The investigation followed complaints from consumers who said that CommSec had continued to send them email after they had unsubscribed from the CommSec mailing list. The ACMA also found that several email campaigns by CommSec in early 2009 did not include an ‘unsubscribe' option.

"Under the Spam Act, every person has the right to unsubscribe from receiving commercial electronic messages and to have that request acted on effectively and quickly. The failure to act on a request can result in significant penalties if a business is found to have breached the Act," said ACMA Chairman Chris Chapman.

"CommSec has undertaken to initiate stringent reviews of its systems and processes as a result of this investigation, and has demonstrated a commitment to making the internal changes necessary for ongoing compliance with the Spam Act."

In addition to the $55,000 payment, CommSec has agreed to appoint an independent consultant to assess its system reviews, quarterly audits on its email campaigns for 12 months, and the introduction of an annual training program. CommSec will report regularly to the ACMA on its progress.