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Email unsubscribe rules in Australia

Every marketing email needs a clear, free, working unsubscribe that keeps working for 30 days, and you must act on each request within 5 working days.

The law
Spam Act 2003, sections 17 and 18 and Schedule 2, clause 6
Who enforces it
Australian Communications and Media Authority (ACMA)
Penalties
Court penalties for unsubscribe breaches 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 needs a functional unsubscribe, with a statement telling people how to use it, presented clearly and conspicuously.
  • The unsubscribe address or link must be able to take requests for at least 30 days after you send the email.
  • An unsubscribe takes effect within 5 working days of the request. Anything you send after that is sent without consent.
  • ACMA says unsubscribing must not cost a fee, and you can't make people log in, create an account or give extra personal details.
  • Every commercial email must also clearly identify who authorised it and say how to contact them. Those details must stay valid for at least 30 days.

Do

  • Test the unsubscribe in every marketing template before each send.
  • Sync opt-outs to every list, automation and tool well inside 5 working days.
  • Make sure a "reply STOP" or reply-to-unsubscribe address can actually receive replies.
  • Identify the business that authorised the email. If you're an agency, that's usually your client.

Don't

  • Don't put the unsubscribe behind a log-in or a preference centre that needs an account.
  • Don't charge anything to unsubscribe.
  • Don't let welcome or abandoned-basket journeys keep running after someone opts out.
  • Don't send anything more to someone once 5 working days have passed since they asked to stop.

Good to know

  • Some senders, such as government bodies, registered charities, political parties, religious organisations and educational institutions, can send certain messages without an unsubscribe. They still have to identify themselves.

Sources

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 Spotted something out of date?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.

Related rules

Check every email before it goes, in every market.

Open the pre-send checker