{"id":"C2004A01214","name":"Spam Act 2003","slug":"spam-act-2003","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"129 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6138,"registerId":"commonwealth-C2004A01214-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"## Part 1—Introduction","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Spam Act 2003.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 December 2003

2. Sections 3 to 14

The day on which this Act receives the Royal Assent.

12 December 2003

3. Parts 2 to 6

On the day after the end of the period of 120 days beginning on the day on which this Act receives the Royal Assent.

10 April 2004

4. Section 41

On the day after the end of the period of 120 days beginning on the day on which this Act receives the Royal Assent.

10 April 2004

5. Section 42

The day on which this Act receives the Royal Assent.

12 December 2003

6. Sections 43 to 46

On the day after the end of the period of 120 days beginning on the day on which this Act receives the Royal Assent.

10 April 2004

7. Section 47

The day on which this Act receives the Royal Assent.

12 December 2003

8. Schedule 1

On the day after the end of the period of 120 days beginning on the day on which this Act receives the Royal Assent.

10 April 2004

9. Schedule 2

The day on which this Act receives the Royal Assent.

12 December 2003

10. Schedule 3

On the day after the end of the period of 120 days beginning on the day on which this Act receives the Royal Assent.

10 April 2004

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline","content":"#### 3 Simplified outline\n\n The following is a simplified outline of this Act:\n\n• This Act sets up a scheme for regulating commercial email and other types of commercial electronic messages.\n\n• Unsolicited commercial electronic messages must not be sent.\n\n• Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.\n\n• Commercial electronic messages must contain a functional unsubscribe facility.\n\n• Address‑harvesting software must not be supplied, acquired or used.\n\n• An electronic address list produced using address‑harvesting software must not be supplied, acquired or used.\n\n• The main remedies for breaches of this Act are civil penalties and injunctions.\n\n> Note: The Telecommunications Act 1997 contains additional provisions about commercial electronic messages. Those provisions include Part 6 (industry codes and standards), Part 26 (investigations), Part 27 (information‑gathering powers) and Part 28 (enforcement).","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> account includes:\n\n (a) a free account; and\n (b) a pre‑paid account; and\n (c) anything that may reasonably be regarded as the equivalent of an account.\n\n> ACMA means the Australian Communications and Media Authority.\n\n> acquire, when used in relation to goods or services, has the same meaning as in the Competition and Consumer Act 2010.\n\n> address‑harvesting software means software that is specifically designed or marketed for use for:\n\n (a) searching the internet for electronic addresses; and\n (b) collecting, compiling, capturing or otherwise harvesting those electronic addresses.\n\n> agency includes:\n\n (a) an armed force; and\n (b) a police force.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian link has the meaning given by section 7.\n\n> authorise, when used in relation to the sending of an electronic message, has a meaning affected by section 8.\n\n> business includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis.\n\n> carriage service has the same meaning as in the Telecommunications Act 1997.\n\n> civil penalty provision means any of the following provisions:\n\n (a) subsections 16(1), (6) and (9);\n (b) subsections 17(1) and (5);\n (c) subsections 18(1) and (6);\n (d) subsections 20(1) and (5);\n (e) subsections 21(1) and (3);\n (f) subsections 22(1) and (3);\n (g) a provision of the regulations that is declared to be a civil penalty provision in accordance with paragraph 45(2)(c).\n\n> commercial electronic message has the meaning given by section 6.\n\n> consent, when used in relation to the sending of an electronic message, has the meaning given by Schedule 2.\n\n> data processing device has the same meaning as in the Telecommunications Act 1997.\n\n> dealing with, when used in relation to a commercial electronic message, includes:\n\n (a) accessing the message; and\n (b) responding to the message; and\n (c) filtering the message.\n\n> designated commercial electronic message has the meaning given by Schedule 1.\n\n> director includes a member of the governing body of an organisation.\n\n> educational institution includes:\n\n (a) a pre‑school; and\n (b) a school; and\n (c) a college; and\n (d) a university.\n\n> electronic message has the meaning given by section 5.\n\n> employee includes an individual who is in the service of an armed force, a police force or a religious organisation.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n> Federal Court means the Federal Court of Australia.\n\n> goods has the same meaning as in the Competition and Consumer Act 2010.\n\n> government body means:\n\n (a) a department of the Commonwealth, a State or a Territory; or\n (b) an agency, authority or instrumentality of the Commonwealth, a State or a Territory; or\n (c) a department of the government of a foreign country; or\n (d) an agency, authority or instrumentality of the government of a foreign country; or\n (e) a department of the government of a part of a foreign country; or\n (f) an agency, authority or instrumentality of the government of a part of a foreign country.\n\n> harvested‑address list means:\n\n (a) a list of electronic addresses; or\n (b) a collection of electronic addresses; or\n (c) a compilation of electronic addresses;\n where the production of the list, collection or compilation is, to any extent, directly or indirectly attributable to the use of address‑harvesting software.\n\n> international convention means:\n\n (a) a convention to which Australia is a party; or\n (b) an agreement between Australia and a foreign country.\n\n> internet carriage service means a listed carriage service that enables end‑users to access the internet.\n\n> investment means any mode of application of money or other property for the purpose of gaining a return (whether by way of income, capital gain or any other form of return).\n\n> listed carriage service has the same meaning as in the Telecommunications Act 1997.\n\n> logo includes a trade mark.\n\n> message means information:\n\n (a) whether in the form of text; or\n (b) whether in the form of data; or\n (c) whether in the form of speech, music or other sounds; or\n (d) whether in the form of visual images (animated or otherwise); or\n (e) whether in any other form; or\n (f) whether in any combination of forms.\n\n> mistake means reasonable mistake of fact.\n\n> organisation includes:\n\n (a) a body corporate; and\n (b) a partnership; and\n (c) a government body; and\n (d) a court or tribunal; and\n (e) an unincorporated body or association.\n Express references in this Act to organisations do not imply that references in this Act to persons do not include bodies politic or corporate.\n\n> Note: Subsection 2C(1) of the Acts Interpretation Act 1901 provides that person includes a body politic or corporate as well as an individual.\n\n> person includes a partnership.\n\n> Note: For treatment of partnerships, see section 585 of the Telecommunications Act 1997.\n\n> publish includes:\n\n (a) publish on the internet; and\n (b) publish to the public or a section of the public.\n\n> registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.\n\n> registered political party means a political party, or a branch or division of a political party, that is registered under:\n\n (a) the Commonwealth Electoral Act 1918; or\n (b) a law of a State or Territory that deals with electoral matters.\n\n> relevant electronic account‑holder, in relation to the sending of an electronic message to an electronic address, means:\n\n (a) if the electronic address is an email address—the individual or organisation who is responsible for the relevant email account; or\n (b) if the message is sent to an electronic address in connection with an instant messaging service—the individual or organisation who is responsible for the relevant instant messaging account; or\n (c) if the electronic address is a telephone number—the individual or organisation who is responsible for the relevant telephone account; or\n (d) in any other case—the individual or organisation who is responsible for the relevant account.