Document ID: chunk:federal_register_of_legislation:F2021L00477:reg:5
Version: federal_register_of_legislation:F2021L00477
Segment Type: reg
Provision Reference: reg 5
Character Range: 2246–4080

5  Criteria for granting approval
       In deciding whether or not to give approval to an applicant seeking to use a specified domain name under subsection 204A(4) of the Act, the Minister must have regard to the following matters, as applicable, whether:
 (a) the applicant intends to provide education services or information about education services;
 (b) the use of the domain name is likely to mislead people about the connection between the domain name and an Australian higher education provider with the right to use the word university in its name;
 (c) the application is for a domain name that includes '.gov.au' or '.edu.au' domain names and includes the word 'university';
 (d) the applicant is or proposes to become registered by TEQSA in a category that permits the use of the word university;
 (e) the applicant has obtained the Minister's consent to use the word 'university' in relation to a company name that is substantially the same as the domain name under section 147 of the Corporations Act 2001, or a business name that is substantially the same as the domain name under section 28 of the Business Names Registration Act 2011 and in accordance with any legislative instrument made under those sections;
 (f) the applicant is an overseas university approved to operate in its home country by that country's registration or accreditation authority;
 (g) the applicant is the owner or authorised user of a registered trademark that is an exact match of the domain name;
 (h) the application is supported in writing by an Australian higher education provider with the right to use the word university in its name;
 (i) the applicant receives funding under the Regional Universities Centres Program under Part 2-3 of the Higher Education Support Act 2003; and
 (j) the applicant is a Government related entity.