Will your Australian domain name be affected by the new domain Rules commencing in April 2021? If you prefer you can watch a video of this article content at https://legallypaula.com.au/
Domain Administration Rules – apply to all Australian domain name registrations including .com.au, net.au and .org.au.
New Rules will apply to any Australian domains registered after 12 April 2021. They will not yet apply to existing registrations but they will apply the next time your domain name is renewed.
One continuing requirement for a registrant is that it must have an Australian presence such as having an ABN or being an Australian company. If you have an existing .au domain name you have likely met this criteria.
Another way is to own a trademark. But the New Rules have tightened the trademark exception which now requires the domain name to be an exact match of the words in the trademark. So if your domain name is pinkbucketshop.com.au your trademark would have to be pinkbucketshop and not pinkbucket or bucketshop.
Another new rule will prohibit registrants from renting, leasing, sub-licensing or permitting use of their .au domain names to third parties unless it is a related body corporate with an Australian presence. Let’s take an international Franchise. Redirecting the Australian website to the overseas main site may be considered use of the .au domain name by the overseas entity. In general, parties who hold domain names but rent or permit others to use them will need to re-assess these arrangements.
And since we are on the topic of domains here are 5 quick facts concerning Australian domain name regulation:
*Use of a domain name is by way of a licence – you do not own your domain name outright.
*A person applying for a domain name must be a commercial entity.
*A domain name must be at least 2 characters long.
*It can only contain letters, numbers and hyphens. A name like legal+.com.au will not qualify.
*Only a non profit entity can apply for a .org.au namespace
Your domain name may not be affected by the New Rules but if you want to confirm whether your domain name remains safe seek legal advice. If you want more information, feel free to contact us at https://legallypaula.com.au/