\n\n> send includes attempt to send.\n\n> Note: See also section 9.\n\n> services has the same meaning as in the Competition and Consumer Act 2010.\n\n> software includes a combination of software and associated data.\n\n> standard telephone service has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\n> supply:\n\n (a) when used in relation to goods or services—has the same meaning as in the Competition and Consumer Act 2010; or\n (b) when used in relation to land—includes transfer; or\n (c) when used in relation to an interest in land—includes transfer or create.\n\n> use has a meaning affected by section 11.\n\n> voice call means:\n\n (a) a voice call within the ordinary meaning of that expression; or\n (b) a call that involves a recorded or synthetic voice; or\n (c) if a call covered by paragraph (a) or (b) is not practical for a particular customer with a disability (for example, because the customer has a hearing impairment)—a call that is equivalent to a call covered by either of those paragraphs;\n whether or not the customer responds by way of pressing buttons on a telephone handset or similar thing.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Electronic messages","content":"#### 5 Electronic messages\n\n Basic definition\n (1) For the purposes of this Act, an electronic message is a message sent:\n (a) using:\n (i) an internet carriage service; or\n (ii) any other listed carriage service; and\n (b) to an electronic address in connection with:\n (i) an email account; or\n (ii) an instant messaging account; or\n (iii) a telephone account; or\n (iv) a similar account.\n\n> Note: Email addresses and telephone numbers are examples of electronic addresses.\n\n (2) For the purposes of subsection (1), it is immaterial whether the electronic address exists.\n (3) For the purposes of subsection (1), it is immaterial whether the message reaches its intended destination.\n (4) Subsection (1) has effect subject to subsection (5).\n Excluded messages—voice calls\n (5) If a message is sent by way of a voice call made using a standard telephone service, the message is not an electronic message for the purposes of this Act.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Commercial electronic messages","content":"#### 6 Commercial electronic messages\n\n Basic definition\n (1) For the purposes of this Act, a commercial electronic message is an electronic message, where, having regard to:\n (a) the content of the message; and\n (b) the way in which the message is presented; and\n (c) the content that can be located using the links, telephone numbers or contact information (if any) set out in the message;\n it would be concluded that the purpose, or one of the purposes, of the message is:\n (d) to offer to supply goods or services; or\n (e) to advertise or promote goods or services; or\n (f) to advertise or promote a supplier, or prospective supplier, of goods or services; or\n (g) to offer to supply land or an interest in land; or\n (h) to advertise or promote land or an interest in land; or\n (i) to advertise or promote a supplier, or prospective supplier, of land or an interest in land; or\n (j) to offer to provide a business opportunity or investment opportunity; or\n (k) to advertise or promote a business opportunity or investment opportunity; or\n (l) to advertise or promote a provider, or prospective provider, of a business opportunity or investment opportunity; or\n (m) to assist or enable a person, by a deception, to dishonestly obtain property belonging to another person; or\n (n) to assist or enable a person, by a deception, to dishonestly obtain a financial advantage from another person; or\n (o) to assist or enable a person to dishonestly obtain a gain from another person; or\n (p) a purpose specified in the regulations.\n (2) For the purposes of paragraphs (1)(d) to (l), it is immaterial whether the goods, services, land, interest or opportunity exists.\n (3) For the purposes of paragraphs (1)(d) to (l), it is immaterial whether it is lawful to acquire the goods, services, land or interest or take up the opportunity.\n (4) Any of the following:\n (a) the supplier or prospective supplier mentioned in paragraph (1)(f) or (i);\n (b) the provider or prospective provider mentioned in paragraph (1)(l);\n (c) the person first mentioned in paragraph (1)(m), (n) or (o);\n may be the individual or organisation who sent the message or authorised the sending of the message.\n (5) Paragraphs (1)(d) to (p) are to be read independently of each other.\n (6) Subsection (1) has effect subject to subsection (7).\n Excluded messages—regulations\n (7) The regulations may provide that a specified kind of electronic message is not a commercial electronic message for the purposes of this Act.\n Interpretation\n (8) An expression used in paragraph (1)(m) of this section and in section 134.1 of the Criminal Code has the same meaning in that paragraph as it has in that section.\n (9) An expression used in paragraph (1)(n) of this section and in section 134.2 of the Criminal Code has the same meaning in that paragraph as it has in that section.\n (10) An expression used in paragraph (1)(o) of this section and in section 135.1 of the Criminal Code has the same meaning in that paragraph as it has in that section.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Australian link","content":"#### 7 Australian link\n\n For the purposes of this Act, a commercial electronic message has an Australian link if, and only if:\n (a) the message originates in Australia; or\n (b) the individual or organisation who sent the message, or authorised the sending of the message, is:\n (i) an individual who is physically present in Australia when the message is sent; or\n (ii) an organisation whose central management and control is in Australia when the message is sent; or\n (c) the computer, server or device that is used to access the message is located in Australia; or\n (d) the relevant electronic account‑holder is:\n (i) an individual who is physically present in Australia when the message is accessed; or\n (ii) an organisation that carries on business or activities in Australia when the message is accessed; or\n (e) if the message cannot be delivered because the relevant electronic address does not exist—assuming that the electronic address existed, it is reasonably likely that the message would have been accessed using a computer, server or device located in Australia.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Authorising the sending of electronic messages","content":"#### 8 Authorising the sending of electronic messages\n\n Attribution of authorisation to organisation\n (1) For the purposes of this Act (including subsection (2)), if:\n (a) an individual authorises the sending of an electronic message; and\n (b) the individual does so on behalf of an organisation;\n then:\n (c) the organisation is taken to authorise the sending of the electronic message; and\n (d) the individual is taken not to authorise the sending of the electronic message.\n Self‑authorisation\n (2) For the purposes of this Act, if:\n (a) an electronic message is sent by an individual or organisation; and\n (b) the sending of the message is not authorised by any other individual or organisation;\n the first‑mentioned individual or organisation is taken to authorise the sending of the message.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Sending of electronic messages—carriage service providers","content":"#### 9 Sending of electronic messages—carriage service providers\n\n (1) For the purposes of this Act, a person does not send an electronic message, or cause an electronic message to be sent, merely because the person supplies a carriage service that enables the message to be sent.\n (2) Subsection (1) is enacted for the avoidance of doubt.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Continuity of partnerships","content":"#### 10 Continuity of partnerships\n\n For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Extended meaning of use","content":"#### 11 Extended meaning of use\n\n Unless the contrary intention appears, a reference in this Act to the use of a thing is a reference to the use of the thing either:\n (a) in isolation; or\n (b) in conjunction with one or more other things.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Crown to be bound","content":"#### 12 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n (3) The protection in subsection (2) does not apply to an authority of the Crown.