The Spam Act of 2003 is a piece of legislation that was passed in 2003.

The Spam Act of 2003 went into effect on April 10, 2004. It is now prohibited to send even one unsolicited commercial email that falls into one of the following categories after that date. That is to say, the message has been sent:

    1. from Australia; orĀ 
    2. by those who:
      occupy a physical presence in Australia; or
      are organizations in Australia that have centralized management and control (board meetings); or
    3. to Australian computers (including the recipient’s own computer); or
    4. when the message is read by recipients who:
      1. are physically present in Australia; or
      2. are businesses that do business in Australia;

All commercial email must also have a “opt-out” capability, even if the commercial email was requested.

Note that the maximum daily penalty for businesses is $1.1 million and $220,000 for individuals, and anybody who is knowingly involved in a breach is accountable.