The .com.au namespace is strictly for registrants with a current Australian presence, evidenced by a valid Australian Business Number (ABN), Australian Company Number (ACN), Australian Registered Body Number (ARBN), or an exact-match Australian trade mark; failure to maintain one of these entitlements will lead to licence suspension or cancellation (within 24 hours of non-eligibility) under AUDA’s rules . If you’ve allowed your Australian business registration to lapse – whether you’re living in Australia or abroad – you must either reinstate or obtain a qualifying entitlement (by reapplying for an ABN, reincorporating a company, registering as a foreign company, filing for an exact-match trade mark, engaging a trustee service, or nominating a local registrant) to retain your .com.au domains .
AUDA’s .com.au Eligibility Rules
Australian Presence Requirement
Under the .au Domain Administration Rules, a registrant “must continue to have an Australian Presence throughout the Licence Period,” and if that presence lapses the licence “will be cancelled by the Registrar or .au Domain Administration” .
Registrant Entitlements
At registration and renewal, you must supply one of:
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An Australian Business Number (ABN)
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An Australian Company Number (ACN)
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An Australian Registered Body Number (ARBN) (for foreign companies)
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An exact-match Australian trade mark registration or application number
Definition of Australian Presence
“Australian presence” encompasses a wide range of entities and persons, including: Australian citizens or permanent residents; companies registered under the Corporations Act (holding an ACN); foreign companies registered with ASIC (holding an ARBN); ABN-holding entities; state-registered associations; partnerships with Australian partners; trusts with Australian trustees; and other prescribed bodies .
Domain-Name Connection
Your .com.au domain must be an “exact match, abbreviation or acronym” of your legal or business name or trade mark, or have a “close and substantial connection” to your activities .
Consequences of Lapsed Eligibility
If you fail to maintain an ABN/ACN/ARBN/trade mark or cease to meet the presence test, AUDA requires your licence to be suspended within 24 hours and cancelled soon after . Once cancelled, the domain enters the registry’s purge cycle (30 days in “Expired Hold,” then pending delete) and becomes publicly available for re-registration .
Legal Pathways to Retain Your .com.au Domains
1. Re-establish or Reactivate an ABN
You can reapply for a cancelled ABN via the Australian Business Register; registration is free and immediate upon online approval, enabling you to regain eligibility for .com.au registration .
2. Reincorporate or Register as a Company
Incorporate an Australian company to obtain an ACN, or register your organisation as a registrable Australian body (Form 401 via ASIC) – both routes satisfy the presence requirement and restore .com.au eligibility .
3. Register as a Foreign Company (ARBN)
If you operate from overseas, lodge ASIC’s Form 402 to register as a foreign company, securing an ARBN and the right to apply for an ABN as a branch – meeting AUDA’s presence obligations .
4. File for an Exact-Match Trade Mark
An Australian trade mark application (minimum 7-month process, from $250) that exactly matches your domain name also qualifies you under the presence test, without requiring an ABN or ACN .
5. Use a Trustee or Local-Agent Service
Many accredited registrars and firms offer trustee or proxy services – holding the domain under their ABN/ACN while you retain beneficial rights. This satisfies Australian-presence rules, but transfers legal registrant status to the trustee .
6. Nominate a Trusted Australian Registrant
You may transfer your domains to a reliable Australian-resident friend, family member, or associate who meets eligibility, then license usage back to you. Legal ownership rests with that individual, so select someone you trust .
Key Considerations
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Control Risk: Trustee or nominee arrangements place legal title with another party.
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Compliance Burden: Company and ABN/ARBN registrations carry statutory reporting, fees, and potential auditing.
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Timing: Trade mark filings take months; business registrations are faster.
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Renewals: .com.au domains enter a 90-day pre-expiry renewal window and a 30-day post-expiry recovery period; maintaining eligibility at renewal is critical to avoid automatic suspension .
Recommendation
For full control and minimal ongoing reliance on third parties, reinstate or establish an ABN (as a sole trader or company) or re-incorporate under ASIC to secure an ACN/ARBN. If you prefer less administrative overhead, file for an exact-match Australian trade mark. Trustee or nominee services are best as short-term stopgaps but require robust contracts to protect your interests.