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Extension to external Territories","content":"#### 13 Extension to external Territories\n\n This Act extends to every external Territory.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Extra‑territorial application","content":"#### 14 Extra‑territorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.","sortOrder":14},{"sectionNumber":"Part 2","sectionType":"part","heading":"Rules about sending commercial electronic messages","content":"## Part 2—Rules about sending commercial electronic messages","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Simplified outline","content":"#### 15 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• Unsolicited commercial electronic messages must not be sent.\n\n• Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.\n\n• Commercial electronic messages must contain a functional unsubscribe facility.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Unsolicited commercial electronic messages must not be sent","content":"#### 16 Unsolicited commercial electronic messages must not be sent\n\n (1) A person must not send, or cause to be sent, a commercial electronic message that:\n (a) has an Australian link; and\n (b) is not a designated commercial electronic message.\n\n> Note 1: For Australian link, see section 7.\n\n> Note 2: For designated commercial electronic message, see Schedule 1.\n\n (2) Subsection (1) does not apply if the relevant electronic account‑holder consented to the sending of the message.\n\n> Note: For the meaning of consent, see Schedule 2.\n\n (3) Subsection (1) does not apply if the person:\n (a) did not know; and\n (b) could not, with reasonable diligence, have ascertained;\n that the message had an Australian link.\n (4) Subsection (1) does not apply if the person sent the message, or caused the message to be sent, by mistake.\n (5) A person who wishes to rely on subsection (2), (3) or (4) bears an evidential burden in relation to that matter.\n Message must not be sent to a non‑existent electronic address\n (6) A person must not send, or cause to be sent, a commercial electronic message to a non‑existent electronic address if:\n (a) the person did not have reason to believe that the electronic address existed; and\n (b) the electronic message:\n (i) has an Australian link; and\n (ii) is not a designated commercial electronic message.\n (7) Subsection (6) does not apply if the person:\n (a) did not know; and\n (b) could not, with reasonable diligence, have ascertained;\n that the message had an Australian link.\n (8) A person who wishes to rely on subsection (7) bears an evidential burden in relation to that matter.\n Ancillary contraventions\n (9) A person must not:\n (a) aid, abet, counsel or procure a contravention of subsection (1) or (6); or\n (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1) or (6); or\n (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1) or (6); or\n (d) conspire with others to effect a contravention of subsection (1) or (6).\n (10) A person does not contravene subsection (9) merely because the person supplies a carriage service that enables an electronic message to be sent.\n Civil penalty provisions\n (11) Subsections (1), (6) and (9) are civil penalty provisions.\n\n> Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Commercial electronic messages must include accurate sender information","content":"#### 17 Commercial electronic messages must include accurate sender information\n\n (1) A person must not send, or cause to be sent, a commercial electronic message that has an Australian link unless:\n (a) the message clearly and accurately identifies the individual or organisation who authorised the sending of the message; and\n (b) the message includes accurate information about how the recipient can readily contact that individual or organisation; and\n (c) that information complies with the condition or conditions (if any) specified in the regulations; and\n (d) that information is reasonably likely to be valid for at least 30 days after the message is sent.\n\n> Note: For Australian link, see section 7.\n\n (2) Subsection (1) does not apply if the person:\n (a) did not know; and\n (b) could not, with reasonable diligence, have ascertained;\n that the message had an Australian link.\n (3) Subsection (1) does not apply if the person sent the message, or caused the message to be sent, by mistake.\n (4) A person who wishes to rely on subsection (2) or (3) bears an evidential burden in relation to that matter.\n Ancillary contraventions\n (5) A person must not:\n (a) aid, abet, counsel or procure a contravention of subsection (1); or\n (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or\n (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or\n (d) conspire with others to effect a contravention of subsection (1).\n (6) A person does not contravene subsection (5) merely because the person supplies a carriage service that enables an electronic message to be sent.\n Civil penalty provisions\n (7) Subsections (1) and (5) are civil penalty provisions.\n\n> Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Commercial electronic messages must contain a functional unsubscribe facility","content":"#### 18 Commercial electronic messages must contain a functional unsubscribe facility\n\n (1) A person must not send, or cause to be sent, a commercial electronic message that:\n (a) has an Australian link; and\n (b) is not a designated commercial electronic message;\n unless:\n (c) the message includes:\n (i) a statement to the effect that the recipient may use an electronic address set out in the message to send an unsubscribe message to the individual or organisation who authorised the sending of the first‑mentioned message; or\n (ii) a statement to similar effect; and\n (d) the statement is presented in a clear and conspicuous manner; and\n (e) the electronic address is reasonably likely to be capable of receiving:\n (i) the recipient’s unsubscribe message (if any); and\n (ii) a reasonable number of similar unsubscribe messages sent by other recipients (if any) of the same message;\n at all times during a period of at least 30 days after the message is sent; and\n (f) the electronic address is legitimately obtained; and\n (g) the electronic address complies with the condition or conditions (if any) specified in the regulations.\n\n> Note 1: For unsubscribe message, see subsection (8).\n\n> Note 2: For Australian link, see section 7.\n\n> Note 3: For designated commercial electronic message, see Schedule 1.\n\n (2) Subsection (1) does not apply if the person:\n (a) did not know; and\n (b) could not, with reasonable diligence, have ascertained;\n that the message had an Australian link.\n (3) Subsection (1) does not apply to the extent (if any) to which it is inconsistent with the terms of a contract or other agreement between:\n (a) the individual or organisation who authorised the sending of the first‑mentioned message; and\n (b) the relevant electronic account‑holder.\n (4) Subsection (1) does not apply if the person sent the message, or caused the message to be sent, by mistake.\n (5) A person who wishes to rely on subsection (2), (3) or (4) bears an evidential burden in relation to that matter.\n Ancillary contraventions\n (6) A person must not:\n (a) aid, abet, counsel or procure a contravention of subsection (1); or\n (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or\n (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or\n (d) conspire with others to effect a contravention of subsection (1).\n (7) A person does not contravene subsection (6) merely because the person supplies a carriage service that enables an electronic message to be sent.\n Civil penalty provisions\n (8) Subsections (1) and (6) are civil penalty provisions.\n\n> Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.\n\n Unsubscribe message\n (9) For the purposes of the application of this section to a commercial electronic message, where the sending of the message is authorised by an individual or organisation, an unsubscribe message is:\n (a) an electronic message to the effect that the relevant electronic account‑holder does not want to receive any further commercial electronic messages from or authorised by that individual or organisation; or\n (b) an electronic message to similar effect.","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Rules about address‑harvesting software and harvested‑address lists","content":"## Part 3—Rules about address‑harvesting software and harvested‑address lists","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Simplified outline","content":"#### 19 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• Address‑harvesting software must not be supplied, acquired or used.