What Australian AI regulation actually requires, federal and
state, read from the consultation papers, plans, letters and audit reports
themselves, every claim linked to its document with the date we read it.
The secretaries’ two sentences on open-weight models, the GovAI figures as at
October 2026, the Commonwealth’s current rules as Home Affairs sketched them, and the
AI Safety Institute’s caution.
The companion guide to the DTA’s AI Reference Architecture (30 October) works
through Microsoft 365 Copilot: where data is processed, what security assessments cover, and
what records it keeps. Plus its advice on buying an AI call centre agent, and where the
architecture sits among the rules.
The OAIC’s 2025–26 annual report: 5,268 complaints, social media up 125 per
cent, and an attribution to AI companies that rests on the regulator’s attitudes
survey rather than its complaint data. What it lists as AI work, and the two December
dates that matter more.
Policy v2.1 (21 October) leaves every requirement as it was and adds a mandatory
classification of AI use: coding, workflow automation and strategic support are new
patterns, and decision-making now turns on effect on rights or interests. The DTA’s
impact assessment tool still uses the old labels, as did 45 of 116 transparency statements
we saved on 30 September, and no date is set to change them.
The Privacy Commissioner’s reading of who the Act binds, when consent is needed and
why the notice duty is thin, alongside the OAIC’s 7 October investigation into the
maker of the HeyCyan app. Tranche 2 would add a fair and reasonable test, but its erasure
right stops at large digital platforms.
Introduced on 15 October; Senate committee submissions closed on 30 October. AI
services are named outright and pre-deployment testing reaches the explanatory memorandum,
but Schedule 3 still repeals every industry code and standard, and nothing requires output
differentiation in their place.
The committee’s 12 October letter asks for mandated evaluators inside frontier
labs, incident deadlines, a standing parliamentary committee, protections for what labs
report, and pro-Australian procurement. It names the Medicare incidents as the trigger. The
full report is due by 30 November.
The banking letter is the only one of ASIC’s five 2026-27 sector letters to give AI
its own heading and an expected start; ASIC will collaborate with APRA to minimise
duplication. The letter does not say whether the findings will be published. The general
insurance letter does not mention AI.
ASIC’s amended market integrity rules add an effect limb for client orders, which
its consultation paper did not propose; ASIC cites agentic AI. ASIC’s draft guidance says the
testing rule does not apply to a client’s own algorithm; both limbs apply to its orders. The rules commence on
18 March 2028; comments on the draft guidance closed on 5 November 2026.
The addendum the DTA points to as it joins an OECD working group puts a human accountable for
agents’ decisions, and oversight in or on the loop, under “Agencies must”. It
calls itself best practice guidance; the binding policy strongly recommends the standard it
extends.
The first meeting, on 26 June, considered two staff-facing AI uses and was announced on
7 October. Under the terms of reference, the Minister for Finance receives the minutes and the
advice issued to agencies; the public gets communiques. The AI policy, still version 2.0, does
not mention the committee.
The 31 August exposure draft never says artificial intelligence. One definition does the
work: information an organisation generates or derives about you counts as collected, so an
AI inference would face a fair and reasonable test and, if sensitive, a consent rule with
exceptions. It is a draft, with no commencement date.
The 8 September exposure draft repeals every online safety industry code and standard,
including the one that makes high impact generative AI services test their models and
differentiate AI outputs, and the basic online safety expectations that name generative AI.
No provision keeps them in force. One general duty takes their place, 12 months after Royal
Assent.
The NSW Auditor-General counted the governance around AI at the 10 agencies with the
highest AI use or greatest potential benefit. All 10 have addressed accountability and eight
train staff, but only half have an AI policy, four have considered AI in their IT policies and
one in procurement. A new mandatory AI Operational Policy now requires registration and a
signed attestation, the first due 31 October 2027.
PSPF Direction 002-2026 was published on 29 September with AI in its title and frontier AI
in its reasoning. What it requires is older than that. Every non-corporate Commonwealth
entity must stocktake its legacy technology and send Home Affairs a risk management plan
with a reduction target by 31 March 2027. Entities running Systems of Government
Significance report on those by 31 December 2026, against measures in an explanatory note
that is not out yet. No AI tool is banned, approved or named.
The Standard exists to make these statements comparable. Reading all 116, the date is there
far more often than any scan sees, expressed in at least 18 forms, most of them prose. Two
passes over identical documents disagreed by 15 and both were too low. A requirement that is
met but cannot be compared at scale is one nobody can audit, including the department that
wrote it.
