Email marketing is permitted in Australia under strict conditions.

All email lists must be double opt-in and any emails sent must have an automatic UNSUBSCRIBE link at the bottom of each email.

Email Marketing Australia and our affiliates are fully compliant with the Australian Governments Anti Spam Act as well as the ADMA's (Australia) anti spam policies.

We abide by the Australia eMarketing Code of Practice which you can review by click on the POP UP link.

Contact us today for a quote.

APPLICATION OF THE CODE OF PRACTICE

The Code automatically applies to all persons, including individuals and organisations, undertaking an emarketing
activity. An ‘emarketing activity' is defined at section 109A of the Telecommunications Act 1997, which states:

1. For the purposes of this Part, an emarketing activity is an activity to which subsection (2) or (3) applies.
2. This subsection applies to an activity that:
   • (a) is carried on by a person (the first person) under a contract or arrangement (other than a contract of
     employment); and
• (b) consists of:
  (i) using commercial electronic messages to market, advertise or promote goods or services, where the
  first person is not the supplier or prospective supplier of the goods or services; or
  (ii) using commercial electronic messages to advertise or promote a supplier or prospective supplier of
  goods or services, where the first person is not the supplier or prospective supplier of the goods or
  services; or
  (iii) using commercial electronic messages to market, advertise or promote land or interests in land, where
  the first person is not the supplier or prospective supplier of the land or interests in land; or
  (iv) using commercial electronic messages to advertise or promote a supplier or prospective supplier of
  land or interests in land, where the first person is not the supplier or prospective supplier of the land or
  interests in land; or
  (v) using commercial electronic messages to market, advertise or promote business opportunities or
  investment opportunities, where the first person is not the provider or prospective provider of the
  business opportunities or investment opportunities; or
  (vi) using commercial electronic messages to advertise or promote a provider, or prospective provider,
  of business opportunities or investment opportunities, where the first person is not the provider or
  prospective provider of the business opportunities or investment opportunities.
3. This subsection applies to an activity carried on by a person if:
   (a) the activity consists of using commercial electronic messages to market, advertise or promote goods or
   services; and
   (b) the person is the supplier or prospective supplier of the goods or services; and
   (c) the activity is the sole or principal means of marketing, advertising or promoting the goods or services.
4. An expression used in this section and in section 6 of the Spam Act 2003 has the same meaning in this section as
   it has in that section.

In summary, the Code automatically applies to the following activities (whether an eMarketing industry member is a
signatory or not) and to the extent to which entities engage in these activities, they are bound by the provisions of this Code in respect to these activities:

• Activities undertaken by individuals or organisations to market, promote or advertise their own goods and services
  where sending or causing to send commercial electronic communications is their sole or principal means of
  marketing, promoting or advertising their own goods or services.
• Activities undertaken by individuals or organisations who by contract or other arrangement with a person market,
  advertise or promote the goods or services (including land and interests in land and business and investment
  opportunities) of that person by sending commercial electronic communications or causing them to be sent.
• Activities undertaken by individuals or organisations who by contract or other arrangement with a person market,
  advertise or promote that person as a supplier, prospective supplier, provider or prospective provider of goods or
  services (including land and interests in land and business and investment opportunities) by sending commercial
  electronic communications or causing them to be sent.

Note that the definition of ‘use' of commercial electronic messages includes sending commercial electronic messages or
causing them to be sent, for example by engaging a third party to send. To clarify, this does not include merely supplying
the underlying carriage service or web-based facility for the storage, transmission or delivery of a message where the
persons supplying the carriage service or web-based facility have no control over the content of any messages stored.