- The law
- Spam Act 2003, section 16 and Schedule 2
- Who enforces it
- Australian Communications and Media Authority (ACMA)
- Penalties
- Court penalties for sending without consent reach 2,000 penalty units a day for a company, or 10,000 with a prior record. Check ACMA for current dollar amounts.
What it means for your email
- Don't send a commercial email with an Australian link unless the person has consented.
- Consent is either express or reasonably inferred from the person's conduct and their business or other relationship with you.
- ACMA says express consent is always preferable: a form, a ticked box online, or a yes over the phone or in person.
- Inferred consent is narrow. ACMA says it needs a provable, ongoing relationship and marketing directly related to it. A one-off purchase isn't enough.
- It's up to you to prove you had consent, so keep a record of how and when each person agreed.
Do
- Ask for express consent at sign-up and checkout, saying what people will get.
- Store the date, source and wording of each consent.
- Stop sending once consent is withdrawn: an unsubscribe takes effect within 5 business days.
- Check any agency or platform sending for you uses the same consent records.
Don't
- Don't infer consent from a single purchase.
- Don't treat a published email address as consent on its own.
- Don't keep a person on any marketing list once they've withdrawn consent.
Good to know
- A conspicuously published work address can count as consent, but only if there's no note refusing marketing and your email is relevant to the person's role.
- Some senders, such as government bodies, registered charities, political parties, religious organisations and educational institutions, can send certain messages without consent. They still have to identify themselves.
- Messages that only give factual information are designated messages under the Act, so the consent rule doesn't apply. They still have to identify the sender.
Sources
- Spam Act 2003 (Federal Register of Legislation, Australian Government)
- Spam Act 2003, as made (PDF) (Federal Register of Legislation, Australian Government)
- Avoid sending spam (ACMA)
- Consumer consent: expectations for businesses conducting telemarketing and e-marketing (ACMA)
Researched by Mailfois · 2026/27 edition · checked 20 October 2026
Not legal advice. This is a plain-English summary. Check the sources for anything specific, or take professional advice. Spotted something out of date? Email [email protected] and we'll credit you if you'd like.