[OZAPRS] Domain rules for dstar.org.au

Wed Jan 20 08:32:15 AEDT 2021

Hi Max,

Thanks for the updated rules.

So, an alternative they give is to change the domain to asn.au which will retain the existing rules for Sporting Clubs and Special Interest Groups.

What action is required

If you are affected by the rule change, you may wish to register a similar name in the asn.au namespace as your org.au name will not be able to renewed after the new rules commence.   

Alternatively, consider another legal structure for your organisation that complies with the definition of a not-for-profit entity in the .au Licensing Rules.

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 Max Bainrot
Sent: Wednesday, 20 January 2021 08:09
To: Australian APRS Users <ozaprs at aprs.net.au>
Subject: Re: [OZAPRS] Domain rules for dstar.org.au

Hi Peter/Darryl,

As a former provisioning officer (basically a domain registration meatbag automation) from a web hosting company albeit from 10 years ago, I'll put in my 5 cents.

So reading the policy changes summary (https://www.auda.org.au/au-domain-names/new-au-licensing-rules/orgau-rule-changes) it looks like they've dropped schedule f, section 1 point (d) which would be what your club would fall under. This makes things difficult as sadly they've spelled out the eligibility criteria and in the org.au/asn.au <http://org.au/asn.au>  namespace, they do enforce it with an iron fist.

What you went through originally is pretty much a standard process. I actually was similarly strict when processing requests too as I wanted to try and prevent my clients going through the review process as it was quite the ordeal back then.

Domain registrars tend to prefer easy eligibility criterion numbers that can easily be looked up so that should auDA raise an issue with a domain during their audits (which they do semi-regularly) the registrar can easily defend their customer. Furthermore eligibility criteria are one of the common points (atleast back in my time) that people with an axe to grind would use to try and get the domain blapped. By having a simple number, once it would get escaliated to auDA (as these types would ALWAYS escaliate to auDA), auDA could then take one look at the complaint and shoot it down straight away. If the eligibility criteria was fuzzy/edge case like yours then auDA would need to do an investigation. If it was found to be wrong the registrar would get their backside kicked by auDA, particularly if it was in the org.au/asn.au <http://org.au/asn.au>  namespace.

Reading the document that they have provided (linked above), how they've spelled out their intents does pretty much mean it's shit outta luck :(. They have always been really strict with the org.au/asn.au <http://org.au/asn.au>  namespace and they've even started to be more strict with the .id.au namespace too (new rules kick in later this year after the first batch).

Now the complication with asking someone to adopt the .org.au with not-for-profit status is the name eligibility criteria and the registrant id.

If you are able to find an eligible club who can adopt the domain, then you will need to (with them) undertake this https://www.auda.org.au/policy/transfers-change-registrant-policy so that the registrant ID is updated, as in it's current state it will get flagged (as it's an ABN) when auDA does a crackdown on the org.au space after the policy change takes affect. Also no idea if there is a fee associated with change of registrant process, back when I did it, the mob I worked for charged $120 for it but it may be more/less these days, again it's been over a decade since I did that for a living so it may be more streamlined/automated now-a-days.

Apologies if my email is a little broken/rambly, I haven't had my coffee yet so don't have a corum of brain cells rubbing yet.

And sorry I couldn't come up with a more positive/helpful workaround to this, the auDA policy is pretty water tight :(

Cheers and 73s

Max - VK2NMF

On Tue, 19 Jan 2021 at 23:13, <vk3aj at chaplin.net.au <mailto:vk3aj at chaplin.net.au> > wrote:

Unless there is a new policy; My search of the auda.org.au <http://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 <mailto: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 <mailto:ozaprs at aprs.net.au> >
Subject: Re: [OZAPRS] Domain rules for dstar.org.au <http://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 <http://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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