Spam Act 2003

If your business sends marketing emails or texts, the Spam Act applies to you. There’s no minimum volume — a single unsolicited message can be a breach. The three requirements are simple enough. People must have consented to hear from you. Every message must identify your business. And every message needs a working unsubscribe, honoured within five business days.

ACMA enforces it actively, and “I didn’t know” is not a defence. Penalties run to six figures per breach, with millions for repeat offenders — and enforcement actions against Australian businesses happen regularly, not theoretically.

The practical side is less scary than it sounds. Any decent email or SMS platform handles unsubscribe links and consent records automatically. The risk comes from exporting contact lists into tools that don’t — or texting people who never opted in.

This is signposting, not legal advice — ACMA’s own guidance at acma.gov.au is the place to check your obligations.