New .au Domain Deadline: What It Means and How to Register

Commercial

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DATE PUBLISHED: September 12, 2022

key takeaways

  • Individuals and organisations with existing .au website domain names must apply for priority access before 20 September 2022 to register the new .au direct domain.
  • Failing to register before this deadline will mean your current .au domain name will be available to the public for registration.

It's time to reserve your domain name and protect your Australian business!

Individuals and organisations with existing domain names (for example, .com.au or .net.au) must apply for priority access to register the new '.au' direct domain before 20 September 2022.

If no application is made for existing domain names after this deadline, your domain name with the new '.au' direct domain format will be available to the public for registration. 


how does the '.au' domain name work?

In Australia, websites ending in '.au' signals to others that the website has a connection to Australia. .au Domain Administration Limited (auDA) develops and administers rules for domain names in Australia. Registrant companies or individuals do not own domain names. Instead, they are licensed by auDA.

Existing '.au' namespaces are used for defined purposes and sectors within Australia with stricter registration licencing rules. For instance:

  1. com.au and net.au is used only for commercial entities;
  2. org.au is used only for charities and not-for-profit organisations;
  3. edu.au is used only for registered education institutions;
  4. gov.au is used only for Commonwealth, State, Territory and local government bodies;
  5. asn.au is used only for incorporated associations, political parties, trade unions, sporting and special interest clubs;
  6. id.au is used only for individuals who are citizens or residents.  

States and Territories hold their own namespace, which is available to community groups where their geographic name is registered. For example, <bulimbagroup.qld.au> or <bulimbagroup.nsw.au>.

No matter which Australian sector you lie in, to ensure your current domain name remains yours under the new direct domain, you must apply for priority status.


How Can I Apply For Priority Status?

To apply for priority status, you must firstly hold a licence for the corresponding existing domain name. The eligibility of your existing domain name will be verified by  auDA after they receive the priority application.

If no priority application is made by 20 September 2022, that domain name will be available to the public on a first come, first served basis on 3 October 2022. 

auDA's Priority Status Tool for determining priority status for '.au' direct names is as follows:

  • Category 1: a domain name created on or before 4 February 2018; or
  • Category 2: a domain name created after 4 February 2018.

If two registrants apply for the same domain name, allocation will be determined as follows:

  • Category 1 applicants have priority over Category 2 applicants;
  • Where there are multiple Category 1 applicants, those applicants must engage in direct negotiations and agree on the allocation. Where no agreement can be reached, the '.au' direct domain name will remain unallocated; and
  • Between multiple Category 2 applicants, the '.au' direct domain name is given to the applicant with the earliest created domain name.


What are the direct '.au' domain names available now?

auDA launched the new .au direct domain name on 24 March 2022, allowing registration for direct domain names using only .au.

For example, the '.com.au' domain name is only available to commercial entities with an ABN or ACN. Whereas the new '.au' category of the domain name is available to anyone with an 'Australian presence'.

For example, <www.mcw.com.au> is now open to anyone with an Australian presence for registration as <www.mcw.au>.


What Does Australian Presence Mean?

To prove an Australian presence, a potential registrant must show that they are:

  • In Australia, such as an Australian citizen or permanent resident, an entity with an ABN, incorporated association, partnership or a company registered in Australia under the Corporations Act 2001 (Cth); or
  • The owner of or an applicant for an Australian registered trade mark.


What if I don't have an Australian presence?

An Australian trade mark application is the basis for foreign companies to satisfy the Australian presence requirement. Previously, a domain name could be chosen that was closely or substantially connected to the Australian trademark. 

However, when relying upon a trade mark to show an Australian presence, the new domain name now must exactly match the words in the trade mark application or registration. 

The words must be in the same order, excluding punctuation or articles such as 'a', 'the', 'and' or 'of'. 

For example, the trade mark owner of 'the red apple' could register for

  • <theredapple.com.au>; or 
  • <redapple.com.au>.

However, the owner could not register for

  • <theapple.com.au>; 
  • <trp.com.au>; or 
  • <applered.com.au>. 


What if i already have an established Australian presence?

If you don't need to rely on a trademark and already have an Australian presence, you will need to match (as opposed to exactly matchthe domain name you're applying for. 

The domain name being sought must be: 

  • A match for or an acronym of the company name, registered business name or their personal name
  • A match for the person's Australian trade mark; or 
  • A match or synonym of the name of a service, good, event, activity or premises provided by the applicant.

For example, eligible domain names being simply a match for the Australian owner of 'the red apple' would be:

  • <theapple.au>; or 
  • <red. au>.

An example of an ineligible domain name would be <freshapplered.au>.

conclusion

Even if you don't want to actively use the '.au' direct domain format, you should apply for priority status to stop others from registering a similar or identical name. Not registering means that the only way to get that name is through the auDA complaints process or the au Dispute Resolution Process, which is both timely and expensive.

It's important for individuals and businesses to take this opportunity to:

  • Check their domain name licence renewal period;  
  • Review their Australian presence;
  • Review any registered and/or pending Australian trademarks; and
  • Apply for a '.au' direct domain name before 20 September 2022.  

get in touch with us!

If you require any assistance or have any questions,  please fill out the enquiry form below and mention this article for an obligation-free appointment.

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