How does Australia’s Spam Act compare?

Australia's Spam Act 2003 is highly restrictive, more similar to CASL than CAN-SPAM. It requires consent (express or inferred) before sending commercial electronic messages, prohibits messages with an Australian link without consent, and mandates accurate sender identification and functional unsubscribe mechanisms.

Inferred consent exists where there's an existing relationship or where the recipient's conduct suggests they'd consent (e.g., publishing their email for business inquiries). Express consent requires clear agreement to receive messages. Unlike CASL's time limits on implied consent, Australian inferred consent can persist as long as the relationship continues, though best practices suggest obtaining express consent.

The ACMA (Australian Communications and Media Authority) actively enforces the Spam Act with penalties up to $2.22 million AUD per day for serious violations. Australia also participates in international anti-spam enforcement cooperation. The law applies to messages with an "Australian link"-sent to/from Australia or using Australian infrastructure. Australia's approach is closer to CASL's consent-first model than CAN-SPAM's opt-out approach-treat Australian subscribers as requiring consent.