\n\n• An electronic address list produced using address‑harvesting software must not be supplied, acquired or used.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Address‑harvesting software and harvested‑address lists must not be supplied","content":"#### 20 Address‑harvesting software and harvested‑address lists must not be supplied\n\n (1) A person (the supplier) must not supply or offer to supply:\n (a) address‑harvesting software; or\n (b) a right to use address‑harvesting software; or\n (c) a harvested‑address list; or\n (d) a right to use a harvested‑address list;\n to another person (the customer) if:\n (e) the supplier is:\n (i) an individual who is physically present in Australia at the time of the supply or offer; or\n (ii) a body corporate or partnership that carries on business or activities in Australia at the time of the supply or offer; or\n (f) the customer is:\n (i) an individual who is physically present in Australia at the time of the supply or offer; or\n (ii) a body corporate or partnership that carries on business or activities in Australia at the time of the supply or offer.\n\n> Note: For treatment of partnerships, see section 585 of the Telecommunications Act 1997.\n\n (2) Subsection (1) does not apply if the supplier had no reason to suspect that the customer, or another person, intended to use the address‑harvesting software or the harvested‑address list, as the case may be, in connection with sending commercial electronic messages in contravention of section 16.\n (3) Subsection (1) does not apply if the supplier:\n (a) did not know; and\n (b) could not, with reasonable diligence, have ascertained;\n that the customer was:\n (c) an individual who was physically present in Australia at the time of the supply or offer; or\n (d) a body corporate or partnership that carried on business or activities in Australia at the time of the supply or offer.\n (4) A person who wishes to rely on subsection (3) bears an evidential burden in relation to that matter.\n Ancillary contraventions\n (5) A person must not:\n (a) aid, abet, counsel or procure a contravention of subsection (1); or\n (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or\n (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or\n (d) conspire with others to effect a contravention of subsection (1).\n Civil penalty provisions\n (6) Subsections (1) and (5) are civil penalty provisions.\n\n> Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Address‑harvesting software and harvested‑address lists must not be acquired","content":"#### 21 Address‑harvesting software and harvested‑address lists must not be acquired\n\n (1) A person must not acquire:\n (a) address‑harvesting software; or\n (b) a right to use address‑harvesting software; or\n (c) a harvested‑address list; or\n (d) a right to use a harvested‑address list;\n if the person is:\n (e) an individual who is physically present in Australia at the time of the acquisition; or\n (f) a body corporate or partnership that carries on business or activities in Australia at the time of the acquisition.\n\n> Note: For treatment of partnerships, see section 585 of the Telecommunications Act 1997.\n\n (2) Subsection (1) does not apply if the person did not intend to use the address‑harvesting software or the harvested‑address list, as the case may be, in connection with sending commercial electronic messages in contravention of section 16.\n Ancillary contraventions\n (3) A person must not:\n (a) aid, abet, counsel or procure a contravention of subsection (1); or\n (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or\n (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or\n (d) conspire with others to effect a contravention of subsection (1).\n Civil penalty provisions\n (4) Subsections (1) and (3) are civil penalty provisions.\n\n> Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Address‑harvesting software and harvested‑address lists must not be used","content":"#### 22 Address‑harvesting software and harvested‑address lists must not be used\n\n (1) A person must not use:\n (a) address‑harvesting software; or\n (b) a harvested‑address list;\n if the person is:\n (c) an individual who is physically present in Australia at the time of the use; or\n (d) a body corporate or partnership that carries on business or activities in Australia at the time of the use.\n\n> Note: For treatment of partnerships, see section 585 of the Telecommunications Act 1997.\n\n (2) Subsection (1) does not apply in relation to the use of address‑harvesting software or a harvested‑address list, if the use was not in connection with sending commercial electronic messages in contravention of section 16.\n Ancillary contraventions\n (3) A person must not:\n (a) aid, abet, counsel or procure a contravention of subsection (1); or\n (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or\n (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or\n (d) conspire with others to effect a contravention of subsection (1).\n Civil penalty provisions\n (4) Subsections (1) and (3) are civil penalty provisions.\n\n> Note: Part 4 provides for pecuniary penalties for breaches of civil penalty provisions.","sortOrder":24},{"sectionNumber":"Part 4","sectionType":"part","heading":"Civil penalties","content":"## Part 4—Civil penalties","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Simplified outline","content":"#### 23 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• Pecuniary penalties are payable for contraventions of civil penalty provisions.\n\n• Proceedings for the recovery of penalties are to be instituted in the Federal Court.\n\n• The Federal Court may make ancillary orders:\n\n(a) directing the payment of compensation to a victim of a contravention of a civil penalty provision; and\n\n(b) directing the payment to the Commonwealth of an amount up to the amount of any financial benefit that is attributable to a contravention of a civil penalty provision.\n\n> Note: Schedule 3 sets up a system of infringement notices relating to contraventions of civil penalty provisions.","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Pecuniary penalties for contravention of civil penalty provisions","content":"#### 24 Pecuniary penalties for contravention of civil penalty provisions\n\n (1) If the Federal Court is satisfied that a person has contravened a civil penalty provision, the Court may order the person to pay to the Commonwealth such pecuniary penalty, in respect of each contravention, as the Court determines to be appropriate.\n (2) In determining the pecuniary penalty, the Court must have regard to all relevant matters, including:\n (a) the nature and extent of the contravention; and\n (b) the nature and extent of any loss or damage suffered as a result of the contravention; and\n (c) the circumstances in which the contravention took place; and\n (d) whether the person has previously been found by the Court in proceedings under this Act to have engaged in any similar conduct; and\n (e) if the Court considers that it is appropriate to do so—whether the person has previously been found by a court in a foreign country to have engaged in any similar conduct.","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Maximum penalties for contravention of civil penalty provisions","content":"#### 25 Maximum penalties for contravention of civil penalty provisions\n\n (1) The maximum penalty payable under subsection 24(1) by a person in respect of a contravention of a civil penalty provision depends on:\n (a) whether the person has a prior record in relation to the civil penalty provision (see subsection (2)); and\n (b) whether the person is a body corporate; and\n (c) whether the civil penalty provision is subsection 16(1), (6) or (9).\n Prior record\n (2) If:\n (a) on a particular day (the first day), the Federal Court makes an order under subsection 24(1) against a person in respect of a contravention of a particular civil penalty provision; and\n (b) that is the first occasion on which the Federal Court makes an order under subsection 24(1) against the person in respect of a contravention of the civil penalty provision;\n then, for the purposes of determining the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision that occurs after the first day, the person has a prior record in relation to the civil penalty provision.