Spam Act compliance for email and SMS marketing

By the ITLAW Team · Last reviewed November 2026 · General information, not legal advice

Guides › Online Business › Spam Act compliance

The Spam Act 2003 (Cth) regulates “commercial electronic messages”: emails, SMS, MMS and instant messages that offer, advertise or promote goods, services, businesses or investment opportunities. It applies to messages with an Australian link, including messages sent from Australia or to Australian addresses.

Rule 1: Consent

• Express consent: the person actively opted in, for example by ticking an unticked box. Keep records of when and how consent was given.
• Inferred consent: can arise from an existing business or other relationship where the person would reasonably expect the messages, or from conspicuous publication of a work address in limited circumstances.
• Pre-ticked boxes and bought lists are high risk. Consent obtained by another business generally does not transfer to you.

Rule 2: Identify yourself

Each message must clearly identify the business that authorised it and include accurate contact details that remain valid for at least 30 days after sending.

Rule 3: A working unsubscribe

Each message must include a functional unsubscribe facility that is easy to use and does not require a fee or log-in. Requests must be honoured within five working days. Making customers log in, call or confirm several times to unsubscribe has led to enforcement action.

Factual messages

“Designated commercial electronic messages” that contain only factual information, such as product recall notices, still need sender identification but do not require consent or an unsubscribe. Messages that include promotional content do not qualify.

Privacy and marketing

APP 7 of the Privacy Act also regulates direct marketing using personal information. See our guide to the 13 APPs.

Compliance checklist

• Record how and when every subscriber consented.
• Test every unsubscribe link and SMS opt-out regularly.
• Process unsubscribes across all systems within five working days.
• Check messages sent by agencies and platforms on your behalf.
• Do not buy or rent email lists.

Frequently asked questions

Do I need consent to send marketing emails in Australia?

Yes. Commercial electronic messages need express or inferred consent, and must identify the sender and include a working unsubscribe.

How quickly must I process an unsubscribe?

Within five working days of receiving the request.

Does the Spam Act apply to B2B emails?

Yes. The Spam Act applies to commercial electronic messages whether they are sent to consumers or businesses.

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