Commercial Geographic Names Ballot Frequently Asked Questions

• What is a geographic name?
• What names will be included in the ballot process?
• How many geographic names will be included in the ballot process?
• Who is eligible to enter the ballot for a geographic domain name?
• How do I lodge a ballot application?
• When can I lodge a ballot application?
• How much does it cost to lodge a ballot application?
• Can I lodge ballot applications for more than one domain name?
• Can I lodge more that one ballot application for the same domain name?
• When will the ballots take place?
• How will I be notified of the ballot result?
• If I win the ballot, what do I have to do next?
• Can I register the domain name with any registrar?
• How much does it cost to register the domain name?
• How long is my domain name registered for?
• When I renew my domain name, will I have to pay another Release Fee?
• What happens if I don't pay the Release Fee and/or don't register the domain name within the Release Period?
• Can I appeal against a ballot result?
• Will auDA publish the ballot results?
• What happens to domain names that are not allocated by ballot?
• Will auDA publish the list of domain names that are not allocated by ballot?
• Can I register a pre-existing interest or right in a geographic domain name?
• Can I offer my domain name for sale after I register it?
• What is the difference between com.au and net.au? Do I have to register the same geographic name in both com.au and net.au?
• Why did auDA decide to lift the restriction on geographic names in com.au and net.au?
• Why have some geographic names already been registered in com.au and net.au?
• How will auDA use the proceeds of the Release Fee?

What is a "geographic name"?
Under auDA policy a "geographic name" is defined as any location with an Australian postcode, as listed on the Australia Post postcode database.

What names will be included in the ballot process?
All names on the Australia Post postcode database as of 19 May 2005 will be included in the ballot process, with the following exceptions: airport names; hospital names; university names; defence force names; government names; postal names or names with Australia Post designators (eg. BC, MC, PO); names that have already been registered as com.au or net.au domain names.

How many geographic names will be included in the ballot process?
Approximately 20,500 geographic names will be included in the ballot process.

Who is eligible to enter the ballot for a geographic domain name?
In order to lodge a ballot application, applicants must satisfy the normal com.au and net.au eligibility and allocation criteria in the Domain Name Eligibility and Allocation Rules for the Open 2LDs (2005-01). In brief, this means that:

• applicants must be registered to trade in Australia (eg. company with ACN, business name owner with RBN, trade mark owner with TM number, sole trader with ABN); and
• the geographic name must be an exact match, abbreviation or acronym of the applicant's name, or the applicant must have a "close and substantial connection" with the geographic name.

All applicants should confirm that they satisfy the eligibility and allocation criteria in the Domain Name Eligibility and Allocation Rules for the Open 2LDs (2005-01) before lodging a ballot application.

How do I lodge a ballot application?
Ballot applications must be lodged through a Participating Registrar.

When can I lodge a ballot application?
Ballot applications must be lodged with a Participating Registrar by 31 July 2005. No further Ballot Applications will be accepted after this time.

How much does it cost to lodge a ballot application?
There is no fee for lodging a ballot application.

Can I lodge ballot applications for more than one domain name?
Yes, provided that you satisfy the eligibility criteria for each separate domain name.

Can I lodge more than one ballot application for the same domain name?
No. After the ballot application period has closed, all eligible ballot applications will be submitted to the registry and checked for duplication. There are three types of duplication:

• if the same applicant lodges more than one application for the same domain name using the same eligibility criteria - for example, if John Smithfield lodges two applications for smithfield.com.au using his registered business name "Smithfield Plumbing" and RBN; or
• if the same applicant lodges more than one application for the same domain name using different eligibility criteria - for example, if John Smithfield lodges one application for smithfield.com.au using his registered business name "Smithfield Plumbing" and RBN, and another application for smithfield.com.au using his own name and ABN; or
• if more than one applicant lodges an application for the same domain name using the same eligibility criteria - for example, if business partners John and Jane Smithfield each lodge an application for smithfield.com.au using their registered business name "Smithfield Plumbing" and RBN.

In all cases of duplication, the relevant ballot applications will be removed and the applicant/s will be entirely excluded from the ballot for that geographic domain name.

When will the ballots take place?
It is intended that "first round" ballots will take place between 7 August 2005 and 21 August 2005. auDA may amend these dates from time to time. If you would like to participate in the ballots you should regularly confirm the ballot times and keep up to date with any changes by visiting auDA's website.