\n Maximum penalty payable by body corporate—no prior record\n (3) If a body corporate does not have a prior record in relation to a particular civil penalty provision:\n (a) the penalty payable under subsection 24(1) by the body corporate in respect of a contravention of the civil penalty provision must not exceed:\n (i) if the civil penalty provision is subsection 16(1), (6) or (9)—100 penalty units; or\n (ii) in any other case—50 penalty units; and\n (b) if the Federal Court finds that the body corporate has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the body corporate in respect of those contraventions must not exceed:\n (i) if the civil penalty provision is subsection 16(1), (6) or (9)—2,000 penalty units; or\n (ii) in any other case—1,000 penalty units.\n Maximum penalty payable by a person other than a body corporate—no prior record\n (4) If a person other than a body corporate does not have a prior record in relation to a particular civil penalty provision:\n (a) the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision must not exceed:\n (i) if the civil penalty provision is subsection 16(1), (6) or (9)—20 penalty units; or\n (ii) in any other case—10 penalty units; and\n (b) if the Federal Court finds that the person has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the person in respect of those contraventions must not exceed:\n (i) if the civil penalty provision is subsection 16(1), (6) or (9)—400 penalty units; or\n (ii) in any other case—200 penalty units.\n Maximum penalty payable by body corporate—prior record\n (5) If a body corporate has a prior record in relation to a particular civil penalty provision:\n (a) the penalty payable under subsection 24(1) by the body corporate in respect of a contravention of the civil penalty provision must not exceed:\n (i) if the civil penalty provision is subsection 16(1), (6) or (9)—500 penalty units; or\n (ii) in any other case—250 penalty units; and\n (b) if the Federal Court finds that the body corporate has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the body corporate in respect of those contraventions must not exceed:\n (i) if the civil penalty provision is subsection 16(1), (6) or (9)—10,000 penalty units; or\n (ii) in any other case—5,000 penalty units.\n Maximum penalty payable by a person other than a body corporate—prior record\n (6) If a person other than a body corporate has a prior record in relation to a particular civil penalty provision:\n (a) the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision must not exceed:\n (i) if the civil penalty provision is subsection 16(1), (6) or (9)—100 penalty units; or\n (ii) in any other case—50 penalty units; and\n (b) if the Federal Court finds that the person has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the person in respect of those contraventions must not exceed:\n (i) if the civil penalty provision is subsection 16(1), (6) or (9)—2,000 penalty units; or\n (ii) in any other case—1,000 penalty units.","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Civil action for recovery of pecuniary penalties","content":"#### 26 Civil action for recovery of pecuniary penalties\n\n (1) The ACMA may institute a proceeding in the Federal Court for the recovery on behalf of the Commonwealth of a pecuniary penalty referred to in section 24.\n (2) A proceeding under subsection (1) may be commenced within 6 years after the contravention.\n (3) The Federal Court may direct that 2 or more proceedings under subsection (1) are to be heard together.","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Criminal proceedings not to be brought for contravention of civil penalty provisions","content":"#### 27 Criminal proceedings not to be brought for contravention of civil penalty provisions\n\n Criminal proceedings do not lie against a person only because the person has contravened a civil penalty provision.","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Ancillary orders—compensation","content":"#### 28 Ancillary orders—compensation\n\n (1) If:\n (a) in one or more proceedings under section 26, the Federal Court finds that a person (the perpetrator) has contravened one or more civil penalty provisions; and\n (b) the Court is satisfied that another person (the victim) has suffered loss or damage as a result of any or all of those contraventions;\n the Court may, on the application of the ACMA or the victim, make an order that the Court considers appropriate directing the perpetrator to compensate the victim.\n (2) In determining whether a person (the victim) has suffered loss or damage as a result of one or more contraventions by another person of section 16 in relation to the sending of one or more commercial electronic messages, and in assessing the amount of compensation payable, the Court may have regard to the following:\n (a) the extent to which any expenses incurred by the victim are attributable to dealing with the messages;\n (b) the effect of dealing with the messages on the victim’s ability to carry on business or other activities;\n (c) any damage to the reputation of the victim’s business that is attributable to dealing with the messages;\n (d) any loss of business opportunities suffered by the victim as a result of dealing with the messages;\n (e) any other matters that the Court considers relevant.\n (3) The Federal Court may make an order under subsection (1), whether or not it makes an order under section 24.\n (4) An application under subsection (1) may be made at any time within 6 years after the contravention concerned.","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Ancillary orders—recovery of financial benefit","content":"#### 29 Ancillary orders—recovery of financial benefit\n\n (1) If:\n (a) in one or more proceedings under section 26, the Federal Court finds that a person has contravened one or more civil penalty provisions; and\n (b) the Court is satisfied that the person has obtained (whether directly or indirectly) a financial benefit that is reasonably attributable to any or all of those contraventions;\n the Court may, on the application of the ACMA, make an order directing the person to pay to the Commonwealth an amount up to the amount of the financial benefit.\n (2) The Federal Court may make an order under subsection (1), whether or not it makes an order under section 24.\n (3) An application under subsection (1) may be made at any time within 6 years after the contravention concerned.","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Schedule 3 (infringement notices)","content":"#### 30 Schedule 3 (infringement notices)\n\n Schedule 3 has effect.","sortOrder":33},{"sectionNumber":"Part 5","sectionType":"part","heading":"Injunctions","content":"## Part 5—Injunctions","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Simplified outline","content":"#### 31 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• The Federal Court may grant injunctions in relation to contraventions of civil penalty provisions.","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Injunctions","content":"#### 32 Injunctions\n\n Restraining injunctions\n (1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of a civil penalty provision, the Federal Court may, on the application of the ACMA, grant an injunction:\n (a) restraining the person from engaging in the conduct; and\n (b) if, in the Court’s opinion, it is desirable to do so—requiring the person to do something.\n Performance injunctions\n (2) If:\n (a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n (b) the refusal or failure was, is or would be a contravention of a civil penalty provision;\n the Federal Court may, on the application of the ACMA, grant an injunction requiring the person to do that act or thing.","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Interim injunctions","content":"#### 33 Interim injunctions\n\n Grant of interim injunction\n (1) If an application is made to the Federal Court for an injunction under section 32, the Court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.