Adam - may I suggest that you familiarise yourself with the Trade Practices Act before you make unfounded and erroneous allegations and defamatory comments in this forum about auDA breaching the TPA. Your example relates to a type of conduct which is prohibited under Part IV of the TPA called restrictive trade practices, more particularly third line forcing. auDA's requirements under the Registrars Agreement are clearly not conduct which can be considered to be third line forcing, or restrictive trade practices under the TPA. Adam - it is easy to make allegations of the kind you are making. However, where it relates to a public company breaching any law, may I suggest that you check your information carefully before making such allegations in a public forum. 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 10:55:08 pm >>> That sounds like market control and fixing to me. >MIT will charge the authorized reseller the applicable auDa fee within 14 >days of beinginvoiced for it by auDa > > >>>the most confusing clause in the whole agreement!!! Yes, to some degree. But it reminds me greatly of the EGG sales fiasco many years ago where Chicken Farms weren't allowed to sell their eggs to the consumer directly and HAD to sell them via the Egg Consortium or whatever it was called. This was in the days before the ACCC. I'm sure, this alone is enough to cause the ACCC have cause against auDA because for simplicity, if a person wanted to go into business selling domain names from the .AU name space, and they did NOT pay a fee to the CORPORATION that creates those names, then it's prevented from undertaking business. It clearly says it's a FEE. In Private Trade, as auDA is NOT a Government Organisation, I think you'll find this is deemed as a TAX under section 55 (?) of the Australian Constitution, or could be considered RESTRICTIVE TRADE. Now RESTRICTIVE TRADE is something that hasn't been bandied around for a bit. Considering that auDA should not have control over whom can contract with a Registrar, it comes across to me as very concerning. auDA has the power to RESTRICT trade between a Registrar and a RESELLER, or to even restrict a Reseller from entering into trade. It also places an unfair financial burden on a business that wishes to enter trade as a reseller. Imagine if Hardware Importers charged retailers for "becoming resellers." Hmm. Food for thought. --------------------------------------------------------------------------- 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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