Anti-spam laws in Australia
Find information on relevant email marketing legislation and codes of practice.
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Summary
Australia's anti-spam law is the Spam Act 2003. A 2006 review confirmed the usefulness of the legislation such that significant changes are not expected. There are also two important codes of practice relevant to email marketers. See below for links to further information.
Key documents
Department of Communications, Information Technology and the Arts
Formal anti-spam hub page from the relevant government authority, with various documents related to the Spam Act 2003.
Australian Communications and Media Authority
Responsible for enforcing the Spam Act of 2003, the Authority provides a range of information for both consumers and businesses on the legislation and its implementation.
Australian businesses also have two relevant codes of practice registered with the ACMA. These are:
- eMarketing Code of Practice (coordinated by the Australian Direct Marketing Association)
- Spam Code of Practice (coordinated by the Internet Industry Association)
The latter is interesting because it places legal obligations on Internet and Email Service Providers to take action to both prevent spam from originating in Australia and to educate and empower users regarding the control of spam.
Other links
The impact of Australia's anti-spam legislation
An overview of the Spam Act from a lawyer specializing in information communication technology, covering key points, exemptions and enforcement measures.
Spam Act Review
The outcome of a formal review process completed in mid-2006. The full text of the review is available, plus all the comments received from various individuals, groups, organisations and businesses. The general conclusion was that the legislation and enforcement was doing pretty well. Recommended changes largely concerned educational and organisational measures, rather than to the specifics of the legislation itself.
OECD Spam Task Force
The Australia page lists pertinent legislation and has contact details for relevant enforcement agencies, organisations, spam awareness initiatives and government authorities.