How does Australia’s Spam Act compare?

Australia's Spam Act 2003 is tougher than the US approach but different from Canada's. If you're sending to Australian subscribers, it's worth understanding where it sits on the spectrum.

The key difference: Australia requires consent before you send. That's closer to Canada's CASL (which is strict) than to the US CAN-SPAM (which lets you send first and let people unsubscribe). You can get that consent two ways. Express consent means the subscriber actively agreed to hear from you. Inferred consent exists when there's an existing relationship or when someone's conduct suggests they'd want to hear from you (like publishing their email for business inquiries). Unlike CASL, Australian inferred consent doesn't expire. It persists as long as the relationship continues, though best practice is to get express consent when you can.

The law applies to messages with an "Australian link." That means messages sent to Australia, from Australia, or using Australian infrastructure. If you're mailing Australians, you've got an Australian link, and the rules apply to you.

Enforcement is real. The ACMA (Australian Communications and Media Authority) actively prosecutes violations with penalties up to $2.22 million AUD per day for serious breaches. Australia also partners with other countries on anti-spam enforcement, so violations tend to have international ripple effects.

Here's the practical side-by-side: CAN-SPAM (US) lets you email anyone and they opt out. CASL (Canada) requires permission before you send. Australia's Spam Act sits in the same consent-first camp as CASL but with more flexible inferred consent rules. If your Australian subscribers are on a permission-based list, you're likely compliant. If you bought or rented a list, you've probably violated the law. Start by auditing how you got your Australian addresses. That one question tells you if you're safe or if you need to clean your list before your next send.