Do I Need an ABN to Register a Domain Name in Australia?

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Table of Contents

• Registering a Domain Name
• Registering a ‘.org.au’ Domain Name
• Registering a Domain for Non-Commercial Use
• Protecting Your Identity
• Protecting Your Domain Name
• Key Takeaways
• Frequently Asked Questions

If you are looking to launch your business online, then your website must have your preferred domain name. Your website is the face of your online business, and the domain name reflects your brand. Having an effective domain name allows potential customers to find your business online quickly. However, you may be unsure whether you need an Australian Business Number (ABN) to register your domain when launching an online business. This article will explain when you need an ABN to register a domain name in Australia and how to protect your domain.

Registering a Domain Name

The first step when registering your business domain name is to purchase a country code top-level domain (ccTLD), such as a ‘.com.au’ domain name. The ccTLD will generally point to which country your business is operating in. You must then register it through a domain registrar accredited by the Australian Domain Name Authority (auDA). The auDA is the regulatory body that sets out the use of the ‘.au’ domain space. Under the auDA, you must register a ccTLD domain if your business structure is one of the following: 

• Australian sole trader;
• registered business; or
• company.

If you are a sole trader, business, or company, you must register an ABN or Australian Company Number (ACN) if you are a company to receive a ccTLD domain. While you need to have an ABN or ACN to get a ccTLD domain, there are other avenues to registering a domain name. These are available to owners of a:

• trade mark number;
• state business number; or
• incorporated association number.

If you are launching a website for non-commercial purposes and do not plan to operate a business from your website, you will not need an ABN to register the name.

Registering a ‘.org.au’ Domain Name

If you register a ‘.org.au’ domain name, your business must be a registered not-for-profit organisation or charity. This involves applying for registration with the Australian Charities and Not-for-profits Commission (ACNC). The application involves following strict legal requirements and meeting ACNC criteria. Once you are registered with the ACNC, you will be given a charity ABN, which you can use to register your ‘.org.au’ domain.

Registering a Domain for Non-Commercial Use

You can also register a domain without an ABN or ACN. This applies when you do not wish to run a business from your website. For non-commercial use, registerable domains include:

• .com;
• .net;
• .org; or
• .info.

These domain names are not country-specific, and anyone can register them. You can use any domain registrar and select the period you would like to register the domain for. This can be from one year to ten years.

Protecting Your Identity

When you register a domain, you will need to provide certain contact information, such as your:

• name;
• phone number;
• email address; and
• postal address.

This information will be publicly available through a WHOIS registry (pronounced as the phrase “who is”), which allows people to trace the ownership and tenure of domains. If you do not want this information to be publicly available, you should register your domain with WHOIS Protection. This will mask your personal information, and anyone who wishes to contact you will be required to go through the domain registrar.

Protecting Your Domain Name

Before you register your domain, it is important to do your due diligence and find out whether your preferred name is being used by another business in a similar industry. If it is, this can confuse customers, and it may create intellectual property (IP) issues in the long term.

If your competitor has registered their name as a trade mark, they can stop you from using a similar or the same name as your domain name. Importantly, you should therefore protect your domain with a trade mark once you have registered it. 

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Key Takeaways

If you are planning on setting up a website, you may not need an ABN or ACN. However, you will need an ABN or ACN if you are running an online business or conducting business via your website. Therefore, it is crucial to ensure that your business is properly registered so that you can secure your domain name for your business. It is also important to protect your domain name with methods such as a trade mark.

If you have any questions about registering an ABN or domain name, contact our experienced e-commerce lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

Frequently Asked Questions