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Jurisdiction Baseline · AI × Policy

AI Regulation in Australia.

At a glance
AI-Specific Law
No general federal AI law currently in force
Existing Frameworks
Privacy, consumer, copyright and safety laws apply
Online Safety
AI services may need age assurance safeguards
Future Transparency
Automated decision disclosures start 10 December 2026

Australia has no general federal AI-specific law in force today, but existing privacy, consumer protection, copyright and online safety laws regulate AI, including targeted online safety codes that directly cover some generative AI and companion chatbot services. The Privacy and Other Legislation Amendment Act 2024, a law changing privacy rules, includes automated decision-making transparency requirements that start on 10 December 2026. Regulators are already issuing guidance, investigating conduct and imposing civil penalties or removal orders.

In force today5 instruments
Privacy Act 1988 in force
The Australian Privacy Principles apply when an organisation covered by the Act collects, uses, discloses, stores or trains AI systems using personal information. Companies must assess purpose limitation, notice, data quality, security, overseas disclosures, access and correction, and eligible data breach obligations before putting personal information into an AI product or model. ([oaic.gov.au](https://www.oaic.gov.au/privacy/privacy-guidance-for-organisations-and-government-agencies/guidance-on-privacy-and-the-use-of-commercially-available-ai-products/_nocache?utm_source=openai))
Read the full text ↗ · 1988
Data processingDisclosureSafety & security
Competition and Consumer Act 2010, Schedule 2 Australian Consumer Law in force
The Australian Consumer Law applies to AI products and services, including claims about accuracy, autonomy, safety, performance and the presence of AI capabilities. Misleading or deceptive conduct, false representations, unfair practices and unsafe products can attract ACCC enforcement, including against AI-washing and overstated model capabilities. ([legislation.gov.au](https://www.legislation.gov.au/C2004A00109/2026-05-27/2026-05-27/text/original/pdf/4?utm_source=openai))
Read the full text ↗ · 2010
Consumer protectionDisclosure
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Online Safety Act 2021 and Online Safety Codes in force
The Act and registered industry codes bind relevant online services, including some services that provide or integrate generative AI. Age-Restricted Material Codes now require qualifying AI chatbots and generative AI services capable of producing pornography, high-impact violence or self-harm material to use age assurance or equivalent safeguards, with eSafety able to direct compliance and pursue substantial penalties. ([esafety.gov.au](https://www.esafety.gov.au/industry/codes/register-online-industry-codes-standards?utm_source=openai))
Read the full text ↗ · 2021
Content moderationMinorsSafety & security
Copyright Act 1968 in force
Copyright rules apply to training inputs, retrieval corpora, software, generated outputs and the way AI outputs are communicated or supplied. Australia currently has no general text-and-data-mining exception, so companies need a defensible rights, licensing and infringement position for material used to develop or operate AI systems. ([legislation.gov.au](https://www.legislation.gov.au/C1968A00063/latest?utm_source=openai))
Read the full text ↗ · 1968
Data processingDisclosure
Privacy and Other Legislation Amendment Act 2024, automated decision-making reforms adopted, phasing inAI-specific
The Act is in force, but its new APP 1.7 to 1.9 automated decision-making transparency obligation starts on 10 December 2026. APP entities using personal information in computer-assisted decisions that could significantly affect an individual's rights or interests will need privacy-policy information about the types of information used and the types of automated decisions made. ([legislation.gov.au](https://www.legislation.gov.au/C2024A00128/?utm_source=openai))
Read the full text ↗ · 2024
DisclosureAI / automated decisionsData processing
Also worth noting
  • Mandatory guardrails for high-risk AI remain a policy proposal, not a general federal AI law in force; the government is continuing to consider its approach.
  • The automated decision-making transparency provisions in the Privacy and Other Legislation Amendment Act 2024 commence on 10 December 2026.
  • The OAIC's proposed Children's Online Privacy Code and ongoing copyright and AI policy work may create additional requirements or clarify expectations.
Pending and recent legislation5 measures
AU r7512 Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026
Advancing · 2026-06-29
Amends the Online Safety Act 2021 to strengthen enforcement of the social media minimum-age framework. It expands the eSafety Commissioner’s information-gathering powers and increases civil penalties for non-compliance.
AU s1491 s1491 Online Safety Amendment (Fix Our Feeds) Bill 2026
Introduced · 2026-04-01
The bill would amend the Online Safety Act 2021 to require social media services to let users opt out of algorithmically recommended content and to impose reporting, risk-assessment, and risk-mitigation obligations on online service providers.
AU s1471 Online Safety and Other Legislation Amendment (My Face, My Rights) Bill 2025 (S1471)
Advancing · 2025-11-24
The bill would create complaints and enforcement mechanisms under the Online Safety Act 2021 for the non-consensual sharing of digitally altered or artificially generated audio-visual material depicting a person’s face or voice. It would also amend the Privacy Act 1988 to create
AU s1461 Electoral Legislation Amendment (Electoral Communications) Bill 2025 (No. 2) (Australia)
Advancing · 2025-07-30
The bill would prohibit materially inaccurate or misleading electoral and referendum communications, including digitally modified material such as deepfakes, and require disclosures when content is created or modified using digital technology or artificial intelligence. It would
AU r7347 Criminal Code Amendment (Using Technology to Generate Child Abuse Material) Bill 2025
Introduced · 2025-07-28
Amends Australia’s Criminal Code Act 1995 to create offenses for using a carriage service to generate child abuse material, including material produced with generative AI or other technology. The bill targets technology-enabled creation and distribution of child abuse material.

Live from the Global AI Policy Radar.

Founder FAQAI law, regulators, what applies, what is next, penalties
Is there an AI-specific law in force here?

No general federal AI-specific law is in force in Australia today. However, targeted online safety codes impose direct obligations on some generative AI and companion chatbot services.

Who are the key regulators for AI?

The key regulators are the Office of the Australian Information Commissioner, the Australian Competition and Consumer Commission and the eSafety Commissioner. They issue guidance, investigate conduct and use enforcement powers where existing rules apply.

Which rules apply to AI systems today?

The Privacy Act 1988 applies when covered organisations collect, use, disclose, store or train AI systems using personal information. The Australian Consumer Law, Online Safety Act and registered codes, and Copyright Act also apply, including rules on misleading claims, safety safeguards, privacy, copyright and online services.

What is coming next, and when?

The Privacy and Other Legislation Amendment Act 2024 has been enacted, but its automated decision-making transparency rules start on 10 December 2026. Covered entities using personal information in computer-assisted decisions that could significantly affect rights or interests will then need to describe relevant information types and automated decision types in their privacy policies.

What are the enforcement and penalty risks?

Enforcement is active, including investigations and civil penalties by the OAIC and ACCC, and compliance directions or removal powers by eSafety. Risks include privacy breaches, misleading AI claims, unsafe products, copyright infringement and failure to meet online safety code obligations, with substantial penalties possible under the applicable rules.

Not legal advice. For educational purposes only. AI-researched against official sources (2026-08-06), links verified.

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