Spam Act 2003 — electronic marketing messages (AU)
Spam Act 2003 — electronic marketing messages (AU)
Governs commercial electronic messages (email, SMS) sent to Australian recipients. Voice calls are out of scope (separate telemarketing rules). Enforced by the ACMA; applies to any business sending marketing email or SMS, including messages sent on a business's behalf.
Source
- Spam Act 2003 (C2004A01214) — legislation.gov.au
- ACMA — "Avoid sending spam" (consent, message content, unsubscribe)
- ACMA — "Investigations into spam and telemarketing" (enforcement record)
Criteria
| id | criterion | reference | applies-to | validation |
|---|---|---|---|---|
| SA-001 | A commercial electronic message shall only be sent with the recipient's consent — express or inferred. | Spam Act 2003 s16; ACMA "Avoid sending spam" | email, sms | Consent record exists per recipient before send |
| SA-002 | Inferred consent applies only where the recipient knowingly gave their address, has an ongoing relationship with the sender, and the marketing is directly related to that relationship; a one-off purchase does not create inferred consent for unrelated marketing. | ACMA "Avoid sending spam" (inferred consent) | email, sms | Campaign-to-relationship relevance review per send |
| SA-003 | Consent records (who consented, when, how) shall be retained and producible on demand; the sender bears the burden of proof. | ACMA "Avoid sending spam"; Spam Act 2003 s16 | email, sms | Consent log queryable by recipient (who/when/how) |
| SA-004 | No electronic message shall be sent for the sole purpose of requesting consent. | ACMA "Avoid sending spam" | email, sms | Campaign content review — no cold consent-request sends |
| SA-005 | Every commercial electronic message shall accurately identify the sender (business name). | Spam Act 2003 s18; ACMA "Avoid sending spam" | email, sms | Template lint — sender identification field non-empty |
| SA-006 | Every commercial electronic message shall contain the sender's contact details (email, web, or phone). | Spam Act 2003 s18; ACMA "Avoid sending spam" | email, sms | Template lint — contact block present |
| SA-007 | Every commercial electronic message shall include a functional unsubscribe facility, and opt-outs shall be honored within 5 business days. | Spam Act 2003 s18; ACMA "Avoid sending spam" [VERIFY: exact timeframe in s18] | email, sms | Opt-out endpoint live; suppression list updated within 5 business days |
| SA-008 | Automated "welcome journey" and nurture messages are not exempt — consent rules apply to every message in the journey. | ACMA "Telemarketing and e-marketing — common issues and mistakes" | email, sms | Journey steps carry consent basis like any campaign |
| SA-009 | Marketing unrelated to the recipient's existing relationship shall not be sent on inferred consent. | ACMA "Avoid sending spam" (inferred consent limits) | email, sms | Relationship-relevance review per campaign |
Penalty context
- Latitude Finance Australia — $3,960,000 infringement notice + enforceable undertaking (Dec 2025): marketing SMS without sender contact information and without a functional unsubscribe facility.
- Tabcorp Holdings — $1,254,000 infringement notice (Sep 2025): marketing emails/SMS sent without consent.
- SpinTel — $653,400 infringement notice + enforceable undertaking: marketing without consent.
- ACMA enforcement ladder: infringement notice → formal warning → Federal Court action.
Review cadence
- On any ACMA guidance update, enforcement action, or legislative amendment — minimum annual review.