Marketing SMS in Australia are governed by the Spam Act 2003 and the Privacy Act 1988, both enforced by the Australian Communications and Media Authority (ACMA). The principle is the same nationwide: you need consent, clear identification of the sender and a working unsubscribe in every message.

No consent, no SMS: Penalties under the Spam Act can reach AU$2.2 million per day for repeat business offenders. ACMA actively investigates consumer complaints.

The three core rules (Spam Act 2003)

RuleWhat it means
ConsentExpress or inferred — clearly documented
IdentificationSender clearly identified in every SMS
UnsubscribeFunctional opt-out in every message (typically STOP)

Express vs inferred consent

Express consent is when the recipient explicitly opts in (form, checkbox, signed agreement). Inferred consent only applies when there is a clear ongoing business relationship and the SMS relates directly to it. Address books, scraped lists or “the email is on the website” do not count as inferred consent.

Best practice: Re-confirm consent every 12–24 months for inactive subscribers and keep a timestamped record of every opt-in.

Other rules

Sender IDs and short codes must comply with ACMA telecommunications standards. Avoid sending late at night to keep complaints down. For a worldwide overview, see SMS laws and restrictions.

Stay compliant before your next Australian campaign

Use Mailpro’s opt-in management and STOP keyword handling to enforce the Spam Act automatically. Read how to send SMS with Mailpro.

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