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No. 129, 2003 (Compilation No. 10, 10 March 2016)
Spam Act 2003
Prepared by Shubhank Suman · Last reviewed
CURRENT / IN FORCE
- Legal character
- Statute
- Region
- Asia-Pacific
What it covers
The Act prohibits sending, or causing to be sent, unsolicited commercial electronic messages (email, SMS, MMS and instant messages) that have an Australian link. Messages need the recipient's consent, accurate sender identification and contact details, and a working unsubscribe facility honoured within five working days. It bans supplying, acquiring or using address-harvesting software and harvested lists, and provides civil penalties, injunctions and enforceable undertakings.
Why it matters
It is Australia's main electronic marketing law, applying alongside the Privacy Act 1988.
Refer to it when
Use it for email or SMS marketing to Australians, consent for commercial messages or unsubscribe rules.
AI, privacy and cybersecurity relevance
- AI: Low
- Privacy: High
- Cyber: Low
AI
LOW RELEVANCE
No AI-specific provisions.
Privacy
HIGH RELEVANCE
Consent and use of electronic addresses.
Cybersecurity
LOW RELEVANCE
Address harvesting only.
Applicability
Anyone sending commercial electronic messages with an Australian link.
Current validity
CURRENT. The supplied copy is Compilation No. 10 (10 March 2016); check later amendments. Read the official PDF on this page for the operative text.
Read first
Section 6 (definitions) → sections 16-18 → Schedule 2 (consent) → Part 4.
Provisions / sections covered
Part 2 – Rules about commercial electronic messages
Section 16 prohibition, section 17 sender identification, section 18 unsubscribe facility.
Part 3 – Address-harvesting software
Prohibitions on supply, acquisition and use.
Part 4 – Civil penalties
Penalty provisions and their calculation.
Schedule 1 / Schedule 2
Designated commercial electronic messages; meaning of consent.
Subject-matter tags
- Consent
- Direct marketing
- Enforcement and penalties
Subject-matter tags describe what the indexed text discusses. They are not legal conclusions.
Related instruments in this library
- Privacy and Other Legislation Amendment Act 2024: AustraliaAmendment Act · Current (phased commencement)Same jurisdiction; assess applicability separately.
- Online Safety Act 2021Law · Current (amended)Same jurisdiction; assess applicability separately.
- Telecommunications Act 1997Law · Current (amended)Same jurisdiction; assess applicability separately.
- Security of Critical Infrastructure Act 2018Law · Current (amended)Same jurisdiction; assess applicability separately.
Document page in the Knowledge Base - full text or PDF where it is available for this record.
This library locates primary and official sources. It does not interpret the law and it is not legal advice.