Australia's National AI Framework: 
Copyright, Standards, and a New Office of AI

Prime Minister Anthony Albanese has outlined the Australian Government's intended national approach to Artificial Intelligence (AI).  The proposals bring responsibility for AI regulation in Australia within a newly created ‘Office of AI’ within the Department of Prime Minister and Cabinet, reflecting the importance with which the Government views facilitating frontier AI investment to Australia. More detailed announcements are expected to follow in the coming months.

Copyright and IP

However, amid concerns AI tools could be trained on Australian copyright material without consent the Prime Minister signalled a clear intention to continue to protect creators’ rights over their work. 

He described this as a position that no country has yet got right in the context of AI systems. 

Under the Government’s proposed approach (details of which are yet to be unveiled), Australian creators, including writers, musicians, artists, and journalists, would “retain ownership and control of their work". No company would be permitted to use Australian books, music, art, or news to train AI "without the artist's control”, including “of the price and value of their work.” He described anything less as “theft”.

The Government earlier this week reiterated its position that it will not introduce a text & data mining exception to copyright infringement, so it remains to be seen what the Government will propose.

The Broader Framework

Alongside the copyright measures, the Government also intends to introduce a set of Australian Standards for AI. The Prime Minister declared that “Australia will be the first country in the world to bring these issues into a single, national framework”, combining new policy with previously announced obligations for large AI data centres. These include requirements to underwrite new power supply, pay grid connection costs in full, operate as net energy generators, and minimise water use.

The new Office of AI is being established to co-ordinate the design of the incoming Australian Standards. The Government is seeking agreement from Premiers and Chief Ministers on the Standards at National Cabinet in August and legislation to implement the Standards is expected to reach Parliament early next year.

These wider changes will have direct implications for how major AI infrastructure is planned and financed in Australia, impacting not only the users and developers of AI, but also those seeking to invest in Australia.

Watch This Space

The Prime Minister confirmed that consultation is underway and will continue to inform developments in this space. How these details are settled will have a significant impact on the Australian AI landscape. The Prime Minister’s speech, which was also accompanied by a joint press release with Minister for Industry Tim Ayres and Assistant Minister for Science Andrew Charlton, appears to be only the beginning.