Email Marketing Laws in Australia

The Spam Act 2003 (Cth) (‘the Spam Act’) governs email marketing in Australia, and the Australian Communications and Media Authority (ACMA) enforces these email marketing laws.

Three main rules are imposed on email marketers. These rules concern:

  • Consent,
  • Identification, and
  • unsubscribe options.

Consent

Most emails that we send will be ‘purely factual’ emails that are partially exempt under the Spam Act, or on the basis that you have given ‘inferred consent’. 

Purely factual emails may include emails that:

  • provide a price or quote,
  • provide a product description,
  • advise the recipient and are not commercial, and
  • are for the recipient’s safety.

Among these may be advice on changed Law, Regulation or Interpretation, and advice of new product features.

Inferred consent emails may include emails that:

  • provide a response to a request,’
  • provide updates on system performance issues, and
  • where it is reasonable to expect that the recipient expects to receive further emails.

For other email communication we follow the practice of gaining ‘express consent’. Express consent is where the recipient has deliberately opted-in to receiving emails from us. For example, this might be when the recipient enters their email address in a contact form and subsequently ticks a ‘subscribe’ box upon submitting.

Identity

In all our email to you we will ensure that you are able to contact the us or the person sending the email. We will never attempt to conceal our email or website address in our communication.

Unsubscribe Option

In our marketing emails we will provide you the option to unsubscribe from the emails with clear instructions on how to do so. If we receive a request to unsubscribe, we will honour that request within five business days.

An unsubscribe link will be included at the bottom of our email. 

Alternatively, you can reply back to the email saying that you wish to unsubscribe. 

You can withdraw your consent at any time if you no longer want to receive email communication from us.

Privacy Policy

Our privacy policy will inform you what we intend to do with information we collect. 

You will find our privacy policy here.