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Australia
LawCurrent (amended)· Australian Communications and Media Authority (ACMA)

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

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.