Australian businesses can send commercial emails to you provided they have the following three things:

  • consent – the message must be sent with your consent.
  • identify – the message must contain accurate information about the person or organisation and how to contact them.
  • unsubscribe – the message must allow you to opt out from receiving messages from that source in the future.
  • exempt – some organisations are exempt from the Spam Act 2003.

If any of the three are not present, and they are not an exempt organisation, you should report the email to the ACMA

How to Report Spam to ACMA



Types of consent:

  • Express consent - you have opted-in, via a checkbox or joined a mailing list.
  • Inferred consent - you have an existing, recent business relationship with the sender.
  • Conspicuous publication - your email address is publicly available on your website and you do not have a notice requesting no commercial email, and the message is directly related to your line of business.



The email must clearly identify the sending company and how to contact them



The company must have a fully functional unsubscribe facility and  you must be unsubscribed within 5 working days.


Exempt Organisations

The following organisations are exempt from the Spam Act:

  • government bodies
  • charities, religious and non-government organisations
  • registered political parties


See Also: Stop Fax Spam