The short answer: Under Australia’s Spam Act 2003, marketing emails and texts need three things: consent from the person you’re messaging, clear identification of who sent it, and a working way to unsubscribe, with requests actioned within five working days. The rules are enforced by the Australian Communications and Media Authority (ACMA).
Email and SMS marketing are two of the best ways to bring customers back. Doing them properly keeps you on the right side of the law, and it also makes your messages more welcome. Here’s what the rules mean in practice.
What counts as a marketing message?
The Spam Act covers commercial electronic messages: emails, texts and instant messages that promote your goods or services. That includes newsletters, special offers and messages that mix useful information with a promotion.
Rule 1: Get consent
- Express consent is when someone actively agrees to hear from you, like ticking a box on a form or opting in at the counter. It’s the safest approach. Keep a record of how and when they agreed.
- Inferred consent can apply in limited cases, such as an existing customer who would reasonably expect to hear from you. It’s narrower than many people think, so don’t rely on it without checking the ACMA’s guidance.
- Don’t buy lists. Purchased lists rarely come with valid consent.
Rule 2: Identify yourself
Every message must clearly show who sent it, with your business name and how to contact you. For texts, make sure your business name is in the message or the sender name.
Rule 3: Make it easy to unsubscribe
- Every marketing message needs a free, easy way to opt out, like an unsubscribe link in an email or “reply STOP” in a text.
- Action unsubscribe requests within five working days.
- The unsubscribe option must keep working for at least 30 days after you send the message.
What about appointment reminders and invoices?
Messages that only contain factual information, like appointment reminders, invoices and order updates, generally don’t need consent or an unsubscribe option, but they still need to identify your business. Once you add a promotion, they become marketing messages and the full rules apply.
Don’t forget privacy
If your business is covered by the Privacy Act, its direct marketing rules also apply, including letting people opt out of marketing. Make sure your privacy policy explains how you use customer details.
What happens if you get it wrong?
The ACMA investigates complaints and can issue formal warnings, infringement notices and court proceedings, and businesses have faced significant penalties. The easiest protection is clean consent records and working unsubscribes.
A quick checklist
- Only message people who’ve agreed to hear from you, and keep a record.
- Include your business name and contact details.
- Add an unsubscribe link or “reply STOP” to every marketing message.
- Action opt-outs within five working days.
- Keep reminders and invoices free of promotions, or treat them as marketing.
Let the software do the heavy lifting. My New Admin’s email and SMS marketing handle unsubscribes automatically, so opted-out customers stop receiving marketing.
This guide is general information, not legal advice. Check the ACMA website for the latest guidance on the Spam Act.
Frequently asked questions
Yes, generally. The Spam Act requires consent for marketing emails and texts. Express consent, where someone actively opts in, is the safest approach.
It’s consent that can be reasonably inferred from someone’s relationship with your business, such as an existing customer. It’s narrower than many people think, so check the ACMA’s guidance before relying on it.
Purely factual messages like appointment reminders generally don’t need one, but they must identify your business. Adding a promotion turns them into marketing messages.
Within five working days, and the unsubscribe option must keep working for at least 30 days after you send the message.