\n No undertakings as to damages\n (2) The Federal Court is not to require an applicant for an injunction under section 32, as a condition of granting an interim injunction, to give any undertakings as to damages.","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Discharge etc. of injunctions","content":"#### 34 Discharge etc. of injunctions\n\n The Federal Court may discharge or vary an injunction granted under this Part.","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Certain limits on granting injunctions not to apply","content":"#### 35 Certain limits on granting injunctions not to apply\n\n Restraining injunctions\n (1) The power of the Federal Court under this Part to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n Performance injunctions\n (2) The power of the Federal Court to grant an injunction requiring a person to do an act or thing may be exercised:\n (a) if the Court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Other powers of the Federal Court unaffected","content":"#### 36 Other powers of the Federal Court unaffected\n\n The powers conferred on the Federal Court under this Part are in addition to, and not instead of, any other powers of the Court, whether conferred by this Act or otherwise.","sortOrder":40},{"sectionNumber":"Part 6","sectionType":"part","heading":"Enforceable undertakings","content":"## Part 6—Enforceable undertakings","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Simplified outline","content":"#### 37 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• A person may give the ACMA an enforceable undertaking in connection with a matter relating to:\n\n(a) commercial electronic messages; or\n\n(b) address‑harvesting software.","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Acceptance of undertakings","content":"#### 38 Acceptance of undertakings\n\n (1) The ACMA may accept a written undertaking given by a person for the purposes of this section in connection with a matter relating to:\n (a) commercial electronic messages; or\n (b) address‑harvesting software.\n (2) The person may withdraw or vary the undertaking at any time, but only with the consent of the ACMA.","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Enforcement of undertakings","content":"#### 39 Enforcement of undertakings\n\n (1) If the ACMA considers that a person who gave an undertaking under section 38 has breached any of its terms, the ACMA may apply to the Federal Court for an order under subsection (2).\n (2) If the Federal Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders:\n (a) an order directing the person to comply with that term of the undertaking;\n (b) an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n (c) any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;\n (d) any other order that the Court considers appropriate.","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Assessment of compensation for breach of undertaking","content":"#### 40 Assessment of compensation for breach of undertaking\n\n (1) This section applies if, in a proceeding under section 39, the Federal Court finds that a person has breached a term of an undertaking relating to the sending of commercial electronic messages.\n (2) In determining whether another person (the victim) has suffered loss or damage as a result of the breach, and in assessing the amount of compensation payable, the Court may have regard to the following:\n (a) the extent to which any expenses incurred by the victim are attributable to dealing with the messages;\n (b) the effect of dealing with the messages on the victim’s ability to carry on business or other activities;\n (c) any damage to the reputation of the victim’s business that is attributable to dealing with the messages;\n (d) any loss of business opportunities suffered by the victim as a result of dealing with the messages;\n (e) any other matters that the Court considers relevant.","sortOrder":45},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"## Part 7—Miscellaneous","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Formal warnings—breach of civil penalty provision","content":"#### 41 Formal warnings—breach of civil penalty provision\n\n The ACMA may issue a formal warning if a person contravenes a civil penalty provision.","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Additional ACMA functions","content":"#### 42 Additional ACMA functions\n\n The ACMA has the following functions:\n (a) to conduct and/or co‑ordinate community education programs about either or both of the following:\n (i) unsolicited commercial electronic messages;\n (ii) address‑harvesting software;\n in consultation with relevant industry and consumer groups and government agencies;\n (b) to conduct and/or commission research into issues relating to either or both of the following:\n (i) unsolicited commercial electronic messages;\n (ii) address‑harvesting software;\n (c) to liaise with regulatory and other relevant bodies overseas about co‑operative arrangements for the prohibition or regulation of either or both of the following:\n (i) unsolicited commercial electronic messages;\n (ii) address‑harvesting software.","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Operation of State and Territory laws","content":"#### 43 Operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Implied freedom of political communication","content":"#### 44 Implied freedom of political communication\n\n This Act does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"Giving effect to international conventions","content":"#### 45 Giving effect to international conventions\n\n (1) The regulations may make provision for and in relation to giving effect to an international convention that deals with either or both of the following:\n (a) commercial electronic messages;\n (b) address‑harvesting software.\n (2) Regulations made for the purposes of subsection (1) may:\n (a) vest the Federal Court with jurisdiction in a matter or matters arising under the regulations; and\n (b) prescribe penalties, not exceeding a fine of 50 penalty units, for offences against the regulations; and\n (c) declare that a specified provision of the regulations is a civil penalty provision for the purposes of this Act.","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Regulations","content":"#### 47 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted to be prescribed by this Act; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":52}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 2003 Act focused primarily on unsolicited email, but the compiled version incorporates amendments that expand coverage to instant messaging accounts, voice calls in limited circumstances, and updated entity categories (e.g. registered charities under the 2012 Charities Act). It has also grown to include detailed infringement-notice machinery, ancillary orders for financial-benefit recovery, and explicit extraterritorial reach, moving beyond the initial narrow anti-spam remit into a broader electronic-messaging regulatory framework."},"complexity_factors":["Over 40 densely cross-referenced defined terms in s 4, including layered definitions for 'commercial electronic message', 'Australian link', 'consent', 'address-harvesting software' and 'designated commercial electronic message'","Multiple conditional exceptions and defences in ss 16(2)–(4), 17(2)–(3), 18(2)–(4), 20(2)–(3), 21(2) and 22(2), each carrying an evidential burden on the defendant","Intricate civil penalty regime in ss 24–25 with different maximums depending on prior record, body corporate status, whether the breach involves s 16, and daily caps for multiple contraventions (e.g. 10,000 penalty units for a body corporate with prior record breaching s 16 on one day)","Three detailed Schedules that modify core rules: Schedule 1 (designated messages exempt from ss 16 and 18), Schedule 2 (rules for inferring or withdrawing consent, including conspicuous publication rules and 5-business-day withdrawal period), and Schedule 3 (infringement notice system with tiered penalty tables)","Frequent interaction with and incorporation of concepts from the Telecommunications Act 1997, Competition and Consumer Act 2010, Criminal Code and Australian Charities and Not-for-profits Commission Act 2012"],"plain_english_summary":"**The Spam Act 2003** creates rules to reduce unwanted commercial electronic messages (like sales emails, SMS ads, or instant messages) that link to Australia. It bans sending unsolicited marketing messages unless the recipient has consented or the message fits narrow exceptions (such as certain factual notices or messages from government bodies, charities, or schools). Every commercial message must clearly identify who authorised it, give accurate contact details that work for at least 30 days, and include an easy, functional way for recipients to unsubscribe. The Act also prohibits supplying, acquiring or using software designed to harvest email addresses from the internet, or using any lists created with such software.