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Proposed

Australia

At a glance

Regulator / body
The eSafety Commissioner (online safety); the Department of Industry, Science and Resources (DISR) and the Department of the Prime Minister and Cabinet (PM&C) Office of AI (policy); the AI Safety Institute; the Joint Select Committee on AI; and the NSW Office for AI. A future regulator for AI standards has not yet been designated.
Status
Australia has no AI Act. It relies on technology-neutral laws and planned mandatory AI standards, with legislation intended for early 2027 (proposed).
Effective dates
National AI Plan 2025-12-02 (policy). Social-media minimum-age regime in force 2025-12-10. eSafety Phase 2 codes effective 2026-03-09. NSW AI Operational Policy July 2026. Mandatory standards announced 2026-07-15 (primary release not located). Frontier-AI national standards due by end of 2026. Enabling legislation targeted early 2027.
Last updated
Oct 10, 2026

Recent developments and what to watch

What to watch:publication of the frontier-AI standards by end of 2026, designation of a regulator, and enabling legislation in early 2027.

Key instruments

Australia has no AI statute. The earlier proposal for standalone mandatory guardrails was superseded and never enacted. Current and planned instruments are:

  • National AI Plan(2025-12-02). Policy; commits A$29.9 million to the AI Safety Institute.
  • Online Safety Act 2021, Phase 2 codes(effective 2026-03-09). Six codes registered 2025-09-09; generative AI is covered mainly under the Designated Internet Services code.
  • Social-media minimum-age regime(in force 2025-12-10). AI-adjacent; reasonable-steps age assurance for under-16s.
  • NSW AI Operational Policy(July 2026). Mandatory for NSW government agencies.
  • Planned: mandatory "Australian Standards for AI" and an Office of AI(announced 2026-07-15; proposed). The announcement has been corroborated by three secondary sources but no primary pm.gov.au release was located, so it is unverified at primary level.

Scope: who and what is covered

Today, AI is regulated indirectly through technology-neutral law, including online-safety, privacy and consumer law, plus sector rules. The planned frontier-AI standards would be systems-based: companies would have to demonstrate that their safety systems work. A separate set of AI-infrastructure standards, covering data centres and frontier-AI training, has also been consulted on.

Compliance and enforcement

Existing exposure arises mainly under the eSafety codesand sector rules; online-safety penalties reach about A$49.5 million. The regulator and the penalties for the planned Australian Standards for AI have not been specified.

Caveats.The 2026-07-15 Office of AI announcement is unverified against a primary source. The date of an eSafety AI-companion notice is unverified, and a report that the 2024 Voluntary AI Safety Standard was superseded on 2026-09-10 is also unverified. Research assistance, not legal advice.

References and further sources

Research assistance, not legal advice. Verify against primary sources before reliance.

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