4Carrying on a business under unregistered business name—offence does not apply

4 Carrying on a business under unregistered business name—offence does not apply

(1) For paragraph 18(2)(h) of the Act, a circumstance in which the offence in subsection 18(1) of the Act does not apply is that an entity is carrying on a business under the domain name form of a business name that: (a) is registered to the entity; and (b) the entity is not prevented from using as a domain name.

Note: Example for paragraph (a)

Note: Carrying on a business under ‘fredsfish.com.au’ if the business name registered to an entity is ‘Fred’s Fish’.

Note: Example for paragraph (b)

Note: If the business name registered to an entity is ‘Fred’s Fish’, it does not automatically follow that the entity has access to all forms of ‘Fred’s Fish’ as domain names. The entity may have the domain name ‘fredsfish.com.au’ while a different entity may have the domain name ‘fredsfish.org’, which is a domain name that the first entity would be prevented from using.

(2) For paragraph 18(2)(h) of the Act, a circumstance in which the offence in subsection 18(1) of the Act does not apply is that an entity is carrying on a business under a business name resulting from excluding one or more host names or domain extensions of a business name that is: (a) a domain name; and (b) registered to the entity.

Note: Examples

Note: 1 Carrying on a business under the name ‘Freds Fish’ or ‘fredsfish.com’ if the business name registered to the entity is ‘fredsfish.com.au’.

Note: 2 ‘www’ is a host name.

Note: 3 ‘net’, ‘org’ and ‘com’ are domain extensions.