The Panel noted that given the strong growth in the .au domain name space, there is no present need open up the space by allowing foreign entities to register .au domain names. It was felt that allowing foreign entities to register .au domain names may cause significant administrative problems in entity verification and policy enforcement.
Some Panel members noted that there may be legitimate commercial reasons for sub-licensing domain names (eg. IP protection). It was suggested that leasing be allowed as a purpose under the close and substantial connection rule, however it was noted that this would be inconsistent with the prohibition on registering for the sole purpose of sale.
Panel members noted the difficulties in enforcing the current policy. Some Panel members also expressed the view that the policy is harsh and unfair, with unintended consequences due to the broad and uncertain definition of “monetisation”. It was noted that domain monetisation is a legitimate commercial endeavour and has been an accepted practice in the gTLDs for some time.
It was suggested that domain monetisation can be dealt with under the general policy rules, and there are other safeguards and protections that can be relied on to address bad faith behaviour.
There was general agreement among Panel members that the policy is currently unworkable and should be significantly changed or abolished completely.