Summary: Australia's Spam Act sets clear rules for commercial emails and SMS. Follow three principles: consent, identify and unsubscribe.
Commercial electronic messages sent in or to Australia must follow the Spam Act. This is general guidance, not legal advice.
Consent
You need express or inferred consent to send commercial messages. Express consent should be clear and recorded.
Identify
Each message must clearly identify your business and include contact information.
Unsubscribe
Include a functional unsubscribe option in every message and honour requests promptly.
SMS too
The same principles apply to SMS marketing.
Good list hygiene
Remove inactive addresses and authenticate your domain to protect deliverability.
FAQs
Can we email business contacts without consent?
Inferred consent may apply in limited cases; check carefully.
Who enforces the Spam Act?
The Australian Communications and Media Authority (ACMA).
Does it apply to overseas senders?
Yes, if messages are sent to Australian recipients.
