Commonwealth Act
Spam Act 2003
The Spam Act regulates commercial electronic messages such as marketing emails and SMS.
Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.
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Quick read
- For SMEs this Act shapes email and SMS marketing.
- The recurring questions are consent, identification and unsubscribe.
Likely relevant if
- Businesses running email or SMS marketing
- Ecommerce stores sending promotions and abandoned-cart messages
- SaaS businesses mixing product and marketing comms
Check first
- Get consent before sending commercial electronic messages.
- Clearly identify the business sending the message.
- Include a working unsubscribe option in every marketing message.
What happens if you get it wrong
Penalties & enforcement
Sending commercial electronic messages without consent, sender identification or a working unsubscribe can attract substantial civil penalties. ACMA enforces the Spam Act and has issued large infringement notices to well-known businesses.
Enforced by Australian Communications and Media Authority (ACMA)
When this shows up in real life
- 1
Building a marketing email list
Capture and record consent at sign-up. Pre-ticked boxes and buying lists are risky - keep evidence of how and when each contact opted in.
- 2
Sending a promotional SMS campaign
Identify your business clearly, include a free and easy opt-out, and make sure the message is genuinely consented-to rather than bundled with a transactional message.
- 3
Handling an unsubscribe request
Honour it within the required timeframe (no later than five business days) and make sure the opt-out keeps working without extra cost or login to the recipient.
Plain-English glossary
- Commercial electronic message
- An email, SMS or similar message whose purpose is to advertise, promote or offer goods, services or a business.
- Consent
- Express or inferred permission to send marketing messages; the sender must be able to show how consent was obtained.
- Functional unsubscribe
- A clear opt-out facility that works for at least 30 days after the message is sent and is honoured promptly.
Common questions
Do I need consent for every marketing email?
Yes. Consent can be express or inferred from an existing relationship, but you must be able to demonstrate it. Keep records of when and how each contact opted in.
Does the Spam Act apply to SMS too?
Yes. The rules cover email, SMS, MMS and instant messaging - any commercial electronic message sent to an Australian account.
How quickly must I action an unsubscribe?
Honour opt-out requests within five business days, and make sure the unsubscribe facility stays functional and free to use.
Related topics
How Sprintlaw can help
Update history
Spam Act flagged for marketing compliance review
Email and SMS marketing rules under the Spam Act were reviewed for the tracker, with a focus on consent and unsubscribe handling.