\n\nIt affects any individual or organisation sending, or causing to be sent, these messages with an 'Australian link' (for example, the sender is in Australia, the recipient is in Australia, or the message is accessed from Australia). Breaches are not criminal offences but attract civil penalties enforced by the Australian Communications and Media Authority (ACMA) through the Federal Court, with possible fines scaled by the number of messages, whether the sender has prior breaches, and whether the sender is a company or individual. Courts can also order compensation to victims or require payment of any profits made from the breach. The goal is to protect consumers and businesses from spam while still allowing legitimate consented communication."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the text provided (the Act as originally passed), the scope is the Act’s original object: to regulate unsolicited commercial electronic messages with an Australian link and to prohibit address‑harvesting software and harvested lists, with enforcement by ACMA and the Federal Court (s3; ss16, 20–22; Parts 4–6). The Act does allow the Executive to alter practical scope and detail through regulations (s47, s6(7), Schedule 1 and Schedule 2 references) and to give effect to international conventions (s45). Those delegated powers permit future changes in application but do not indicate that the statutory scope, as textually expressed here, has been altered from the original intent."},"complexity_factors":["Extensive definitions that determine coverage (electronic message, commercial electronic message, Australian link, consent) (ss4–7; Schedule 2)","Multiple interacting exemptions and defences (consent, mistake, lack of knowledge of Australian link, contractual exceptions) (ss16(2)–(4), 17(2)–(3), 18(2)–(4); Schedule 2)","Separate prohibitions for sending messages and for supplying/acquiring/using address‑harvesting tools and harvested lists with knowledge/intent elements (ss16, 20–22)","Graduated civil penalty regime with different caps depending on actor type, prior record and particular provisions (ss24–25)","Multiple enforcement pathways: ACMA warnings, infringement notices (Schedule 3), enforceable undertakings, Federal Court litigation, injunctions, compensation and recovery of financial benefit (Parts 4–6; Schedule 3)","Significant regulatory discretion to modify definitions and exemptions through regulations (s6(7), Schedule 1, Schedule 2, s47, s45)","Evidential burdens on respondents who claim exceptions, requiring recordkeeping and proof (ss16(5), 17(4), 18(5))","Extra‑territorial application tied to the fact‑based concept of an \"Australian link\" (s7, s14), creating cross‑border compliance issues","Interaction with other legislation referenced in the Act (Telecommunications Act, Criminal Code) which affects interpretation and enforcement (noted in s3 and within definitions)"],"plain_english_summary":"What this law changes, mechanically\n\n- Sets up rules that govern commercial electronic messages (email, instant messages, SMS and similar) and tools used to collect electronic addresses. The basic operation is: some messages are defined as \"commercial electronic messages\" (s6) and, if they have an \"Australian link\" (s7), certain conduct about those messages is prohibited (Part 2). The Act also bans the supply, acquisition and use of address‑harvesting software and address lists produced by that software (ss20–22).\n\nWhat the Act requires and who it affects\n\n- Prohibits sending unsolicited commercial electronic messages that have an Australian link, unless consent or another narrow exception applies (s16). This affects any individual or organisation that sends or authorises the sending of such messages when an Australian link exists (s7, s8).\n- Requires commercial messages with an Australian link to include accurate sender identification and contact information that is likely to remain valid for at least 30 days (s17).\n- Requires such commercial messages (unless they are \"designated\" under Schedule 1) to contain a clear, functioning unsubscribe facility that can receive and process unsubscribe requests for at least 30 days (s18).\n- Prohibits supplying, acquiring or using address‑harvesting software or harvested‑address lists in Australia or by people/entities carrying on activities in Australia, subject to exceptions about knowledge and intent (ss20–22).\n\nWho enforces the rules and what remedies exist\n\n- The Australian Communications and Media Authority (ACMA) enforces the Act. ACMA can issue formal warnings (s41), accept enforceable undertakings (ss38–40), give infringement notices (Schedule 3) and commence civil proceedings in the Federal Court for recovery of pecuniary penalties (ss24, 26).\n- The Federal Court may order pecuniary penalties, make compensation orders for victims, recover financial benefits obtained from contraventions, grant injunctions (Parts 4–5), and enforce or supervise breaches of ACMA undertakings (ss28–29, 32–39).\n- Many contraventions are civil penalty provisions; penalties depend on whether the contravention is by an individual or body corporate, whether there is a prior record, and which provision is contravened (ss24–25). In some cases ACMA can offer infringement notices with set penalty amounts instead of court proceedings (Schedule 3).\n\nOfficial purpose and the Act’s stated rationale\n\n- The Act states its scheme regulates commercial electronic messages and address‑harvesting software, and sets out the principal obligations: no unsolicited commercial electronic messages (s16); accurate sender identification (s17); and a functional unsubscribe facility (s18). The simplified outline in s3 and the Part‑level outlines repeat these points (ss15, 19, 23, 31, 37).\n\nTesting the stated purpose against costs, incentives and implementation details (source‑grounded)\n\n- Who pays: senders and authorisers of commercial electronic messages bear compliance costs. They must verify consent or an Australian link (s16), include accurate identification and contact details for at least 30 days (s17), and maintain an unsubscribe facility able to receive and process messages for at least 30 days (s18). Bodies that supply, acquire or use address‑harvesting tools or harvested lists risk penalties if they are in or doing business in Australia (ss20–22).\n\n- Incentives created: the Act penalises unwanted commercial messaging (s16) and the use of harvested lists (ss20–22). This creates an incentive for message senders to obtain demonstrable consent (Schedule 2), to maintain correct sender information (s17) and to provide and monitor an unsubscribe facility (s18). ACMA enforcement options (warnings, infringement notices, court proceedings, undertakings) give a compliance/dispute pathway that may encourage remediation before litigation (ss38–41, Schedule 3).\n\n- Compliance burden and operational detail: obligations include checking whether a message has an \"Australian link\" (s7), documenting consent (Schedule 2), and ensuring unsubscribe addresses are legitimately obtained and can handle a reasonable number of unsubscribe messages for at least 30 days (s18). Organisations must be able to show, if relying on exceptions (consent, mistake, lack of Australian link), evidence meeting an evidential burden (ss16(5), 16(8), 17(4), 18(5); Schedule 2). Maintaining records and technical capacity to receive and process unsubscribes imposes operational and possibly IT costs (s18).\n\n- Discretion and who decides: ACMA has discretion to accept and enforce undertakings, issue infringement notices, research and liaise internationally, and run community education (ss38, 41–42, Schedule 3). The Federal Court has discretion over penalty quantum, compensation and injunctions (ss24, 28–29, 32–36). The regulations can modify definitions and exempt or include message types (s6(7), Schedule 1 and Schedule 2 note regulatory roles; s47), so government regulation-making can shift practical scope.\n\n- Trade‑offs and opportunity costs: senders who rely on broad email marketing will need either to obtain or document consent, segment lists to avoid Australian‑linked recipients, or avoid sending at all to addresses likely to be covered by the Act (s16). Suppliers or users of address‑harvesting software will face restrictions if they operate in or target Australian users (ss20–22). The Act permits some types of factual or narrowly framed messages to be \"designated\" and thus exempt from the unsolicited and unsubscribe rules (Schedule 1), which reduces compliance burden for certain institutional messages but requires senders to fit within Schedule 1 criteria.