ACMA has already been successful in prosecuting spammers under the Spam Act, with Perth-based Clarity1 becoming the first company to be prosecuted in April this year.

In that case ACMA submitted to the Federal Court that, in the twelve months after the Spam Act commenced, Clarity1 and its managing director Wayne Mansfield, sent out at least 56 million unsolicited commercial emails.

Following that case the judge called on both ACMA and Mansfield's lawyers to submit penalty recommendations for Mansfield. These have yet to be decided upon by the court.