Australia Spam Act 2003
Part 2: Rules for sending commercial electronic messages – Australia Spam Act 2003

Australia Spam Act 2003 s16-1: s 16(1) Send commercial electronic messages only with the recipient's consent

No one may send a commercial electronic message with an Australian link, or have one sent, unless it is a designated commercial electronic message or the relevant electronic account-holder consented to its sending (consent as defined in Schedule 2: express, or reasonably inferred from conduct and existing business or other relationships). The prohibition also does not apply where the sender did not know and could not with reasonable diligence have found out that the message had an Australian link, or where the message was sent by mistake (a reasonable mistake of fact). Whoever relies on consent or either exception carries the evidential burden, so the sender must be able to point to evidence of consent for each address. Contravention is a civil penalty provision carrying the higher penalty tier (s 25) and the higher infringement notice amounts (Schedule 3).

Maintained by Gerard Blokdyk

What else in your programme already covers this

This control maps to 4 controls across 4 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

  • APP-7 APP 7 - Direct marketing
  • ePD-Art.13 Unsolicited communications (Article 13)
  • Reg.22(2) Regulation 22(1), (2) and (4): Marketing emails and texts to individuals only with prior consent

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in Part 2: Rules for sending commercial electronic messages – Australia Spam Act 2003

Query this from an agent

The graph holds this control, the 4 it maps to, and the evidence behind each claim, over MCP and REST.