\n\n- Risks of substitution and enforcement limits: the Act excludes voice calls via standard telephone services from being \"electronic messages\" (s5(5)), so behaviour may shift between channels. Carriage service providers are not treated as senders merely for supplying carriage (s9), which narrows enforcement focus to message originators or authorisers. The Act extends extra‑territorially where an \"Australian link\" exists (s14, s7), but senders can rely on a defence where they did not know and could not, with reasonable diligence, have ascertained an Australian link (ss16(3), 17(2), 18(2)).\n\n- Implementation risk and regulatory levers: many key details are left to regulations (e.g., what may be a designated message, or additional conditions for sender information and unsubscribe facilities) and to the courts when imposing penalties (s47; s24). That creates room for administrative detail to shape practical application.\n\nConcrete examples of behaviour changes (source‑grounded)\n\n- Marketing lists: organisations will need to avoid using harvested lists (ss20–22) and ensure lists only include addresses where consent can be shown or where a Schedule 1 designation applies.\n- Message content and headers: senders must include accurate authoriser identity and contact details that meet regulatory conditions and 30‑day validity (s17).\n- Unsubscribe handling: senders must provide a clear unsubscribe statement and operate an address able to receive unsubscribe messages for 30 days after sending, subject to legitimate obtaining of that address and any contractual exceptions (s18).\n\nLegal consequences\n\n- Contraventions of the core civil penalty provisions (including ss16, 17, 18 and the address‑harvesting provisions) can lead to civil penalties in the Federal Court (ss24–25), infringement notices under Schedule 3 (Schedule 3), injunctions (Part 5) and enforceable undertakings enforced by the Court (Part 6). The Act also allows compensation orders for victims and recovery of financial benefits obtained through contraventions (ss28–29).\n\nWhere to look in the Act for detail\n\n- Definitions and coverage: ss4–5–6–7 (definitions of electronic message, commercial electronic message, and Australian link).\n- Forbidden conduct and message content rules: ss16–18.\n- Address‑harvesting prohibitions: ss20–22.\n- Enforcement and penalties: Parts 4–6 and Schedule 3 (ss23–40, Schedule 3).\n\nSummary statement\n\nThe Act establishes a rule‑based scheme enforced by ACMA and the Federal Court that prohibits unsolicited commercial electronic messages with an Australian link (unless consent or a narrow exception applies), requires accurate sender identity and a functional unsubscribe facility, and bans address‑harvesting tools and lists when used in or directed at Australia. The Act balances clear operational duties for senders (content, unsubscribe handling, consent) with enforcement options (warnings, infringement notices, court orders), while leaving definitional and procedural detail to regulations and court discretion (s47; ss24–25)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope is broader than a simple 'no spam' law. It extends to: messages that facilitate fraud or deception (not just legitimate commercial promotion); address-harvesting software as a standalone regulated activity; extra-territorial conduct wherever an Australian link exists; and messages from overseas senders targeting Australian recipients. The inclusion of scam-facilitation messages (sections 6(1)(m)-(o)) and the broad 'Australian link' test mean the Act reaches well beyond the intuitive concept of domestic commercial email marketing."},"complexity_factors":["Multiple interlocking definitions that build on each other (e.g. 'electronic message', 'commercial electronic message', 'Australian link', 'designated commercial electronic message', 'consent') requiring cross-referencing across sections and schedules","Tiered penalty structure with different calculations depending on: prior record, body corporate vs individual, which specific provision was breached, and number of contraventions on a single day","Three separate schedules (Designated Messages, Consent, Infringement Notices) that operate in conjunction with the main body of the Act","Nuanced consent framework including express consent, inferred consent, consent via published email addresses (with conditions), and a 5-business-day withdrawal mechanism","Extra-territorial application with a multi-limb 'Australian link' test requiring geographic and organisational analysis","Dual enforcement pathways (infringement notices vs Federal Court proceedings) with different procedural rules and consequences","Carve-outs and exemptions scattered throughout (designated messages, mistake defence, carriage service provider safe harbour, implied freedom of political communication) that require careful reading","Ancillary contravention provisions (aiding, abetting, conspiring) that extend liability beyond the primary sender","Regulation-making powers in multiple sections that mean the full legal picture requires checking subordinate legislation"],"plain_english_summary":"## What is the Spam Act 2003?\n\nThis law is Australia's main anti-spam law. It sets rules about commercial electronic messages — basically, any email, SMS, or instant message that's trying to sell you something, promote a business, or even scam you.\n\n## Who does it affect?\n\n**If you receive emails/messages:** This law is designed to protect you from unsolicited (unwanted) commercial messages with an Australian connection.\n\n**If you send commercial messages (businesses, marketers):** You must follow three core rules or face serious fines:\n\n1. **Get consent first** — You cannot send commercial messages unless the recipient has agreed to receive them (either by explicitly opting in, or in some cases consent can be reasonably inferred — for example, if someone published their work email address publicly for business purposes).\n\n2. **Identify yourself clearly** — Every commercial message must clearly show who sent it and include contact details that stay valid for at least 30 days.\n\n3. **Include an unsubscribe option** — Every commercial message must include a working way for recipients to opt out, and that opt-out mechanism must remain functional for at least 30 days. Once someone unsubscribes, you have 5 business days to stop sending them messages.\n\n## What's exempt?\n\nSome messages don't need to comply with the consent and unsubscribe rules (though they still need to identify the sender). These \"designated\" (specially categorised) messages include:\n- Factual information with no commercial pitch (like a newsletter that's genuinely just news)\n- Messages from government bodies, registered political parties, or registered charities about their own goods/services\n- Messages from educational institutions to current or former students about the institution's own goods/services\n\n## What about address harvesting?\n\nThe law also bans **address-harvesting software** — programs designed to automatically scrape the internet collecting people's email addresses. You cannot supply, buy, or use such software, or use lists of addresses collected that way, if you intend to spam people.\n\n## What are the penalties?\n\nBreaches are handled as **civil matters** (not criminal), meaning no jail time — but the fines can be massive:\n- **Companies:** Up to 2,000 penalty units per day for unsolicited messages (no prior record), rising to 10,000 penalty units per day for repeat offenders\n- **Individuals:** Lower but still significant fines\n- The regulator (**ACMA** — the Australian Communications and Media Authority) can also seek court injunctions (court orders to stop the behaviour) and compensation for victims\n- As a quicker alternative to court, ACMA can issue **infringement notices** (on-the-spot fines) that companies can simply pay to resolve the matter without going to court\n\n## Who enforces it?\n\nACMA is responsible for enforcement. They can issue warnings, accept voluntary compliance undertakings (written promises to fix the problem), issue infringement notices, or take cases to the Federal Court.\n\n## Does it apply internationally?\n\nYes — if a message has an **Australian link** (sent from Australia, received in Australia, or the sender is an Australian organisation), it's covered regardless of where the sender is physically located."}},"importantCases":[],"_links":{"self":"/api/acts/spam-act-2003","history":"/api/acts/spam-act-2003/history","analysis":"/api/acts/spam-act-2003/analysis","conflicts":"/api/acts/spam-act-2003/conflicts","importantCases":"/api/acts/spam-act-2003/important-cases","documents":"/api/acts/spam-act-2003/documents"}}