In relation to this Skeptics Q on Anzac biscuits, I have a legal-ish follow-up.
Since the government issues some "proof" (the word used in the Regulations Under the Protection of Word ‘Anzac’ Act 1920) of approval for every commercial Anzac biscuit maker, which need be presented in court if requested, what does this proof contain?
The use of Anzac is regulated by Veterans Affairs. They have documents that dictate what may be called Anzac and what not. You need to apply with specificity what you want to do and name Anzac. They can shut you down.
For the Anzac Biscuit, you have to send in your exact recipe that needs to mostly match a specific published recipe. Then they either say "That is not a deviation" or "That is not acceptable." Note that the approval is for that specific recipe you sent in, not for naming a product Anzac Biscuit in general. If you alter your recipe after you have approval, you are making something that has no approval and acting outside of your license to use the word - and thus in violation of the law.
Anzac Biscuits The use of the word ‘Anzac’ in the commercial production and sale of Anzac biscuits is usually approved, however the biscuits must not substantially deviate from the generally accepted recipe and shape, and must be referred to as 'Anzac Biscuits' or 'Anzac Slice' (not ‘Anzac Cookies’). Where a recipe or the finished product substantially deviate from the generally accepted form (e.g. include ingredients such as chocolate or fruit), the manufacturer should consider renaming them so that the word ‘Anzac’ is not used. Each year DVA declines applications for permits where products include the word ‘Anzac’ but which do not bear any resemblance to generally accepted forms of Anzac biscuits – some examples include ‘Choc Chip Anzac Biscuits’, ‘Anzac cheesecake’, ‘Anzac muffin’ and ‘Anzac sandwich’.
Recently DVA has noted a significant increase in applications to use the word ‘Anzac’ in the production of Anzac biscuits where recipes include ingredients that cater for specific dietary requirements, including gluten free and vegan ingredients. If recipes substitute ingredients for dietary requirements, this is not considered a deviation. Permission to use the word ‘Anzac’ has been granted for the production of such Anzac biscuits where ingredients have been substituted.
Anzac biscuit recipes that appear on personal social media pages/posts are considered for personal use and therefore fall outside the scope of the Regulations, as do individual Anzac biscuit recipes that are contained within recipe books that include other recipes (as opposed to a book titled for example ‘Anzac Biscuit Cookbook’, which would require permission).
You ask
Since the government issues some "proof" (the word used in the Regulations Under the Protection of Word ‘Anzac’ Act 1920) of approval for every commercial Anzac biscuit maker, which need be presented in court if requested, what does this proof contain?
I believe you have misinterpreted the regulation. According to the linked question, it says
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.
This does not say that the government issues proof to commercial Anzac biscuit makers or to anyone else. It says that anyone who is accused of using the word Anzac in connection with a trade, business, etc., without the authority of the minister bears the burden of proof that they did have the authority.
In other words, "proof" here doesn't refer to a specific piece of evidence but to the act of proving something. In addition to presenting a written document in the possession of the accused, it would also be possible to call witnesses from the ministry to testify, or to seek evidence from the ministry's own records.
You apply, they write to you saying “yes” - that’s the proof.
