Yes.

The Privacy Act and the Spam Act regulate the sending of spam, but do this in different ways.

The Spam Act

As long as there is an Australian connection to a 'commercial electronic message', Spam Act rules will apply no matter who is going to get the message, or whose information is used.  This means that the message must have originated or been commissioned in Australia or sent from overseas to an address accessed in Australia.

If you didn't ask or expect to receive a commercial electronic message, then it may be 'spam' (see, What is spam?). 

Under the Spam Act commercial electronic messages must:

• be sent with your consent
• contain information identifying the sender
• include a functional unsubscribe mechanism (in other words, you can ask not to receive any more messages).

Commercial electronic messages that do not meet these three rules will generally be 'spam' and unlawful under the Spam Act.

The Privacy Act

The Privacy Act has rules about how your personal information is handled by Australian and ACT government agencies, private sector health services and many other businesses.

This includes commercial electronic messaging, but also other forms of direct marketing, such as faxes and telemarketing.  See, How does the Privacy Act apply to commercial electronic messages and spam?

More information

• Information Sheet 26.
• Detailed information about the Spam Act is available from the Australian Communications and Media Authority and from the Department of Broadband, Communications and the Digital Economy.

Back to Spam FAQs