David

It is my understanding that the purpose of a check on an ACN, ARBN, ABN, or 
Australian Registered Trade Mark is to verify that the applicant has some 
business interest in Australia - not to decide who has the more deserving 
claim.

In which case an ABN - with its tax reporting provisions - could not 
provide a better test.

There are ample legal avenues for people who feel aggrieved with the 
licensing of a particular domain to challenge it - and if you doubt it .. 
try registering "Microsoft Australasia Pty Ltd" - its available. Then 
register microsoft.net.au - its available (microsoft.com.au has been 
licensed). I would be willing to bet that court action will take them from 
you in a very short time.

I think that in making more and more restrictive rules you have to 
seriously consider if you are doing it to big note yourself or to genuinely 
protect the innocent (did I say "innocent" in the same context as 
"Microsoft"!!!).

My personal view is that .au's are restricted enough without creating 
artificial barriers.

Peter Dean
Director - A1 Registrar Pty. Ltd.
I am also a director of auDA but the views expressed here are simply my own 
- and in no way is it implied that the above represents any official or 
unofficial auDA policy.






At 09:06 AM 3/14/03 +1000, you wrote:
>Good point
>
>----- Original Message -----
>From: "David Ford" <djford&#167;prepaidonline.com.au>
>To: <dns&#167;lists.auda.org.au>
>Sent: Thursday, March 14, 2002 8:45 AM
>Subject: [DNS] By passing name checks with ABN's for .au's
>
>
> > Hello all,
> >
> >   It seems there is a flaw in name checks for allocating a .au domain.
> >
> >   auda currently allows an ABN listed trading name as sufficient proof of
> > naming rights.
> >
> >   When registering for an ABN, trading names are NOT validated. The ATO
>have
> > no reason to, the ABN is only for tax purposes as far as they are
>concerned.
> > Ask the ATO (13 24 78) they will confirm this.
> >
> >   The Office of consumer and business affairs (08) 8204 9628 in South
> > Australia, requires for a trading name to be recognized it must be
> > registered as a business or company name. Yet the ATO will not check that
>a
> > trading name is registered.
> >
> >   So hypothetically speaking one could register an ABN with the ATO having
>a
> > trading name of Microsoft, INA, or MelbourneIT. The ATO would never
>validate
> > the trading name.
> >
> >   Then approach INA/melbourne IT and request the domain microsoft.com.au
>or
> > ina.com.au or melbourneit.com.au to be registered and it would approved
> > based on the information from the ABN. This was put to the ATO and a
> > representitive from melbourne IT - they agreed it was an absurd outcome,
>but
> > by current auda policies possible.
> >
> > A VERY similar thing is happening with a client at the moment, they own
>the
> > name by registration of company and business names, yet they have lost
>their
> > most deserving domain name due to an ABN trading name.
> >
> > Thoughts people?
> >
> > David Ford.
> >
> >
> > --------------------------------------------------------------------------
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> >
> >
>
>
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