AI Legislative Guide |
|
Australia |
|
|
(Asia Pacific)
Firm
Clayton Utz
Contributors
Simon Newcomb |
|
| 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. Following a period of consultation, Australia has decided not to implement a broad cross-economy "AI Act". Instead, the use of AI is governed by existing legislation. |
| 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:
|
| 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 federal Department of Industry, Science and Resources 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, and other state and federal regulators extend to AI. |
AI Legislative Guide
There is no specific legislation addressing the use of AI in Australia. Following a period of consultation, Australia has decided not to implement a broad cross-economy "AI Act". Instead, the use of AI is governed by existing legislation.
There are, however, some voluntary frameworks developed by the Australian Government to complement existing regulations. Most notably, there is the Australian Artificial Intelligence Ethics Framework, which sets out high-level ethical principles, and the Guidance for AI Adoption and the Voluntary AI Safety Standard, which recommend controls to manage risk.
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): regulates anti-competitive practices and 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): sets basic online safety expectations and addresses online abuse; 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).
There is no specific government agency that regulates the use of AI in Australia. The federal Department of Industry, Science and Resources 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, and other state and federal regulators extend to AI.