection and regulation of the use of the word so that is cannot be appropriated for commercial or other purposes without the Minister’s consent. The Act (in conjunction with the Crimes Act 1914) provides for fines of up to $6,000 for an individual or $30,000 for a corporation for each offence as well as imprisonment for up to 12 months.
The regulations provide as follows:
1.	These Regulations may be cited as the Protection of Word “Anzac” Regulations.
1A.	In these Regulations, unless the contrary intentions appear—
“Entertainment” includes any exhibition, performance, lecture, amusement, game, sport or social gathering held or conducted for the purpose of raising money.
2.(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)	Sub-regulation (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 sub-regulation (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 sub-regulation (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 or mark the assumption or use of which in connexion with any trade, business, calling or profession is prohibited under sub-regulation (1) of this regulation; and
(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.
(5)	The Registrar-General of other proper officer of a State charged with the registration of firms and companies may—
(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 sub-regulation (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
(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.
3.(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.
(2)	The last preceding sub-regulation does not apply to or in relation to—
(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
(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”.
Over the years there have been many approaches to the relevant Minister seeking approval for the use of the word ‘Anzac’. Most have been refused, especially if they have related to commercial enterprises. One particularly imaginative (but unsuccessful) applicant sought permission to call his product, ‘Anzac potato harvester—a great Australian Digger’. Another well-known international manufacturer of collectables had manufactured a collector’s knife named ‘The legendary Anzac knuckle knife’, purporting to be a replica of a commando knife used by Anzacs in World War 2. A check with Australian War Memorial curators revealed that a knife of somewhat similar shape (but of considerably smaller dimensions and without the intricate pattern-work of the ‘replica’) was used for a very brief time by a small number of New Zealanders, but it had never been used by Australian Forces. Not surprisingly, the application was refused by the Minister.
The Minister usually gives permission for the use of ‘Anzac’ in the name of special memorial rooms in RSL clubs or as in the name of commemorative activities or displays. Recently, there was some concern with the Minister’s approval of the Anzac Day Rugby Union Test between Australia and New Zealand. The request to use the word ‘Anzac’ was put forward with the support of the NSW Returned & Services League. Careful consideration was given to the request and the Minister’s approval was given on the proviso that due respect would be shown to the Anzac tradition by conducting an Anzac Day ceremony at the test match. The Minister considered that such an event would help promote the Anzac tradition in the wider community, in particular among those who may have had little knowledge or experience of Anzac Day. The support of the NSW RSL for the request was also an important factor in the decision. The Minister was also constrained to some extent by sub-regulation 2(1A).
In recent years, following a submission from an ex-service organisation and consultation with leaders of veterans’ organisations, the Minister, upon application, approved the use of the word ‘Anzac’ in association with ‘Anzac biscuits’. The rationale being that it is such a well known and traditional type of biscuit, mentioned in numerous cookbooks and sold at school fetes, etc, that it would be unrealistic to attempt to eliminate it from Australian society, and to do so would, perhaps, take away something traditional and recognisably Australian. The Minister has always made it a condition of his approval that the product is never to be advertised by reference to, or play upon, the traditions or values associated with ‘Anzac’ or things of a military nature.
In 1995, the Australian Parliament passed the Anzac Day Act 1995. This Act, which received bipartisan support, provides as follows:
Short title
1.	This Act may be cited as the Anzac Day Act 1995.
Commencement
2.	This Act commences on the day on which it receives the Royal Assent.
Observance of Anzac Day as the national day of commemoration
3.	The national day of commemoration to recognise and commemorate the contribution of all those who have served Australia (including those who died) in time of war and in war-like conflicts is to be known as Anzac Day and observed on 25 April each year.
This Act does not “protect” or require observance of Anzac Day, but is a declaratory statement by Parliament that 25 April each year is to be recognised as the national day of commemoration. Various pieces of State legislation provide for restriction of certain activities on Anzac Day. It is interesting to note that, in legislation, Anzac Day has been written with the word ‘Anzac’ rather than the acronym.
As mentioned above, not only has the Australian Parliament passed protective legislation, but the British Parliament has also passed legislation protecting the word ‘Anzac’ or any word resembling ‘Anzac’, such that it cannot be used in the United Kingdom without approval from either the Australian or New Zealand governments.
To attempt to replace entirely the word ‘Anzac’ with the acronym ANZAC would be tantamount to telling the world, more than 80 years after its first usage as a word, that we have been writing it wrongly all these years, that the Anzacs themselves did not know what they were doing, and that it is not a word after all but merely an acronym of a particular military unit that has long ceased to exist. The Official War Historian, CEW Bean, used the word ‘Anzac’ consistently in preference to the acronym when talking of the soldiers themselves rather than the Corps of which they were a part. This usage has been adopted consistently by virtually all other historians. To change the word from Anzac to the acronym ANZAC would be a move that would tend to lessen the importance and reputation of those who were responsible for changing it from being merely an acronym of a military unit into a word that brings with it all the connotations that the Australian and British Parliaments have enacted legislation to protect.

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Elizabeth Topperwien
Editor
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