106 non-corporate Commonwealth entities, 95 mandatory AI transparency statements, and
every one of the 11 gaps accounted for against the policy’s own carve-out text. The
defence exemption is written by portfolio, so it reaches veterans’ compensation; the
intelligence exemption is written by function, so the AFP stays inside the policy for
everything else. All 116 links on the index resolve.
Eight mandatory requirements, read from the policy PDF rather than the web summary. The
scope test that excludes AI spellcheckers, the register that goes to the DTA every six
months, and the assessment that must be finished before deployment. One deadline has already
passed and existing use cases are due by 30 April 2027.
DP-REG is the ACCC, ACMA, eSafety and the OAIC. Its 2026-28 priorities and its signed
MoU do not use the word AI once, and its three previous substantive publications all did.
The APS AI Plan published 15 deliverables against dated timeframes and most of those dates
have passed. The oversight committee arrived, chaired by the DTA chief executive and seating
the Privacy Commissioner and the head of the AI Safety Institute. Its own page says its
advice is non-binding and that it does not replace agency accountability.
We read the 224-page compilation. The Act never says artificial intelligence, machine
learning, generative, algorithm or chatbot, yet it binds AI providers, because designated
internet service is a residual category defined by subtraction. The prior question the
obligations pieces assume.
Australia has no text and data mining exception and the Attorney-General has said the
government is not considering one. What the Copyright and AI Reference Group is, and the
three priority areas that are actually on the table.
ASIC tells boards their cyber risk management must be demonstrably effective and
proportionate, as set out in the court's FIIG judgment. Those words are not in it. What is
in it is a five-factor test, an express rejection of a standard of perfection, and a
court-supervised compliance programme worth more attention than the $2.5 million penalty.
Queensland's Audit Office found the department responsible for AI policy has
limited visibility of AI use across government. Five weeks later NSW counted 357
tools across 21 agencies. Different methods, same blind spot.
The obligation commences 10 December 2026 under the Privacy Act. Three limbs, and the one that decides scope is whether a decision could reasonably be expected to significantly affect a person’s rights or interests. The OAIC consulted on exactly that, closed submissions on 15 June, and the guidance is not out.
The Australia-Singapore AI memorandum was signed on 16 December 2024, a year before the
Canada and UK ones, and its full text is published. No binding obligations, each side bears
its own costs, every mechanism permissive. Its first dialogue met on 30 July, and its own
review window opens on 16 December 2026.
Schedule 6 of the Age-Restricted Material codes has bound designated internet services
since 9 March 2026. It reuses the high impact generative AI DIS category for age-restricted
material, names AI companion chatbots in a note, sends sole-purpose generative services
straight to Tier 1, and creates a category for platforms that host uploaded models.
The relevant electronic services standard, covering messaging and email, was determined
by the same Commissioner on the same day under the same section. It does not use the word
“generative” once. What it says about AI instead, and why that is not the same
as a loophole.
A binding industry standard defines a “high impact generative AI DIS” and
tells its provider to prevent certain outputs, test models and differentiate AI outputs.
Made by the eSafety Commissioner, not the AI portfolio. Read clause by clause.
Eight months old, inside the department it advises, partnered with the
Australian Signals Directorate, and citing a report published before it
existed. What the primary documents actually say.
Six ministers named the safety agenda that followed the guardrails process.
Four lead ministers share the five priorities, the release dated none of them,
and two have since reached draft bills.
Updated OAIC guidance implements the Bunnings tribunal findings and clarifies
when the consent exceptions apply to biometric collection in retail. The Kmart
matter is still before the Tribunal.
The Auditor-General counted 21 of 26 major agencies using AI, 38 per cent with
a formal AI policy, and 5 per cent with AI procurement guidance. The scorecard,
charted from the audit itself.
Twelve expected actions, four board-level demands, and one enforcement
precedent named as the standard. What Commissioner Constant's open letter
actually requires, quoted from the letter.
OpenAI rates all three GPT-5.6 models High capability for cyber and biological
risk. Washington reportedly held the launch for testing. Australia, by explicit
design of the National AI Plan, had nothing to hold it with.
Ten mandatory guardrails and a possible AI Act were consulted on in 2024. The
plan that answered commits to none of them, and "guardrails" does not appear once
in its 37 pages. What binds an Australian AI deployer today.