AI Legislative Guide |
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Australia |
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(Asia Pacific)
Firm
Clayton Utz
Contributors
Simon Newcomb |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | There is no specific legislation addressing the use of AI in Australia. Instead, the use of AI is governed by existing legislation. There are, however, a number of voluntary frameworks developed to complement existing regulations. For example, the Australian Artificial Intelligence Ethics Framework released by the Australian federal government sets out principles designed to reduce the risks of using AI systems. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | The use of AI in Australia is governed by existing legislation, including the following:
The Federal Government, through the Department of Industry, Science and Resources ("DISR"), has conducted public consultation with a view to assessing the adequacy of existing laws and governance frameworks and informing future action to be taken on AI regulation and governance. That process is ongoing. |
| Which agency regulates the use of AI in your jurisdiction? | There is no specific government agency that regulates the use of AI in Australia. The DISR is the key government agency that supports the growth and innovation of science and technology in Australia, including emerging technologies such as AI. Also, the existing regulatory powers of the Australian Competition and Consumer Commission, the Australian Communications and Media Authority, the Office of the Australian Information Commissioner and the eSafety Commissioner extend to AI. |
AI Legislative Guide
There is no specific legislation addressing the use of AI in Australia. Instead, the use of AI is governed by existing legislation.
There are, however, a number of voluntary frameworks developed to complement existing regulations. For example, the Australian Artificial Intelligence Ethics Framework released by the Australian federal government sets out principles designed to reduce the risks of using AI systems.
The use of AI in Australia is governed by existing legislation, including the following:
- The Privacy Act 1988 (Cth) - governs the handling of personal information;
- The Competition and Consumer Act 2010 (Cth) - provides consumer protections;
- The Corporations Act 2001 (Cth) - governs business entities in Australia;
- The Copyright Act 1968 (Cth) - regulates copyright;
- The Online Safety Act 2021 (Cth) - aims to improve and promote online safety for Australians; and
- Anti-discrimination legislation, such as the Age Discrimination Act 2004 (Cth), Disability Discrimination Act 1992 (Cth), Racial Discrimination Act 1975 (Cth), and Sex Discrimination Act 1984 (Cth).
The Federal Government, through the Department of Industry, Science and Resources ("DISR"), has conducted public consultation with a view to assessing the adequacy of existing laws and governance frameworks and informing future action to be taken on AI regulation and governance. That process is ongoing.
There is no specific government agency that regulates the use of AI in Australia. The DISR is the key government agency that supports the growth and innovation of science and technology in Australia, including emerging technologies such as AI. Also, the existing regulatory powers of the Australian Competition and Consumer Commission, the Australian Communications and Media Authority, the Office of the Australian Information Commissioner and the eSafety Commissioner extend to AI.