How will I be notified of the ballot result?
Domain Directors will notify you of the ballot result. If you think that your ballot has taken place but you haven't been notified of the result, you should contact Domain Directors.

If I win the ballot, what do I have to do next?
If you are a ballot winner you must pay the Release Fee ($825 inc GST) and proceed to register your domain name within the 30 day Release Period. Registration will be subject to the domain name licence terms and conditions offered by the Participating Registrar, and any applicable registration fees. If you have any questions or require assistance with registration, you should contact Domain Directors.

Can I register the domain name with any registrar?
For technical reasons, you must register the domain name through the same Participating Registrar that you lodged your ballot application with. You may choose to transfer to another auDA Accredited Registrar after your domain name has been registered.

How much does it cost to register the domain name?
You must pay the Release Fee ($825 inc GST) AND any domain name registration fee charged by Domain Directors. For more information on applicable fees, you should contact Domain Directors.

How long is my domain name registered for?
Your domain name will be registered for a 2 year licence period, the same as other com.au and net.au domain names.

When I renew my domain name, will I have to pay another Release Fee?
No. The Release Fee is a one-off fee. When you renew your domain name you will just need to pay the renewal fee charged by your registrar.

What happens if I don't pay the Release Fee and/or don't register the domain name within the Release Period?
If you are a "first round" ballot winner and you fail to pay the Release Fee and register your domain name within the Release Period, the name will be returned to the ballot process for a second round. You will not be eligible to participate in the second round. 

If you are a "second round" ballot winner and you fail to pay the Release Fee and register your domain name within the Release Period, the name will be withdrawn from the ballot process and released by auDA at a later date.

Can I appeal against a ballot result?
Each ballot result is final and no correspondence will be entered into.

Will auDA publish the ballot results?
No.

What happens to domain names that are not allocated by ballot?
Domain names that are not allocated by ballot will be released by auDA at a later date. auDA's intention is that the names will be available for registration on a first come, first served basis in the same way as other domain names.

Will auDA publish the list of domain names that are not allocated by ballot?
No.

Can I register a pre-existing interest or right in a geographic domain name?
No. auDA policy does not recognise pre-existing interests or rights in domain names.

Having a company/business name or trade mark that is also a geographic name does not give you an automatic right to register, or to stop someone else from registering, that geographic name in com.au or net.au. For example, just because your company name is Williamstown Pty Ltd does not give you an automatic right to register "williamstown.com.au" or to stop someone else from registering "williamstown.com.au".

Having a geographic name registered in one domain space does not give you an automatic right to register, or to stop someone else from registering, the same geographic name in com.au or net.au. For example, just because you have registered "northcote.com" does not give you an automatic right to register "northcote.com.au" or to stop someone else from registering "northcote.com.au".

The .au Dispute Resolution Policy (auDRP) provides an alternative to litigation for the resolution of disputes between the registrant of a .au domain name and a party with competing rights in the domain name.

Can I offer my domain name for sale after I register it?
No. Because a domain name is not a property asset, you cannot purport to sell your domain name to another party. See auDA's Clarification of Domain Name Licence - Prohibition on Sale of Domain Name by Registrant (2002-24).

There are limited circumstances under which you may transfer your domain name licence to another party. See auDA's Transfers (Change of Registrant) Policy (2004-03).

What is the difference between com.au and net.au? Do I have to register the same geographic name in both com.au and net.au?
The .au domain space is divided into different second level domains (2LDs) with different purposes. The com.au and net.au 2LDs are for commercial purposes and the same eligibility rules apply to both.

All domain names work on the Internet in the same way, so there is no technical difference between registering a com.au or net.au domain name. Choosing whether to register a name in com.au or net.au (or both) is a business decision. If you have any questions or require advice about domain names appropriate to your business, you should contact Domain Directors.

Why did auDA decide to lift the restriction on geographic names in com.au and net.au?
In July 2004 auDA conducted a public review of the restriction on geographic names in com.au and net.au.  

Following the review, at its August 2004 meeting the auDA Board decided that geographic domain names are useful and desirable for Australian businesses and that the restriction on using geographic names as domain names in com.au and net.au should be lifted. 

Why have some geographic names already been registered in com.au and net.au? Will these names be included in the ballot process?
Some geographic names were registered as com.au and net.au domain names before the restriction was introduced in 1997-98, or before the name became a geographic name (eg. new suburb names). These domain names will not be included in the ballot process.

How will auDA use the proceeds of the Release Fee?
Ballot proceeds will be used by auDA to support the implementation of the new community geographic name space.