New South Wales’ online vehicle auction houses face a new compliance condition introduced under the Motor Dealers and Repairers Regulation 2025 (NSW). The Regulation requires that any online motor dealer’s website must end with “.au” to carry on business.
The intention behind this measure, this being to strengthen transparency, consumer confidence, and enforceability, is acknowledged and supported. However, the stipulation that all websites must carry a “.au” domain extension is both impractical and redundant.
Many businesses in the automotive auction sector have invested heavily in online platforms and brand marketing under “.com” domains, often established long before the emergence of “.au” restrictions by the New South Wales Government. These domains are crucial to a brand’s identity, recognition, and consumer trust. Forcing businesses to abandon or alter these domains risks brand dilution, creates confusion among buyers, and imposes significant costs to rebuild digital infrastructure. While some companies operate a “.com.au” domain that redirects to their main “.com” site, mandating the exclusive use of “.au” ignores established and legitimate marketing practices.
The Auctioneers and Valuers Association of Australia (AVAA) has advised the NSW Minister for Better Regulation and Fair Training that robust consumer protections are already in place under both the Regulation and the Australian Consumer Law (ACL). Obligations relating to disclosure, advertising, fair trading, and enforcement already provide regulators with the necessary tools to protect consumers. The domain requirement, therefore, introduces unnecessary duplication without delivering additional safeguards. Regulators maintain the ability to act against licensed businesses with notified premises in New South Wales regardless of whether their domain ends in “.com” or “.au”.
From a policy standpoint, the measure appears disproportionate to its purpose, according to AVAA. Rather than enhancing consumer confidence, it risks creating new compliance costs, thereby disadvantaging New South Wales businesses compared to their interstate and international competitors. Legal concerns may also emerge under principles of reasonableness and necessity, as the condition restricts trade and commercial expression without clear evidence of benefit.
For these reasons, AVAA has advised the NSW South Wales Government that the “.au” requirement be removed, while retaining obligations around notified premises and consumer law compliance. This would safeguard consumers while allowing businesses to maintain competitive, trusted, and innovative online platforms.
This matter rests within the policy responsibility of the AVAA Government Affairs Committee, which will work with the NSW Government and industry to ensure a balanced regulatory framework that protects consumers without stifling business growth or innovation.
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