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ARTICLE · 17 AUGUST 2025

The Spam Act - An Update

Pointon Partners
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Reminder to ensure that your business reviews its marketing procedures and complies with the Spam Act.

AustraliaCorporate/Commercial Law
Felicity Cara-Carson
Felicity Cara-Carson
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In Australia, the Spam Act 2003 ('Spam Act') contains requirements in relation to the sending of commercial electronic messages ('CEMs') which include, but are not limited to, SMS and email messages. Section 16 of the Spam Act expressly prohibits the sending of unsolicited CEMs that have an Australian link1 and are not classified as a designated commercial electronic message ('DCEM').2

The Australian Communications and Media Authority ('ACMA') investigates and enforces compliance with the Spam Act and the recent investigation of Tabcorp Holdings Limited ('Tabcorp') highlights the importance for businesses of ensuring compliance with this legislation.

In April 2025, the ACMA found that Tabcorp, a large gambling and entertainment services provider, had breached the Spam Act by sending thousands of unlawful marketing messages to customers of its VIP program between 1 February and 1 May 2024. The ACMA issued a penalty of $4,003,270 against Tabcorp3—one of the

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