[OZAPRS] Domain rules for dstar.org.au

Tue Jan 19 23:13:28 AEDT 2021

Unless there is a new policy; My search of the auda.org.au website shows the referenced policy had an approval date of 1/7/2018 and is still current.

I had this problem with them a little while back.

There is a conflict between the domain registrars (Mine is Domain Registration Services) interpretation of the domain organisations rules and the requirements of the Australia Charities and Not for Profit commission.

That is, the Australian Charities and Not-for-profits Commission does not require all Not for profits to be registered.

I have a Not for Profit radio club that has 2 members.

It’s purpose is solely to operate Amateur repeaters and associated infrastructure and has a .org.au website.

We have adopted the Australian Charities and Not-for-profits Commission model constitution.

Under the Australian Charities and Not-for-profits Commission, such a not for profit does not need to be registered as we have no income and no liabilities, we are fully funded by our members.

I provided the constitution to the registrar and they rejected be cause I didn’t have a ACNC number.

I argued and got stroppy with them until they agreed to submit the application to the domain name people, but assured me it would be rejected.

Next day I got advised it was approved and my domain was renewed for another 5 years.

Below is what I sent them;

I have carefully read the referenced document 2012-04- Domain Name Eligibility and Allocation Policy Rules for the Open 2LDs and can see no reason for the re-registration to be rejected.

I sight the following provisions;

1.3 The policy rules set out in this document do not have retrospective effect. Domain name licences that were granted before implementation of this policy will be ‘grandfathered’ and the registrant will be entitled to renew the licence provided that there has been no change in the registrant's circumstances that affects their eligibility to hold the domain name licence. For example, if the registrant of a com.au domain name no longer holds the registered business name that they used as a basis for licensing the domain name in the first place.

This clause in the rules makes it clear that these rules are NOT retrospective and any “Domain name licences that were granted before implementation of this policy will be ‘grandfathered’ and the registrant will be entitled to renew the licence provided that there has been no change in the registrant's circumstances that affects their eligibility to hold the domain name licence”. There has been no change in the circumstances of our club since we were originally registered.

SCHEDULE F

ELIGIBILITY AND ALLOCATION RULES FOR ORG.AU

The org.au 2LD is for non-commercial organisations.

The following rules are to be read in conjunction with the Eligibility and Allocation Rules for All Open 2LDs, contained in Schedule A of this document.

1.  To be eligible in the org.au 2LD, registrants must be non-commercial organisations as follows:

a)    an association incorporated in any Australian State or Territory; or

b)    a political party registered with the Australian Electoral Commission; or

c)     a trade union or other organisation registered under the Fair Work (Registered Organisations) Act 2009; or

d)    a sporting or special interest club operating in Australia; or

e)     a charity operating in Australia, as defined in the registrant’s constitution or other documents of incorporation; or

f)      a non-profit organisation operating in Australia, as defined in the registrant’s constitution or other documents of incorporation.

2.  Domain names in the org.au 2LD must be:

a)    an exact match, abbreviation or acronym of the registrant’s name; or

b)    otherwise closely and substantially connected to the registrant, in accordance with the categories of “close and substantial connection” set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs.

All the clauses in Schedule F are “or”, that is to say we only need to comply with any one of these clauses.

Our club qualifies under “d) a sporting or special interest club operating in Australia; or” our club qualifies as a “special interest club”

Nowhere in the rules does it require the club to be registered or incorporated.

We have provided a copy of our constitution, the only document required by Australian Law for an Unincorporated Association.

If this registration is not processed and approved, can you please advise me of either;

1.	Your appeals and/or complaints procedures, or is this something I need to pursue through the auDA complaints procedure.
2.	How to transfer ALL my domain registrations to another registrar

Hope this helps.

Regards,

Peter Chaplin

 <mailto:peter at chaplin.net.au> peter at chaplin.net.au

VK3AJ

No trees were harmed in the posting of this message...however an extraordinarily large number of electrons were horribly inconvenienced.

From: OZAPRS <ozaprs-bounces at aprs.net.au> On Behalf Of David Uzzell
Sent: Tuesday, 19 January 2021 17:44
To: Australian APRS Users <ozaprs at aprs.net.au>
Subject: Re: [OZAPRS] Domain rules for dstar.org.au

Hi Darryl

Interesting. Should be plenty of clubs out there but would have thought a large club like ARNSW or ARVIC or WIA as custodians. 

Would love to see it updated and more currently fresh. 

David 
VK2DU 

On 19 Jan 2021, 17:33 +1100, Darryl Smith <darryl at radio-active.net.au <mailto:darryl at radio-active.net.au> >, wrote:

Hi all

At the moment, and for the last few years, I have been the holder of the dstar.org.au domain name. New rules are coming in requiring .org.au domain names to be held by a registered charity or non-profit, with the Charities and Non Profits commission.

Are there any clubs out there who are registered as such who are prepared to take over the ownership of the domain?

Thanks

Darryl VK2TDS
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