The holder: a change of hands
Guide 4 of 7
How do you buy a .au name someone already holds?
A change of holder is a transfer: the old licence ends and the new holder enters a new licence agreement. Both sides must qualify on the day, and the clock starts with the agreement.
General information from auDA’s published rules, not legal advice. Published by Dotto, which runs a marketplace for .au names.
Where it starts
With the name’s current provider: auDA’s transfer help page says a change of registrant is initiated by contacting the domain name provider, the registrar or the reseller, through their website.
Both sides must qualify on the day. The existing holder must remain eligible, the transfer request must be in writing, the licence must not be subject to any complaint, dispute resolution or court proceeding, and its term must not have expired (Rules 2.13.1). The person receiving the licence must satisfy the Australian presence requirement and the namespace’s eligibility and allocation criteria at the date of transfer, enter into a new licence agreement, specify the new licence period and pay the new licence fee (Rules 2.13.2).
The Rules themselves define a transfer as a novation of the old licence and a new licence agreement entered into by the new holder (Rules 1.4).
| Step | When | Rule |
|---|---|---|
| The sale agreement | Day 0: the parties enter the contract. From that date the holder must request the transfer within 28 calendar days, unless the contract or agreement specifies otherwise (Rules 2.13.4; auDA’s transfer help page). | Rules 2.13.4 |
| The holder requests the transfer | The existing registrant makes the transfer request in writing to the registrar (Rules 2.13.1). | Rules 2.13.1 |
| The registrar checks and transfers | Within two calendar days of the request, once the registrar has confirmed that both parties still qualify (Rules 2.13.3). This two-day rule is for a change of registrant; a change of registrar is the different process in guide 1. | Rules 2.13.3 |
| The buyer signs a new licence and pays a new fee | On transfer the old licence agreement is terminated, and the new holder enters a new licence agreement, naming the new licence period and paying the new licence fee (Rules 2.13.2, 2.13.5). | Rules 2.13.2 and 2.13.5 |
What carries over
Full years remaining on the licence carry over to the new holder, up to a maximum licence period of five years; only full years move, so a licence with three years and two months remaining becomes a new licence with three years (auDA’s transfer help page).
Some providers charge a fee for doing the change, because they must validate that both parties are eligible to hold the licence at the time of transfer (auDA’s transfer help page).
Even through a reseller, every licence has a registrar of record who manages it, and auDA’s help page points to the WHOIS tool to find the name’s registrar (auDA’s transfer help page).
When a name cannot change hands
A suspended licence cannot be transferred and does not resolve in the DNS; a cancelled licence cannot be transferred either, and cannot be updated (Rules 2.16.5, 2.16.11).
Buying a business does not move its domain licence by itself: if you are buying or selling a business, the transfer of the .au licence has to be arranged separately (auDA’s transfer help page).
The steps are strict. Failing to transfer the licence in line with paragraphs 2.13.1 to 2.13.3 results in the licence being cancelled, and a fraudulent transfer is cancelled by the registrar or auDA (Rules 2.13.6, 2.13.7).
A held name is not re-allocated by who applies first. First come, first served decides competing applications for a new licence (Rules 2.3.2); who currently holds a name, and how to check, is in How do you check who holds a .au name, and keep yours safe?.