Australiam Spam Laws: Consent, Sender ID & Unsubscribe Rules

Understanding Australia’s spam laws

If you send marketing emails or messages, or have someone send them on your behalf, you need to comply with the Spam Act 2003 and the Spam Regulations. There are three core requirements: you must have consent, identify yourself as the sender, and make it easy to unsubscribe.

Consent

Marketing messages can only be sent to people who have given consent. This applies even when a third party sends the messages for you. There are two types.

Express consent is where a person knowingly accepts they’ll receive marketing from you, given by filling in a form, ticking a box on a website, over the phone, or face to face. It’s the most reliable form of consent, and it’s worth keeping a record of who gave it, when and how. A message cannot be sent simply to ask for consent, as that in itself is a marketing message.

Inferred consent may apply where someone has knowingly provided their address and has an ongoing relationship with the business, and the marketing is directly relevant to that relationship. For example, a bank telling an existing customer about a higher-interest savings account. It would not extend to unrelated products, and it does not apply just because someone has recently made a purchase.

Care should also be taken with purchased or third-party marketing lists, as responsibility for having valid consent still rests with the sender.

Identifying yourself

Every message must accurately identify the sender’s name or business name and include correct contact details. Where a message is sent on your behalf, it must still identify your business as the one that authorised it, using the correct legal name or your name and ABN. This information must stay accurate for at least 30 days after sending.

Unsubscribing

Every commercial message must include a clear unsubscribe option. It must honour requests within five working days, be free, remain functional for at least 30 days after sending, and not require the person to log in, create an account, or provide extra personal information.

Other conduct that breaches the rules

The Spam Act also prohibits using or supplying address-harvesting software or lists created with it, as well as helping, encouraging or being knowingly involved in another party breaching the rules. The ACMA can take enforcement action against businesses that do not comply.