Introduction
On April 12, 2021, changes to the Australian domain name rules were introduced. These rules affect any domain names created, transferred, or renewed on or after this date. This guide will briefly explain what a domain name is before explaining the main new rules you should be aware of. Then, we’ll summarise it all for you at the end.
What is a domain name?
A domain name is built out of a country-specific domain, and additions to the left of this domain called the ‘namespace’. We’ll break down what these two things are.
Country-specific domain
A domain name is basically an internet address used to identify websites and emails which you can register for your own use. There is always a top-level domain (‘TLD’) at the far end of these addresses. These can be country specific and we call them country-code top-level domains (‘ccTLD’). The Australian one is ‘.au’. However, there is a general requirement that you have an Australian presence to register any domain name with ‘.au’. An Australian presence basically means things like you are an Australian citizen or you have an Australian registered company.
Namespace
We call additions to the left of the Australian ccTLD a ‘namespace’. In fact, these two things put together form the internet address which we refer to as a domain name. Once registered, you can add more things to the left of your domain name. This creates a sub-domain and doesn’t need to be registered. For example, ‘me.johnsmith.com.au’ is a sub-domain of ‘johnsmith.com.au’. All domain names using the Australian ccTLD are managed by the .au Domain Administration (‘auDA’). Therefore, we’re going to be focusing on the auDA rules changes in this guide. However, if you plan to use endings like ‘.com‘ for your domain name, check out the ICANN policies instead.
Using and managing domain names
There are two key changes to the domain name rules affecting how you can use and manage domain names. The first relates to third party uses of domain names. The second is a new requirement that you have the ‘contractual capacity’ to hold domain names.
Third-party uses
Under the new rules, renting, leasing, or sub-licencing domain names is expressly prohibited (rule 2.11.11). Additionally, selling or leasing sub-domains is expressly prohibited as well (rule 2.11.9). Previously, only resale of domain names in certain circumstances was prohibited.
Contractual capacity to hold domain names
The new rules have introduced a specific contractual capacity requirement to hold domain names. In the old rules, it was only necessary to demonstrate an Australian presence to hold a domain name. Now, you must also specifically maintain the capacity to hold the domain name (rule 2.11). For example, if your Australian presence is based on you having a de-registered Australian company, you can’t hold a domain name.
Changes to ‘com.au’ and ‘net.au’ domain names
There are two main changes to who can use ‘com.au’ and ‘net.au’ domain names. The first relates to the scope of eligible registrants. The second relates to using trademarks to establish an Australian presence.
Eligible registrants
In the old rules, you could only establish an Australian presence for these domain names as a registered company if you were that company. Now, you can apply on behalf of a related company who also has an Australian presence (rules 2.2.8 and 2.4.2). Additionally, the new rules allow a wealth of Commonwealth bodies and statutory entities to hold these domain names (rules 1.4 and 2.4.4).
Australian presence requirement with trademarks
In the old rules, you could establish an Australian presence by having a registered trademark. If you did so, your domain name could have been an abbreviation or acronym of that trademark, or something sufficiently similar. The new rules however require your domain name to be an exact match (rules 1.4, 2.4.4 and 2.4.5).
Changes to ‘org.au’ domain names
There are two main changes to the domain name rules for using ‘org.au’ domain names. The first relates to the scope of eligible registrants. The second relates to eligible names.
Eligible registrants
To be eligible for a ‘org.au’ domain name, you must be a not-for-profit organisation. The definition of not-for-profit organisation has been updated in the new rules. It now includes Indigenous corporations, co-operatives, registered political parties, and government agencies. It no longer includes unincorporated associations (rules 1.4 and 2.4.6).
Eligible names
In the old rules, you could only use an exact match, abbreviation or acronym of your organisation name, or something sufficiently similar. In the new rules, there is a broader range of eligible names. For example, you can use a synonym of a program your organisation administers. Alternatively, you can use a match of a trademark you have registered (rule 2.4.6).
Changes to state and territory domain names
The final main change to the domain name rules relates to the eligible registrants for state and territory domain names. These are domain names ending with things like ‘nsw.au’. In the old rules, these domain names were only available to community groups. They are now additionally available to ‘peak state and territory bodies’ (rule 2.4.9). These are basically not-for-profit state and territory bodies established for community purposes (rule 1.4).
Conclusion
In summary, the new changes affect both the scope of eligible registrants and eligible names for domain names. You should check out the new rules if you have or want a domain name ending with ‘com.au’, ‘net.au’, ‘org.au’ or ‘.[state].au’. We’ve set out the main new rules above. However, we recommend checking out the new rules in more depth. Also, note that there are still some changes yet to be implemented, such as for domain names ending with ‘id.au’. If you are concerned about the legal implications of any of these rules, we recommend connecting with a lawyer to help you out.
