Reserved List policy: Notice and FAQ

Public Notice: Domain Names Restricted Under Australian Law

 

Public notice: Domain names restricted under Australian law

Issue: There may be .au domain names registered containing words, phrases, acronyms or abbreviations restricted for use under Australian law. .au Domain Administration Ltd has published a revised Schedule to the Reserved List Policy. This Schedule is not exhaustive and there may be other names prohibited or restricted under Australian law.

Action: Registrants are encouraged to check whether their domain name/s contain any words, abbreviations, acronyms or phrases appearing on the Schedule. If a name appears on the Schedule, registrants should seek independent legal advice on appropriate action. auDA cannot provide legal advice.

Information: For information call 1300 934 014 or visit www.auda.org.au/reservednames

 

FAQ

 

Why has auDA issued a Public Notice about the Reserved List?

auDA has issued a Public Notice to inform all registrants, and potential registrants, that it has updated Schedule A of the Reserved List Policy. Schedule A contains a non-exhaustive list of words, phrases, and acronyms whose use is restricted under Australian law.

Why update the list of restricted words, phrases, and acronyms (Schedule A) now?

The Policy Review Panel, an independent advisory panel to the auDA Board, has released an issues paper: Registrant Policy: Enabling Australia’s digital Economy and society, which contains an expanded list of words, phrases or acronyms whose use is restricted under Australian Law, except in certain circumstances. The Panel released the paper on 25 January 2018.

My domain name does not contain any of the words, phrases or acronyms in Schedule A. Do I need to take any further action?

Schedule A of the Reserved List contains a non-exhaustive list of words, abbreviations or phrases whose use is restricted under Australian law, except in certain circumstances. There may be other Commonwealth, State and Territory legislation that restricts the use of certain words, phrases or acronyms. It is the responsibility of the registrant to ensure that the domain name they register complies with Australian law.

My domain name contains a word, phrase or acronym on the list, what should I do?

If your domain name contains a word, phrase or acronym that appears on the list at Schedule A, you should seek independent legal advice on what, if any, action is necessary to ensure that your use of the domain name complies with Australian law.

Why can’t auDA tell me if I can use the domain name?

auDA is unable to provide legal advice. The legislation is very complex, and it is often the use of the word, phrase or acronym that attracts the restriction, such as use for commercial purposes, or by a professional body.

auDA is unable to assist or advise registrants on the steps that they need to take to comply with their legal obligations.

Can I continue to use the domain name while I take the necessary action?

You will need to seek independent legal advice on your continuing use of a domain name containing a restricted word, phrase or acronym.

I am legally entitled to use the word, phrase or acronym - what do I do?

If you believe that you are legally entitled to use the word, phrase or acronym in a domain name, you will need to provide their registrar with, if applicable:

  • a copy of the Ministerial consent to use the word, phrase or acronym
  • evidence that you are an entity or person permitted to use the word, phrase or acronym, such as Medicare
  • evidence that the restriction does not apply to your use of the domain name.

Once the registrar is satisfied with the documentation from the registrant, the registrar should contact auDA at  info@auda.org.au, and auDA will instruct the registry to remove the locks if the documentation is sufficient.

Why can’t I transfer my domain name?

auDA has placed a lock on domain names that contain words, phrases or acronyms which appear on the list in Schedule A to prevent the transfer of these names to third parties. auDA will remove the lock where registrants can provide the requisite consent, or demonstrate that the use of the domain name does not attract the restriction.

Why can’t I renew my name?

All words, phrases or acronyms on the list at Schedule A have been blocked from registration at the Registry. If you believe that you should be able to renew the domain name, you will need to demonstrate to your Registrar and auDA that you have Ministerial consent to use the domain name or your use of the domain name does not attract the restriction.

Where can I obtain independent legal advice?

You may want to contact your State or Territory law association for a referral. auDA is unable to recommend law firms or practitioners.

Which Minister has responsibility for the legislation?

 

Minister

Department

Legislation

Minister for Agriculture and Water Resources

Department of Agriculture and Water Resources

Agricultural and Veterinary Chemicals Code Act 1994

Minister for Infrastructure, Transport and Regional Development

Department of Infrastructure, Regional Development and Cities

ANL Act 1956

Minister for Communications and the Arts

Department of Communications and The Arts

Australian Communications and Media Authority Act 2005

Australian Grand Prix Corporation

Australian Grand Prix Corporation

Australian Grand Prix Act 1994 (Vic)

Minister for Health

Department of Health

Australian Hearing Services Act 1991

Major Sporting Events (Indicia and Images) Protection Act 2014

Treasurer

Department of Treasury

Banking Act 1959

Minister of Defence

Department of Defence

Defence Regulations 2015

Geneva Convention Act 1957 (Part IV)

Attorney-General

Attorney-General’s Department

Family Law Regulations 1984

Minister for Human Services

Department of Human Services

Human Services (Centrelink) Act 1997

Human Services (Centrelink) Regulations 2011 (reg 6)

Human Services (Medicare) Act 1973

Minister for Foreign Affairs

Department of Foreign Affairs and Trade

International Organizations (Privileges and Immunities) Act 1963

Minister for Industry, Science and Technology

Department of Industry, Innovation and Science

Olympic Insignia Protection Act 1987

Minister for Veteran Affairs

Department of Veteran Affairs

Protection of Word “Anzac” Act 1920

Minister for Education

Department of Education and Training

Scout Association Act 1924 (Cth)

Minister for the Environment

Department of the Environment and Energy

Snowy mountains Engineering Corporation (Conversion into Public Company) Act 1989