[LINK] need for ABN for a .au domain?

[Roger Clarke]

On 8/11/22 4:55 pm, David wrote:
> Last time I spoke to netRegistry I understood the .com.au (and .au ?) domain was for commercial organisations ___only___ so an applicant needed an ABN or ACN to prove their status.  But '.org.au' was intended for non-profit organisations, social clubs, and so on.

Agreed.  Although I've never grasped the logic underlying .asn.au.


> However it may have something to do with the recent requirement to register all directorships which, as I understand it, applies not only to commercial entities but  directors of non-profits, societies & associations, etc.  (I wonder if the directors of a strata or community titled property are included?).

I suspect any requirement for non-profits, societies & associations,
etc. is (a) vague, or (b) something that they may try on later.

I've not detected any requirement yet even for ACNC-registered small
associations, let alone those many that don't need to and don't
register.  (I am and was involved in Secretary work for several).


As a company director, yes, pressure was brought to bear, directly, and
mainly through the accountants, who companies pay, but who work for ATO.

However, ASIC has been such a wuss on so many occasions that it's
unclear whether they'll ever actually enforce the provisions - far less
conquer phoenix'ing, which was the nominal justification for the register.

Here's my 2017 analysis of that little corner of the world:
http://www.rogerclarke.com/ID/BiomReg.html#CD

Short version:  To tackle an estimated 2,500 'bad' directors of 11,500
'bad' companies, they've required the 250-500,000 directors of 2.5m
companies to register.  At that stage, there was not only no
enforcement, but nothing to enforce.  My impression of the additional
law was that it didn't really fix that problem, i.e. it's just theatre.


> I guess there'll be all sorts of tightening up in many areas after the MediBank / AHM hack, especially if Labor substantially increases company fines to the point where they really hurt Director's bonuses and company profits.  It's about time too.

The size of the maximum fine is unfortunately irrelevant.  The OAIC is
well-known not to fine organisations, and hence the size of the maximum
fine has prettymuch zero deterrent effect.

_________________


> On 6/11/22 09:17, Jan Whitaker wrote:
>> Does anyone in the Link braintrust have any info about why AuDA is now requiring an ABN in order to register a .au domain of any sort (except id.au)?
>>
>> https://lawpath.com.au/blog/do-you-need-an-abn-to-register-a-domain-name
>>
>> Some domain registrars (at least one I know of) are now going back and requiring those who have had one for years to now pay $119 to make the addition of the ABN info.
>>
>> Is this a money grab by AuDA, the domain services, or a real need? Why this change for all but id.au domains? Is this a Tax Office regulation change?
>>
>> Jan
>>
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-- 
Roger Clarke                            mailto:Roger.Clarke at xamax.com.au
T: +61 2 6288 6916   http://www.xamax.com.au  http://www.rogerclarke.com

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Visiting Professor in the Faculty of Law            University of N.S.W.
Visiting Professor in Computer Science    Australian National University