Verified against the official source 26 Sep 2026 · reviewed by Bhaskar Bhatt (a factual check against the official source, not a legal review or legal advice)What this label means
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Australia has 3 recorded AI policy instruments, none of them binding. No binding cross-sector AI law; mandatory guardrails were consulted on in 2024 but the December 2025 National AI Plan signalled an existing-law approach. Regulators include Department of Industry, Science and Resources, Digital Transformation Agency, Office of the Australian Information Commissioner. Australia has no AI-specific statute.
Australia has no AI-specific statute. After the 2023 "Safe and responsible AI in Australia" consultation and the January 2024 interim response, the government published a Voluntary AI Safety Standard and a proposals paper for mandatory guardrails in high-risk settings in September 2024. In December 2025 the government released a National AI Plan indicating it would rely on strengthening existing laws rather than a standalone AI Act. Federal agencies are bound by the Digital Transformation Agency's policy for responsible use of AI in government. Binding obligations for business come from the Privacy Act 1988 (including 2024 amendments on automated decisions), consumer law, anti-discrimination law and sector regulation.
What is the current regulatory status?
No binding cross-sector AI law; mandatory guardrails were consulted on in 2024 but the December 2025 National AI Plan signalled an existing-law approach. Voluntary AI Safety Standard available. Government agencies follow a binding whole-of-government AI policy. A reviewer must confirm the current status of the mandatory-guardrails proposal.
Binding rules versus guidance
Binding: Privacy Act 1988 and Privacy and Other Legislation Amendment Act 2024 (automated decision transparency provisions with delayed commencement), Australian Consumer Law, anti-discrimination Acts, sector rules (APRA, ASIC, TGA); the DTA AI policy for federal agencies. Guidance / voluntary: Voluntary AI Safety Standard, AI Ethics Principles, OAIC guidance on AI and privacy.
The Voluntary AI Safety Standard gives Australian organisations ten guardrails for developing and deploying AI safely and responsibly: accountability and governance, risk management, data governance and protection, testing and monitoring, human control and intervention, user transparency, contestability, supply-chain transparency, record keeping, and stakeholder engagement. The guardrails were designed to align with the mandatory guardrails proposed for high-risk settings so that early adopters would be prepared if those became law.
Adopted 5 Sep 2024Verified (reviewed by Bhaskar Bhatt; a factual check against the official source, not a legal review)Official source
The National AI Plan is the Australian Government's whole-of-government AI strategy with three goals: capture the opportunity through infrastructure, domestic capability and investment; spread the benefits through adoption, skills and better public services; and keep Australians safe through legal and regulatory frameworks and responsible-practice guidance. It consolidates existing AI funding commitments and signals a sector-by-sector regulatory approach supported by an AI Safety Institute, rather than a standalone AI act.
Adopted 2 Dec 2025Verified (reviewed by Bhaskar Bhatt; a factual check against the official source, not a legal review)Official source
Proposals paper: introducing mandatory guardrails for AI in high-risk settings (Australia)
The proposals paper sought views on ten mandatory guardrails for developers and deployers of AI in high-risk settings, a principles-based definition of high-risk AI (with general-purpose AI treated as high-risk), and three regulatory options: adapting existing laws, framework legislation, or a new cross-economy AI Act. The guardrails mirror the Voluntary AI Safety Standard, covering accountability, risk management, data governance, testing, human control, transparency, contestability, supply-chain transparency, records, and conformity assessment.
Verified (reviewed by Bhaskar Bhatt; a factual check against the official source, not a legal review)Official source
Which states, provinces and regions in Australia have their own AI laws and policies?
8 instruments on record from 6 of Australia's sub-national jurisdictions. Each applies only within its own territory.
Sub-national AI laws and policies recorded for Australia
No future deadlines are recorded for Australia; past milestones are listed on each policy page. New dates reach the calendar feed: Australia feed · how it works
Current priorities
National AI Plan delivery, AI Safety Institute establishment, reform of the Privacy Act, guidance from the OAIC and eSafety Commissioner, and government AI assurance.
@misc{aipolicytracker2026_airegulationinaustralia,
author = {{AIPolicyTracker}},
title = {{AI regulation in Australia}},
year = {2026},
howpublished = {\url{https://aipolicytracker.org/jurisdictions/australia}},
url = {https://aipolicytracker.org/jurisdictions/australia},
urldate = {2026-10-27},
note = {Data licensed CC BY 4.0. Accessed 27 October 2026}
}
Frequently asked questions
Does Australia have an AI Act?
No. Australia consulted on mandatory guardrails for high-risk AI in 2024, but the December 2025 National AI Plan indicated reliance on existing laws. A Voluntary AI Safety Standard is available and federal agencies follow a binding government AI policy.
Does Australia have an AI law?
No binding AI-specific law is recorded for Australia. The instruments recorded are non-binding: strategies, guidance or standards.
Who regulates AI in Australia?
Department of Industry, Science and Resources (AI policy lead, Voluntary AI Safety Standard); Digital Transformation Agency (Government AI policy and assurance); Office of the Australian Information Commissioner (Privacy Act and AI privacy guidance).
What is the status of AI regulation in Australia?
No binding cross-sector AI law; mandatory guardrails were consulted on in 2024 but the December 2025 National AI Plan signalled an existing-law approach. Voluntary AI Safety Standard available. Government agencies follow a binding whole-of-government AI policy. A reviewer must confirm the current status of the mandatory-guardrails proposal.
Is there a national AI strategy in Australia?
Yes: National AI Plan (2025).
What is binding and what is only guidance in Australia?
Binding: Privacy Act 1988 and Privacy and Other Legislation Amendment Act 2024 (automated decision transparency provisions with delayed commencement), Australian Consumer Law, anti-discrimination Acts, sector rules (APRA, ASIC, TGA); the DTA AI policy for federal agencies. Guidance / voluntary: Voluntary AI Safety Standard, AI Ethics Principles, OAIC guidance on AI and privacy.
Is there a federal AI law in Australia?
No binding national AI instrument is recorded for Australia; the rules on record come from individual sub-national jurisdictions.
Which sub-national jurisdictions in Australia have AI laws?
5 of the 6 sub-national jurisdictions recorded here have a binding AI instrument adopted or in force: New South Wales (NSW AI Assessment Framework, NSW AI Operational Policy); Queensland (Queensland AI governance policy); South Australia (South Australia AI ethics policy); Victoria (Victoria public sector generative AI guideline); Western Australia (Western Australia AI policy and assurance framework). Coverage of sub-national jurisdictions is still growing; the coverage page lists what is missing.
Disclaimer: informational only, not legal advice. Verify every claim against the linked official sources and consult a qualified lawyer before acting.
