AustraliaI keep getting marketing emails from a company I never signed up with. What are my rights?
You have the right to stop unsolicited marketing emails in Australia under the Spam Act. The sender must provide a functional unsubscribe facility and obtain consent before sending commercial electronic messages.
What the Law Says
Australia’s anti-spam laws strictly regulate commercial electronic messages, including marketing emails. The key legislation is the Spam Act 2003, which applies regardless of whether you’ve dealt with the company before.
Under the Spam Act 2003, it is illegal to send a commercial electronic message (like an email) unless three conditions are met: you have the recipient’s consent (express or inferred), the message clearly identifies the sender, and it includes a functional unsubscribe facility.
Consent cannot be assumed just because you visited a website or provided your email for another purpose. If you never signed up, there is likely no valid consent — making the emails unlawful.
The sender must honour unsubscribe requests within 5 working days. They must also not charge you for unsubscribing and must not use misleading ‘from’ addresses or subject lines.
Statutory TextA commercial electronic message must not be sent unless the person who sends the message has the recipient’s consent.
— Spam Act 2003, s. 16 — Consent requirement
Statutory TextA commercial electronic message must contain a functional unsubscribe facility that the recipient can use to request that no further commercial electronic messages be sent to the electronic address.
— Spam Act 2003, s. 18 — Unsubscribe facility
Statutory TextThe sender must comply with a request to unsubscribe within 5 working days.
— Spam Act 2003, s. 19 — Effect of unsubscribe request
What to Do
Click the ‘unsubscribe’ link in the email — it must work and be honoured within 5 working days.
If no unsubscribe option exists, or it doesn’t work, report the email to the ACMA via https://www.acma.gov.au/spam-reporting.
Keep records (screenshots, timestamps) — they may support enforcement action.
Do not reply to confirm ‘not interested’ — this can verify your email is active and lead to more spam.
Consider using email filters or reporting the sender as spam in your email client.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.