# AI rules in Australia

Australia decided in its December 2025 National AI Plan to rely on existing laws rather than mandatory AI guardrails, adding an AI Safety Institute, a binding AI policy for federal agencies and new privacy transparency duties for automated decisions from Dec 2026.

- **Approach:** Sector regulators and guidelines
- **Key bodies:** Department of Industry, Science and Resources, Australian AI Safety Institute, Digital Transformation Agency, OAIC, eSafety Commissioner, Attorney-General's Department
- **Strategy:** [National AI Plan](https://www.minister.industry.gov.au/t-ayres/media/national-ai-plan-empowering-all-australians) (2025)
- **Last reviewed:** 4 Oct 2026

## Rules (4)
- [National AI Plan](https://wheresthe.ai/rule/au-national-ai-plan-2025/index.md): In force, Strategy, effective 2 Dec 2025. Australia's national AI plan to capture economic opportunity, spread benefits and keep people safe. Rather than a new AI-specific law with mandatory guardrails, the government will rely on and strengthen existing laws, and commits $29.9 million to establish an Australian AI Safety Institute in early 2026.
- [Privacy Act ADM transparency](https://wheresthe.ai/rule/au-privacy-act-automated-decision-transparency/index.md): Partly in force, Law, effective 10 Dec 2026. Requires entities covered by the Privacy Act to state in their privacy policies the kinds of personal information used, and the kinds of decisions made, by computer programs that make or substantially and directly assist decisions significantly affecting individuals' rights or interests. It is a transparency duty only, with no right to contest.
- [APS AI Policy v2](https://wheresthe.ai/rule/au-policy-responsible-use-ai-government-v2/index.md): In force, Guideline, effective 15 Dec 2025. Mandatory policy for non-corporate Commonwealth entities (defence and intelligence excluded) requiring accountable officials, internal AI use-case registers with accountable owners, pre-deployment impact assessments, mandatory foundational AI training for APS staff, transparency statements and incident processes. Requirements phase in through 2026.
- [Deepfake Sexual Material Act](https://wheresthe.ai/rule/au-criminal-code-deepfake-sexual-material-act-2024/index.md): In force, Law, effective 3 Sep 2024. Creates Commonwealth offences for transmitting sexual material depicting adults without their consent using a carriage service, expressly covering material created or altered with technology such as AI deepfakes, with aggravated offences where the person also created the material.

## Upcoming deadlines
- 10 Dec 2026: APP 1.7–1.9 automated decision-making disclosures in privacy policies apply ([Privacy Act ADM transparency](https://wheresthe.ai/rule/au-privacy-act-automated-decision-transparency/index.md))

## Programmes and facts
- $29.9 million to establish the Australian AI Safety Institute (early 2026)
- Policy for the responsible use of AI in government v2.0 effective 15 Dec 2025

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Canonical page: https://wheresthe.ai/j/au/ · Not legal advice.