The Spam Act (Cth) regulates the sending of commercial electronic messages, such as email, SMS, MMS etc. It does not regulate phone calls or faxes. Under the Spam Act, it is illegal to send commercial electronic messages in Australia unless you have received the recipient’s prior consent. Other rules must be followed, such as requirements for disclosing adequate contact details and disclosing how you can unsubscribe from further messages. You can face significant penalties if you do not abide by these rules.
The Spam Act also deals with personal information, so the Spam Act and Privacy Act inevitably need to be considered together before proposing to send any commercial electronic messages.
Barker & Co can provide specialist advice on the requirements of the Spam Act and how you can avoid harsh penalties.