Comply with the Spam Act 2003 (consent, identify, unsubscribe)
All commercial electronic messages must have consent, identify the sender, and offer a working unsubscribe.
Who must comply
Anyone sending commercial electronic messages in Australia or with an Australian link.
What triggers it
Sending commercial electronic messages.
When due
Ongoing.
Evidence required
Consent records, sender ID configuration, unsubscribe handling logs.
Max penalty
Civil penalties (Federal Court, per day): up to $660,000/day (first) or $3.3M/day (repeat) for a body corporate; plus ACMA infringement notices
Summary
The Spam Act 2003 prohibits sending commercial electronic messages (email, SMS, instant messaging) without consent, requires accurate sender identification, and a functional unsubscribe facility (effective within 5 working days, no cost beyond the cost of sending the unsubscribe request, valid 30 days minimum). ACMA enforces; recent infringement notices exceed $1M.
Enforced by
Source legislation
Industries
Topics
Related obligations
- CWLTHWash outbound marketing lists against the Do Not Call RegisterLists must be washed within 30 days of the call/SMS unless valid consent.
- CWLTHComply with the Therapeutic Goods Advertising CodeAdvertising of therapeutic goods to consumers must comply with the TGA Advertising Code and prohibited representations.
- CWLTHInfluencer + ad disclosure under ACL + AANA CodePaid content must be clearly disclosed as advertising — #ad #spon are not enough on their own.
- CWLTHPre-2025 ban on unsolicited credit limit increase invitationsCredit card limit increase offers cannot be sent without prior written consent.
- CWLTHAPP 7 direct marketingAPP 7 restricts using or disclosing personal information for direct marketing and requires a simple opt-out — when it applies, the exceptions and penalties.
- CWLTHComply with AANA Code of Ethics + community guidelinesSelf-regulatory advertising standards enforced by Ad Standards (formerly ASB).
Frequently asked questions
- Who must comply with the Spam Act 2003 (consent, identify, unsubscribe)?
- Anyone sending commercial electronic messages in Australia or with an Australian link.
- What triggers the Spam Act 2003 (consent, identify, unsubscribe)?
- Sending commercial electronic messages.
- When is the Spam Act 2003 (consent, identify, unsubscribe) due?
- Ongoing.
- What is the maximum penalty for the Spam Act 2003 (consent, identify, unsubscribe)?
- Civil penalties (Federal Court, per day): up to $660,000/day (first) or $3.3M/day (repeat) for a body corporate; plus ACMA infringement notices
- What evidence is required for the Spam Act 2003 (consent, identify, unsubscribe)?
- Consent records, sender ID configuration, unsubscribe handling logs.
Source: https://acma.gov.au/spam. Rules Mate is not a law firm. Always verify against the live regulator source before acting.