WhatsApp marketing rules in Australia, in plain language.
Australia is where ConvoHut launches, and the Spam Act is unusually strict about consent records. ACMA has issued multi-million dollar penalties to well-known brands for exactly this.
Is WhatsApp marketing legal in Australia?
Yes, provided you have consent that meets the standard set by Spam Act 2003 and you identify your business clearly in every message. ACMA is the regulator. The opt-out deadline is 5 business days, and the published maximum penalty is up to a$2.2 million per breach, per day.
Key takeaways
- Consent standard: Express consent is required for commercial electronic messages.
- Regulator: ACMA.
- Opt-out within 5 business days — ConvoHut does it immediately.
- Maximum penalty: Up to A$2.2 million per breach, per day.
At a glance
| Governing law | Spam Act 2003, Privacy Act 1988 |
| Regulator | ACMA |
| Risk level | HIGH RISK |
| Consent standard | Express consent is required for commercial electronic messages. Inferred consent is limited to existing business relationships, and the burden of proving it sits with you. |
| Opt-out deadline | 5 business days (ConvoHut suppresses immediately) |
| Maximum penalty | Up to A$2.2 million per breach, per day |
| Business detail we collect | Australian Business Number (ABN) |
| Local currency | AUD (A$) |
| Quiet hours timezone | Australia/Sydney |
| ConvoHut status | Building now Phase 1 — first market at launch |
What Australia actually requires
The five things that decide whether a campaign is compliant. None of them are about the wording of your message.
Express consent, in writing
A ticked box at checkout with clear wording. Pre-ticked boxes and bundled consent do not qualify.
A functional unsubscribe in every message
It must work for at least 30 days after sending, and it must be simple and at low or no cost to the customer.
Accurate sender identification
The message must clearly identify your business and include accurate contact details.
Five business days to honour an opt-out
Under the Act. ConvoHut suppresses immediately, which is stricter than required.
Consent records you can produce
If ACMA asks, you need to show when and how consent was given. This is where most businesses fail.
What messages cost here
Meta charges per template message delivered, priced by category and by the recipient's country. These are the rates configured in the ConvoHut platform for Australia.
Marketing
$0.0823
per message
Utility
$0.0300
per message
Service replies
Free
inside the 24-hour window
Rates shown in USD. Meta revises its rate card quarterly and prices by the recipient's country, so treat these as indicative and check Meta's current card before budgeting. Model your own volume.
How ConvoHut will handle Australia
Phase 1 — first market at launch. When this market is live, activating it in your account will switch on the Spam Act 2003 rule set: the consent standard above is enforced at import, the opt-out deadline is honoured immediately, quiet hours run in Australia/Sydney, and every campaign is checked against these rules before the send button becomes available.
We collect your Australian Business Number (ABN) during onboarding because the sender identification requirement in this market depends on it.
Questions this raises
Is WhatsApp marketing legal in Australia?
Yes, with consent meeting the Spam Act 2003 standard and clear sender identification. ACMA enforces it.
What is the penalty for getting it wrong in Australia?
The published maximum is up to a$2.2 million per breach, per day. Typical outcomes are lower, but penalties generally scale with the number of messages, which means list size is a risk multiplier.
How quickly must I honour an opt-out in Australia?
The legal deadline is 5 business days. ConvoHut suppresses the contact immediately instead, because the grace period exists for postal-era systems and there is no good reason to use it.
Can I message customers who bought from me but never opted in?
Express consent is required for commercial electronic messages. Inferred consent is limited to existing business relationships, and the burden of proving it sits with you.
What business details do I need to provide for Australia?
Your Australian Business Number (ABN). This supports the sender identification requirement, and ConvoHut asks for it during onboarding when you activate this market.
Is this legal advice?
No. We are a software company. This page is written to help you brief your own adviser properly. Compliance in your market remains your responsibility as the sender.
Compliance by market
Each market has its own law, its own regulator, its own consent standard and its own penalty. Read the one you sell into.
Selling into Australia?
Join the waitlist and tell us which markets you operate in. We are prioritising by where early customers actually sell, not by market size.