Spam Act
AANA supports responsible marketing practices by working with ACMA to provide up-to-date guidance on Spam Act compliance.
Summary of Spam Act
1. Consent is mandatory (opt-in model)
You must have consent before sending commercial electronic messages (email, SMS, MMS).
Consent can be:
• Express (e.g. user ticks a box)
• Inferred (existing business relationship, reasonable expectation)
• Purchased or third-party lists are high risk unless consent is clearly transferable.
2. Identification requirements
Every message must clearly identify the sender:
• Business or individual name
• Accurate contact details (e.g. ABN, address, email)
• Details must remain valid for at least 30 days after the message is sent.
3. Functional unsubscribe mechanism
All messages must include a working unsubscribe option:
• Must be easy, clear, and free to use
• Must remain functional for at least 30 days
• Unsubscribe requests must be honoured within 5 business days
4. No address harvesting
It is illegal to:
• Use harvested email addresses
• Use software/tools that scrape contacts online
• Even if messages are otherwise compliant, using harvested lists breaches the Act.
5. Definition of “commercial electronic message”
Covers messages that:
• Offer, advertise or promote goods/services
• Promote business or investment opportunities
• Includes emails, SMS, MMS, and some instant messaging
6. Applies to automated marketing systems
The Act covers:
• Marketing automation platforms
• Bulk email/SMS campaigns
• AI-driven outbound messaging (if commercial in nature)
7. Limited exemptions
Some messages may be exempt (but still must include identification):
• Purely factual messages (e.g. receipts, delivery updates)
• Government and registered charity communications (limited scope)
• Most marketing communications are NOT exempt
8. Responsibility extends to advertisers
Businesses are liable even if they use:
• Agencies
• Martech vendors
• You must ensure third parties comply on your behalf
9. Enforcement and penalties
Enforced by the Australian Communications and Media Authority
Penalties can include:
• Significant fines (millions for large breaches)
• Enforceable undertakings
• Formal warnings
• ACMA actively targets major brands for non-compliance.
10. Record-keeping is critical
Advertisers should retain:
• Evidence of consent
• Unsubscribe logs
• Campaign records
• Essential for demonstrating compliance if investigated.