AustraliaA marketing company keeps sending me spam emails despite unsubscribing multiple times. What are my rights?
You have the right to stop unsolicited marketing emails under Australia’s Spam Act, and the sender must honour your unsubscribe request within 5 business days.
What the Law Says
Australia’s Spam Act sets strict rules for sending commercial electronic messages, including marketing emails.
It is illegal to send commercial electronic messages (like marketing emails) without the recipient’s consent — either express or inferred from an existing relationship.
Every commercial email must include a functional, free, and easy-to-use unsubscribe facility.
Once you unsubscribe, the sender must stop sending messages to you within 5 business days.
The message must also clearly identify the sender and include their contact details.
Statutory TextA commercial electronic message must not be sent unless the person who sends the message has the recipient’s consent.
— Spam Act 2003 (Cth), s. 16 — Consent requirement
Statutory TextThe unsubscribe facility must be able to be used by the recipient at no cost to the recipient and must be able to be used by means of the same electronic service by which the message was sent.
— Spam Act 2003 (Cth), s. 19 — Unsubscribe facility
Statutory TextThe sender must comply with a request to unsubscribe within 5 working days after the request is made.
— Spam Act 2003 (Cth), s. 43 — Timeframe for action
What to Do
Take a screenshot or save the latest spam email (including headers if possible).
Report the breach to the Australian Communications and Media Authority (ACMA) via their online complaints form.
Keep records of all unsubscribe attempts and dates.
If the company continues emailing after 5 business days, this is a clear breach of the Spam Act.
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.