- The law
- Spam Act 2003, section 17
- Who enforces it
- Australian Communications and Media Authority (ACMA)
- Penalties
- Court penalties reach 1,000 penalty units a day for a company, or 5,000 with a prior record. Check ACMA for current dollar amounts.
What it means for your email
- Every commercial email with an Australian link must clearly and accurately identify the individual or organisation who authorised it.
- It must include accurate information about how the recipient can readily contact them.
- That information must be reasonably likely to stay valid for at least 30 days after you send.
- ACMA says to use the correct legal name of your business, or your name and Australian Business Number (ABN).
- If someone else sends for you, the email must still identify you as the business that authorised it.
Do
- Put your legal business name, or your name and ABN, in every marketing email.
- Give a contact route people can actually use, such as an email address, phone number or postal address.
- Make sure agencies and platforms sending for you name you, not themselves.
- Keep contact details working for at least 30 days after each send.
Don't
- Don't send under a vague name that hides who authorised the email.
- Don't use a contact address that bounces or isn't monitored.
- Don't help or arrange for someone else to send emails that break this rule: that is also a breach.
Good to know
- Unlike the unsubscribe rule, this applies to designated messages too, such as those from charities, government bodies and educational institutions.
- The unsubscribe is a separate requirement. See the Australia unsubscribe card.
Sources
- Spam Act 2003 (Federal Register of Legislation, Australian Government)
- Avoid sending spam (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 Spotted something out of date?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.