Australia
Messaging an Australian lead: three Spam Act sections, then APP 8.
Sections 16, 17, and 18 of the Spam Act cover the message: consent, sender information, and unsubscribing. APP 8 of the Privacy Act covers sending customer data to a vendor overseas. We read only the section headings of the Spam Act, so each entry points you to the text.
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The rules that matter here
Marketing email, texts and calls
- Spam Act 2003 section 16 is headed 'Unsolicited commercial electronic messages must not be sent'. Schedule 2 of the Act deals with consent, including when consent may be inferred from the publication of an electronic address.[1] Note: Confirmed from the Act's table of contents on the Federal Register of Legislation (compilation C2016C00614). The body text did not render in our fetch, so read the sections themselves for the exact wording.
- Spam Act 2003 section 17 is headed 'Commercial electronic messages must include accurate sender information' and section 18 'Commercial electronic messages must contain a functional unsubscribe facility'.[1] Note: Confirmed from the section headings in the Act's table of contents; read the sections for the exact wording.
Personal data
- The OAIC says the Privacy Act 1988 applies to organizations with an annual turnover of more than $3 million, and some other organizations, and has 13 Australian Privacy Principles.[2] Note: Smaller businesses can still be covered in some cases; the OAIC says 'some other organizations'.
- APP 8: before disclosing personal information to an overseas recipient, an APP entity must take reasonable steps to ensure the recipient does not breach the APPs; the OAIC says this typically involves an enforceable contract, and the Australian entity can remain accountable for the recipient's acts.[3]
Time zone and language
Mainland Australia has three standard time zones, all of them ahead of India. Languages: English. Our own context, not a sourced rule.
What buyers here ask
Do I need consent before sending marketing texts or emails?
The Spam Act's section 16 is headed 'Unsolicited commercial electronic messages must not be sent'. Schedule 2 deals with consent, including when it may be inferred. Sections 17 and 18 cover sender identification and an unsubscribe facility. Read those sections or ask an adviser for the exact tests.
Is sending customer data to an Indian company a privacy problem?
If the Privacy Act applies to you, APP 8 expects reasonable steps, typically an enforceable contract, before disclosure to an overseas recipient. We have no processing agreement on file; a person will confirm whether we can sign one, and on what terms. Take advice on the terms.
Does the Privacy Act apply to a small business like mine?
The OAIC says it applies to organizations with annual turnover over $3 million and some others. Whether you fall in the 'some others' is a question for your adviser.
Will it text my past customers?
Only to those you can lawfully message. Gonzo's reactivation product sends within a daily cap you set and honors opt-outs; consent is your call.
These answers draw only on the sources listed on this page, last verified 2026-10-02.
Same on every market page: Prices (US dollars, fixed), WhatsApp opt-in rules, how this research is made. Prices are in US dollars. Australian-dollar invoicing is not confirmed; ask on the Talk to us call.
Sources
- legislation.gov.au/C2004A01214/latest/text retrieved back
- oaic.gov.au/privacy/the-privacy-act retrieved back
- oaic.gov.au retrieved back
Start with the free audit.
Send one web address. In about five business days you get a short written report. If a system fits, a fixed-price scope follows.
Free audit, no accounts, we change nothing.
Or ask a person: aimarketing@gonzo.co.in +91 7390990227 WhatsApp