- 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
- 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)
- Email and SMS unsubscribe rules (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 Spotted something out of date?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.