What is Spam Act 2003?

The three obligations are usually summarised as consent, identify, unsubscribe. Consent may be express or inferred; identification means the recipient can tell who sent the message and how to contact them; unsubscribe means an opt-out that works and is actioned within five working days.

The Act is enforced by the ACMA, which can issue infringement notices and seek substantial penalties. It applies to SMS and email equally, and to messages sent by a third party on a business's behalf.