Slight correction
Article 5, sadly, does not cover "spam". It covers "Unsolicited Commercial Electronic [Messages/Communications]".
Noteworthy here is the word "commercial", which is wholly redundant if you really want to stop spam: the only reason to include it is to allow for political, religious, criminal and other morons to spam as much as they like. A better word would be "Bulk".
I'm also disgusted, but not surprised, to see Australia is lobbying for a default "opt-out" spam regime, as opposed to the EU who, to their credit, are trying to mandate "opt-in".