Comply with the Spam Act 2003 (consent, identify, unsubscribe)

All commercial electronic messages must have consent, identify the sender, and offer a working unsubscribe.

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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 up to $2.2M+ per day plus infringement notices; routine seven-figure outcomes

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

Topics

marketingspamconsent

Source: https://acma.gov.au/spam. Rules Mate is not a law firm. Always verify against the live regulator source before acting.