Duty LXD-4707
Sends automated texts, in Australia
Each law's tag says when it binds: since in force proposed proposed
Spam Act 2003, Unsolicited Commercial Electronic Messagessince 6 lines
Spam Act 2003 (Cth), ss. 16-18, 24-25, 28, Sch. 1, Sch. 2 · Read the law's page
- Obtain the relevant electronic account-holder's express consent, or consent reasonably inferred from their conduct and business or other relationships, before sending, or causing to be sent, a commercial electronic message (an email, SMS, instant message or similar account message, but not a voice call) that has an Australian link, unless it is a designated commercial electronic message exempt under Schedule 1.
- Treat a business or work electronic address as impliedly consenting only if it was conspicuously published, the publication appears to have the agreement of the person or organisation it belongs to, it carries no statement that unsolicited commercial messages are unwanted, and the message you send is relevant to the work, office, function or role the address was published for.
- Every commercial electronic message with an Australian link, including a designated commercial electronic message, must clearly and accurately identify the individual or organisation who authorised it and include accurate contact information for them, reasonably likely to stay valid for at least 30 days.
- Every commercial electronic message with an Australian link that is not a designated commercial electronic message must include a clear and conspicuous statement that the recipient may send an unsubscribe message to an electronic address that is legitimately obtained and reasonably likely to be capable of receiving unsubscribe messages for at least 30 days after the message is sent.
- Once the account-holder, or a user of their account, sends you a message withdrawing consent (which includes an unsubscribe message under section 18), stop sending further commercial electronic messages to that address from the end of the fifth business day after it was sent, unless fresh consent is given.
- Do not send, or cause to be sent, a commercial electronic message with an Australian link to an electronic address you have no reason to believe exists.
Spam Act 2003, Address-Harvesting Software and Harvested-Address Listssince 3 lines
Spam Act 2003 (Cth), ss. 20-22, 24-25 · Read the law's page
- Do not supply, or offer to supply, address-harvesting software (software specifically designed or marketed for searching the internet for electronic addresses and collecting, compiling, capturing or otherwise harvesting them) or a harvested-address list, or a right to use either, to another person, where you or the customer is physically present in Australia or an entity carrying on business or activities in Australia at the time, if you have reason to suspect it will be used to send a commercial electronic message in contravention of section 16.
- Do not acquire address-harvesting software or a harvested-address list, or a right to use either, while you are physically present in Australia or an entity carrying on business or activities in Australia, if you intend to use it in connection with sending a commercial electronic message in contravention of section 16.
- Do not use address-harvesting software or a harvested-address list, while you are physically present in Australia or an entity carrying on business or activities in Australia, in connection with sending a commercial electronic message in contravention of section 16.
Privacy Amendment (Personal Data Protection) Bill 2026 (exposure draft)proposed4 lines
Exposure Draft, Privacy Amendment (Personal Data Protection) Bill 2026 (Cth), amending the Privacy Act 1988, released for consultation by the Attorney-General's Department on · Read the law's page
- Collect, use or disclose personal information only where doing so is fair and reasonable in the circumstances and lawful (draft Australian Privacy Principle 3).
- If you become aware of reasonable grounds to believe that an eligible data breach of your entity has occurred, give the Commissioner a statement within 72 hours (draft section 26WK).
- Provide a simple means of requesting not to receive direct marketing communications before making one, and give effect to such a request (draft Australian Privacy Principle 7).
- If you are an organisation that is a large digital platform, destroy an individual's personal information on request, subject to listed exceptions (draft Australian Privacy Principle 14).