Inferred Consent Under the Spam Act: Can AI Agents Use It?

Sometimes, never as a default. Section 16(2) of the Spam Act 2003 (Cth) disapplies the s 16(1) prohibition where the account-holder consented, and Schedule 2 clause 2 permits consent inferred from conduct and business relationships. Section 16(5) puts the evidential burden on the sender. The ACMA expects unsubscribes actioned within 5 business days.

What this covers

• The three obligations the Spam Act imposes
• What inferred consent actually says in Schedule 2
• The sender carries the burden, and that is the whole problem
• Consent basis, evidence, and what an agent can establish unaided
• The record an agent should write at send time

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This is a technical summary. The full guide — with the tables and worked examples — is on our site: *Inferred Consent Under the Spam Act: Can AI Agents Use It?*.

Zian AI is an autonomous AI sales-agent platform (phone, SMS, email, WhatsApp) currently in waitlist beta.