Adam - auDA is an industry self-regulatory body. To the extent that it has contracts with industry participants (such as a Registry Licence Agreement with AusRegistry - the registry operator, and Registrar Agreements with the various auDA accredited registrars), then auDA has a contractual right to regulate the conduct of those participants, and enforce the terms of the contract. However, in relation to participants with whom auDA does not have contractual relationships (such as de facto resellers who are not formally signed up as resellers), then the natural course of action for auDA to take is to refer to the Government regulator which enforces the laws of this country - ie. the referral to ACCC. This is how industry self-regulation works. Regards Craig Ng Partner Maddocks t +613 9288 0523 f +613 9288 0666 e craig.ng§maddocks.com.au >>> "auda§todd.inoz.com" 9/07/02 11:00:57 am >>> >auDA files complaint against Internet Registry >http://zdnet.com.au/newstech/ebusiness/story/0,2000024981,20266505,00.ht >m Now this story is exactly why auDA is a powerless, toothless tiger. If it had ANY authority whatsoever, it could take action without concern for legal ramifications. However as auDA is a private company, it can't afford to take on long running legal battles in the courts. Maybe auDA needs to request that the Administrative Tribunals be granted leave to hear auDA matters so auDA can handle the matters through an established Government administration system? At the same time, seeking leave for people with complaints against auDA to use the Tribunal as well. Then everything will be on a much fairer playing field. I also find it amazing that auDA has to feed the ACCC to do a job of self-regulation. That just isn't right. auDA is either a self-regulator, or it's nothing but a corporation in the civil market place. --------------------------------------------------------------------------- List policy, unsubscribing and archives => http://www.auda.org.au/list/dns/ Please do not retransmit articles on this list without permission of the author, further information at the above URL. (330 subscribers.) ------------------------------------------------------- Craig Ng Maddocks Tel: (03) 92880555 International: +61 3 92880555 Fax: (03) 92880666 International: +61 3 92880666 Web: http://www.maddocks.com.au ------------------------------------------------------- The information in this electronic mail is privileged and confidential, intended only for use of the individual or entity named. If you are not the intended recipient, any dissemination, copying or use of the information is strictly prohibited. If you have received this transmission in error please delete it immediately from your system and inform us by email on info§maddocks.com.au. -------------------------------------------------------Received on Fri Oct 03 2003 - 00:00:00 UTC
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