[Auugps] [AUUG-Talk]: Changes to org.au eligibility

[Kevin Dawson]

G'day.

I'd be appreciative if someone can wade through all this and check whether I have things right.

On Fri, 15 Jan 2021 18:42:52 +1100 Stephen Rothwell <sfr at canb.auug.org.au> wrote:
> For those that don't know, AuDA has changed the rules for eligibility
> to register an org.au domain.  You now (from April 12) need to be an
> incorporated non-profit or registered with the Charity's commission (or
> a few other possibilities) non of which we fulfil currently.

As described in:
- https://www.auda.org.au/au-domain-names/new-au-licensing-rules
which points to:
- https://www.auda.org.au/policy/au-domain-administration-rules-licensing
- https://www.auda.org.au/policy/au-domain-administration-rules-au-namespace-implementation
- https://www.auda.org.au/au-domain-names/new-au-licensing-rules/orgau-rule-changes

(Sorry for all the URLs; it saves going through the front door every time...)

> I have had a look at a few possibilities one of which is to have Linux
> Australia as the registrant of clug.org.au and auug.org.au, but for
> them to leave control of the domains with "us" (mostly me at the moment
> :-)).
> 
> Alternatively, I could look at making the Canberra Linux Users Group
> some sort of incorporated entity (which, I am told, is not too bad) and
> retain the domains under that ownership..

I'm not confident that the new allocation rules would allow CLUG to register auug.org.au.  I think we have a better chance on our own.  To keep the current domain, we have to incorporate.  More comments on that below.

There is another option - a 2LD.  In our case, that's auug.au.  Start by reading https://www.auda.org.au/au-domain-names/second-level-names and its two links.

The eligibility and allocation rules seem good for us - from what I read, we need only a natural person or an Incorporated Association.  We also meet the criteria for priority allocation, as we already have the 3LD name we want to use.

The new rules go into effect on 12 April.  From a table in the Namespace Implementation document, it looks like the priority allocation period either hasn't started, or is still in the Category 1 stage from 2018.  I haven't seen any other auug.*.au names currently allocated, so it's entirely reasonable to believe we would get it.  auDA says they charge the same wholesale price for 2LD as they do for 3LD, so hopefully it won't be expensive at the Registrars.

Now, back to incorporation:

On Sat, Jan 16, 2021 at 01:04:09PM +1100, David Purdue wrote:
> 
> I am just going through the same thing for another organisation here in Vic.
> 
> We are considering incorporation - in Vic that seems a not too hard or
> expensive process. No idea how easy it is in ACT, though.

Nor is it difficult in NSW.  All up, it should cost between $200 and $300 to set up, then $47 per year for the submission of the Annual Summary to Fair Trading.  An audit is not required for a small association (we have less than half a million dollars in assets and less than a quarter million in income, don't we?).  Financial statements are provided to the AGM and a summary included in the Annual Summary.

We need a person in NSW as Public Officer, can have a Committee of 3 people anywhere in the country and (I think) no specific Committee meetings apart maybe from one which could be before the AGM, to confirm the financial statements.  To arrange that would take minimal changes to the Model Rules (but they need to be done).  The meetings can take place online.

Apart from that, there is essentially very little to do because we do very little.

My guess is that most requirements for Incorporated Associations are fairly similar between the States and that many of us have a grasp of them already.  For those of you prone to insomnia:
- https://www.fairtrading.nsw.gov.au/associations-and-co-operatives/associations
- https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0020/903170/Form-A12-T2-Annual-summary-of-financial-affairs.pdf
- https://legislation.nsw.gov.au/view/html/inforce/current/act-2009-007
- https://www.legislation.nsw.gov.au/view/html/inforce/current/sl-2016-0538

> Another option is to regregister under .asn.au - apparently they allow
> unincorporated bodies (according to my domain name vendor).
> 
> For my particular organisaiton we also have the option of moving our domain
> under another .org.au that belongs to a related organisaiton that is
> incorporated.

Again, the new allocation rules for .org.au don't provide an easy path for another entity to take on AUUG's domain.  I'm not particularly fond of a .asn.au name - if we're going to change, I prefer the 2LD.

Note that the new rules don't apply immediately to an existing domain - the current rules govern our use of it until renewal time.  (Stephen: when is that?)  If we are looking to keep auug.org.au (which I suggest because it's part of what the Preservation Society is preserving, as well as being the advertised home), we need to incorporate before then.

I think we should incorporate.

After that, my preferences are:
- keep auug.org.au
- if changing the domain (either by not incorporating or because we choose to anyway), go the 2LD auug.au
- revitalise the web site :-)

Thanks for getting this far.

Kevin