{"id":"F2021L00285","name":"Spam Regulations 2021","slug":"spam-regulations-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440792,"registerId":"F2021L00285-fast-fetch-1775956301198","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Spam Regulations 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSpam Regulations 2021\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 18 March 2021\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nPaul Fletcher\n\nMinister for Communications, Urban Infrastructure, Cities and the Arts\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Commercial electronic messages\n\n6 Messages that are not commercial electronic messages\n\nPart 3—Rules about sending commercial electronic messages\n\n7 Conditions for electronic address for receiving unsubscribe message\n\nPart 4—Application and transitional provisions\n\n8 Electronic messages sent before, on or after 1 April 2021\n\nSchedule 1—Repeals\n\nSpam Regulations 2004\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Spam Regulations 2021.\n\n2  Commencement\n\n (1) Each provision of this instrument 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 \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 April 2021. 1 April 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Spam Act 2003.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) carriage service;\n\n(b) commercial electronic message.\n\n  In this instrument:\n\nAct means the Spam Act 2003.\n\ncarriage service provider has the same meaning as in the Telecommunications Act 1997.\n\ncarrier has the same meaning as in the Telecommunications Act 1997.\n\npremium service means a premium service within the meaning of the Telecommunications Regulations 2021, other than a service mentioned in subparagraph 9(2)(b)(ii) of that instrument.\n\nrelated person, in relation to the sender of a commercial electronic message, means a person who receives, or may receive, payment of a fee or charge, in relation to the use of an electronic address, on the basis of an agreement, arrangement or understanding with the sender, other than an agreement:\n\n (a) between the sender and a carrier or carriage service provider; and\n\n (b) under which the fee or charge to be imposed by the carrier or carriage service provider in that capacity will be less than would otherwise be charged for the use of that kind of electronic address.\n\nunsubscribe message has the meaning given by subsection 18(9) of the Act.\n\nPart 2—Commercial electronic messages\n\n \n\n6  Messages that are not commercial electronic messages\n\n  For the purposes of subsection 6(7) of the Act, a fax is not a commercial electronic message for the purposes of the Spam Act 2003.\n\nPart 3—Rules about sending commercial electronic messages\n\n \n\n7  Conditions for electronic address for receiving unsubscribe message\n\n (1) For the purposes of paragraph 18(1)(g) of the Act, this section specifies the conditions to be complied with by an electronic address set out in a commercial electronic message as the electronic address to be used to send an unsubscribe message.\n\nPremium service\n\n (2) The use of the electronic address must not require the recipient of the commercial electronic message to use a premium service.\n\nUsual cost\n\n (3) The electronic address must not cost more to use than the usual cost of using that kind of electronic address, using the same kind of technology as was used to receive the commercial electronic message.\n\nFees and charges\n\n (4) Subject to subsection (5), the use of the electronic address must not require the recipient of the commercial electronic message to pay a fee or other charge to the sender of the message or a related person.\n\n (5) If the sender of the commercial electronic message is also a carrier or a carriage service provider, subsection (4) does not apply to a fee or charge ordinarily imposed, for the use of carriage services, by the sender:\n\n (a) in the capacity of carrier or carriage service provider; and\n\n (b) on a monthly or other periodic basis.\n\nPersonal information and accounts\n\n (6) The use of the electronic address must not require the recipient of the commercial electronic message to:\n\n (a) provide personal information (within the meaning of the Privacy Act 1988) other than the electronic address to which the commercial electronic message was sent; or\n\n (b) log in to an existing account, or create a new account, with:\n\n (i) the person who sent the commercial electronic message or caused the message to be sent; or\n\n (ii) the individual or organisation who authorised the sending of the commercial electronic message.\n\nPart 4—Application and transitional provisions\n\n \n\n8  Electronic messages sent before, on or after 1 April 2021\n\n (1) This instrument applies in relation to an electronic message sent on or after 1 April 2021.\n\n (2) Despite the repeal of the Spam Regulations 2004 by Schedule 1 to this instrument, the Spam Regulations 2004 continue to apply, in relation to an electronic message sent before 1 April 2021, as if that repeal had not happened.\n\nSchedule 1—Repeals\n\n \n\nSpam Regulations 2004\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations maintain the same narrow scope as the original 2004 regulations they replace. They continue to provide technical implementation details for the Spam Act 2003, specifically around unsubscribe mechanisms and the fax exemption. There is no significant expansion beyond the original purpose of operationalising the primary Act."},"complexity_factors":["Short instrument with only 8 substantive sections plus a repeal schedule","Minimal defined terms (5 explicit definitions in section 5, plus references to Act definitions)","Simple structure with clear Parts covering preliminary matters, specific exemptions, and transitional rules","Limited cross-referencing — primarily references back to the Spam Act 2003 and Telecommunications Act 1997 for definitions","One nested exception in section 7(5) carving out carriers/carriage service providers from the 'no fees' rule","Straightforward transitional provision (section 8) with clear cut-off date of 1 April 2021"],"plain_english_summary":"These regulations require businesses and organisations to make unsubscribing from marketing emails, texts, and other electronic messages free, simple, and not contingent on extra charges, account logins, or additional personal data — while clarifying that faxes are excluded. \n\nThey affect marketers, consumers, and telcos by closing loopholes that could make opt-outs costly or difficult and by modernising the unsubscribe rules replacing the 2004 regulations."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The instrument repeals the Spam Regulations 2004 (Schedule 1) and introduces new rules that apply to electronic messages sent on or after 1 April 2021 (s2; s8). It narrows and clarifies scope in key respects by excluding faxes from the definition of 'commercial electronic message' (s6) and by prescribing specific, operational conditions for unsubscribe electronic addresses (s7), while preserving the old regulations for messages sent before 1 April 2021 (s8(2))."},"complexity_factors":["Cross‑references to multiple Acts and instruments (Spam Act 2003, Telecommunications Act 1997, Telecommunications Regulations 2021, Privacy Act 1988) — s3, s5.","New, specific conditions for unsubscribe addresses that impose operational requirements on senders (no premium service; usual cost; no fees to sender/related person; no extra personal info or account creation) — s7(2)–(6).","Definition-driven exceptions and linked concepts (definition of related person with carve outs for carriers; exception where sender is carrier or carriage service provider) — s5; s7(5).","Potentially vague standard terms such as 'usual cost' and reliance on technology parity, which may require factual assessment in enforcement or compliance advice — s7(3).","Transitional and repeal mechanics that preserve the 2004 Regulations for messages sent before 1 April 2021, creating a temporal boundary for compliance — Schedule 1; s2; s8(2).","Short instrument but substantive effect is realized through interaction with the Spam Act 2003 (authority) and consequential interpretation by regulators and courts — s3, throughout."],"plain_english_summary":"This instrument replaces the 2004 Spam Regulations and sets the rules that apply to commercial electronic messages sent on or after 1 April 2021. It clarifies that faxes are not treated as commercial electronic messages and prescribes conditions for an unsubscribe electronic address so recipients are not forced to use premium services, pay extra fees, supply additional personal information, or create accounts.\n\nWho pays and decides: senders must provide compliant unsubscribe routes; carriers retain ordinary carriage charges where expressly excepted. It matters because it sets clear, enforceable minimums for how unsubscribe facilities must work."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/spam-regulations-2021","history":"/api/acts/spam-regulations-2021/history","analysis":"/api/acts/spam-regulations-2021/analysis","conflicts":"/api/acts/spam-regulations-2021/conflicts","importantCases":"/api/acts/spam-regulations-2021/important-cases","documents":"/api/acts/spam-regulations-2021/documents"}}