Changes to .org.au Domain Names

On 12 April 2021 a new set of rules for the .au country code Top Level Domain (ccTLD) - the .au Domain Administration (auDA) Rules - took effect.

The new rules contain a range of changes which affect some current registrants of org.au domain names.

When the new rules will apply to org.au
org.au domain names created, transferred or renewed on or after 12 April 2021 are subject to the new licensing rules.

If the current licence period for your org.au domain name began before 10:00 AEST 12 April 2021, the legacy published policies in place at the start of your current licence period apply. If you renew your .au name the auDA Rules will apply.

Changes to the org.au eligibility rules – defining a not-for-profit
To be eligible to register an org.au domain name you must be a not-for-profit organisation. The definition of a not-for-profit organisation has been updated.

This definition now contains 11 categories of eligible organisations:

• an Incorporated Association under State or Territory legislation;
• a Company limited by guarantee under the Corporations Act 2001(Cth)
• a Non-distributing co-operative registered under State or Territory legislation;
• an Indigenous Corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006(Cth) and which appears on the Register of Aboriginal and Torres Strait Islander Corporations;
• a Registered Organisation that is:
  (a) an association of employers;
  (b) an association of employees (union); or
  (c) an enterprise association;
• registered under the Fair Work (Registered Organisations) Act 2009(Cth) and which appears on the Register of Organisations;
• a Charitable trust endorsed by the Australian Taxation Office as a Deductible Gift Recipient;
• a Non-trading cooperative under State or Territory legislation;
• a Public or Private Ancillary Fund endorsed by the Australian Taxation Office as a Deductible Gift Recipient;
• an unincorporated association that appears on the Register of Charities established under the Australian Charities and Not for Profit Commission Act 2012(Cth);
• a Political Party registered under the Commonwealth Electoral Act 1918(Cth) or State or Territory Electoral Act and which appears on the Register of Political Parties or as otherwise named; or
  Government, being either the Crown or a Commonwealth, State or Territory statutory agency.\

The following kinds of organisations are new to this definition:

• Indigenous corporations;
• Co-operatives;
• Registered state and territory political parties; and
• Government, being either the Crown or a Commonwealth, State or Territory statutory agency.

Unincorporated associations

Under the auDA rules unincorporated associations are not eligible to hold org.au names. The only exception is where an unincorporated association appears on the Australian Charities and Not for Profit Commission’s (ACNC) Register of Charities.

However, registrants of org.au names using an unincorporated association as the basis for their eligibility may be still eligible for their org.au name if they meet the definition of a not-for-profit a different way.

Who is affected by this change?
Registrants of org.au names using an unincorporated association as the basis for their eligibility (except where that unincorporated association appears on the ACNC Register of Charities).

Actions you can take if this change affects you
There are a number of courses of action you can take depending on your circumstances. You will need to assess which is the best option for your situation.

Check if you meet another category of not-for-profit entity
You should first check whether you meet the definition of a not-for-profit entity in the licensing rules through any of the other categories, and update your registrant details via your registrar.

If you’re unsure about what kind of entity your organisation is, a good place to start is by searching for your organisation on the ASIC registers or the Australian Business Register.

Register in the asn.au space
Unincorporated associations are eligible to register in the asn.au namespace. You may wish to consider registering a name which is the same or a similar to your org.au name in the asn.au namespace, subject to its availability.

Consider a new legal structure for your organisation
You can consider changing the legal structure for your organisation to meet the definition of a not-for-profit entity, such as by becoming an incorporated association in your state or territory, or becoming a company limited by guarantee.

While we can’t offer advice on what legal structure is best for your situation, organisations like Justice Connect offer free advice and resources on these matters.

Changes to the org.au allocation rules
Allocation rules determine what name you can register in a namespace and how it must relate to you as a registrant.

The rules around what org.au name you can choose have been broadened to allow for a wider range of names to be used by eligible org.au registrants.

Under the auDA rules, an org.au name must be:

(a) a match or synonym of the name of:

i. a service that the Person provides;
ii. a program that the Person administers;
iii. an event that the Person registers or sponsors;
iv. an activity that the Person facilitates, teaches or trains;
v. premises which the Person operates;
vi. an occupation that its members practise;

b) and which that Person is providing at the time of the application; or
c) a match of the Person’s legal name, business or statutory name or the name of the unincorporated association; or
d) a acronym of the Person’s legal name, business name, or statutory name; or
e) a match of the Person’s Australian Trade Mark; or
f) a match to the name of a trust of which the Person is a trustee.

This rule replaces the ‘close and substantial connection’ rule in place in the legacy published policies.

Who is affected by the change in allocation rules?
This rule applies to not-for-profit entities wishing to register, renew or transfer names in the org.au namespace.

If you have any further questions, please reach out to our Customer Care team.