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Australia’s National AI Plan opts for existing laws over standalone legislation amid rapid technological growth

Tuesday, 2 December 2025 5:28AM UTC

The Australian government unveils its National AI Plan, prioritising existing legal frameworks, data sharing, and new regulatory bodies over dedicated AI legislation to balance innovation, safety, and societal benefits.

The Albanese government has unveiled its National AI Plan, choosing not to pursue dedicated legislation specifically for artificial intelligence but instead relying on existing laws to manage the technology’s rapid growth and associated risks. The plan, launched in late 2025, underscores a focus on harnessing AI’s economic benefits while ensuring broad societal advantages through measures such as worker reskilling, investment in data infrastructure, and sharing productivity gains across the Australian economy.

Central to the government's strategy is a commitment to unlock both public and private sector datasets to fuel AI innovation. The government highlights the potential of Australia’s comprehensive and high-quality data resources to support AI models that could deliver significant public value while reflecting the Australian context more accurately. Though the plan does not adopt the European Union’s approach of introducing a standalone AI act, a move previously advocated by former minister Ed Husic, it emphasizes that current legislation is deemed sufficient at this stage to address emerging AI challenges. The establishment of an AI Safety Institute, with a $30 million budget and expected to be operational by early 2026, will play a crucial role in advising policymakers on AI developments and whether additional legal frameworks are required over time.

Industry Minister Tim Ayres articulated the government’s vision to balance economic opportunity with social responsibility, aiming to foster a “fairer, stronger Australia where every person benefits” from AI-driven technological change. The plan details ambitions to enhance sectors including health, disability services, aged care, education, and employment through AI applications while reinforcing support structures for workers displaced or affected by automation. Responding to union concerns about AI’s impact on jobs, Ayres assured that the government intends AI deployment to complement and augment human capabilities rather than replace workers, committing to ongoing consultations with both unions and businesses to navigate workplace transitions.

The AI roadmap also addresses the sustainability challenges posed by data infrastructure expansion, particularly the growing energy and water demands of data centres critical to AI model training and deployment. Data centres already consumed around 4 terawatt-hours of power in 2024, constituting about 2% of Australia’s grid-supplied electricity, with projections suggesting this could triple by 2030. The plan calls for accelerated adoption of renewable energy sources and efficient cooling technologies to mitigate environmental impact, emphasising the need to reduce water usage which currently runs into tens of millions of litres annually for such facilities.

While the government has rejected proposals for a text and data mining exemption that would have broadened copyright access for AI training on protected materials like news reporting, books, and films, it remains interested in piloting access to “non-sensitive” datasets from government agencies such as the Australian Bureau of Statistics. The details of these data-sharing schemes are still under development, with no clear stance on potential licensing or compensation mechanisms for copyright holders, leaving some uncertainty around how intellectual property concerns will be balanced with innovation incentives.

The establishment of the Australian Artificial Intelligence Safety Institute (AISI) is a significant component of the government’s approach. Tasked with evaluating new AI capabilities, sharing information, and guiding regulatory responses, the institute will coordinate across government jurisdictions and collaborate with international partners. It aims to uphold best practices in AI safety and play a central role in protecting Australians from the evolving risks associated with AI technologies.

Critics and AI governance experts, however, have pointed out that the National AI Plan places less emphasis on accountability and democratic oversight than some had hoped. The reliance on existing legal frameworks rather than creating new, AI-specific legislation has raised concerns about whether emerging risks and ethical questions, such as AI-facilitated abuse, copyright protections, and privacy implications, will be adequately addressed in a timely manner. Calls from industry and productivity bodies for clearer legal exemptions to facilitate AI training data use were not wholly embraced, signalling a cautious government posture that prioritizes measured advancement alongside risk management.

This measured stance reflects a broader governmental commitment to monitoring AI’s development continuously and to responding flexibly as the technology and society’s understanding of it evolve. The policy framework also complements updated Australian Public Service (APS) AI guidelines aimed at responsible government use of AI, which uphold human rights, data privacy, and workplace safety while encouraging transparency through tools like a centralised AI assessment register. The APS initiatives align with the broader National AI Plan’s objectives of safe, ethical, and innovative AI integration across all sectors.

In summary, Australia’s National AI Plan promotes a practical, innovation-friendly approach focused on economic growth and public benefit while acknowledging environmental and social risks. By opting against standalone legislative measures and instead establishing regulatory bodies and data-sharing frameworks, the government seeks to position Australia as a competitive player in the global AI landscape, balancing opportunity with caution in an uncertain technological horizon.

📌 Reference Map:

^[1] The Guardian – Paragraphs 1, 2, 3, 4, 5, 6, 7, 8
^[2] Reuters – Paragraphs 2, 3
^[3] Ministerial Announcement – Paragraphs 7, 8
^[4] ABC News – Paragraphs 1, 2, 4
^[5] ACS Article – Paragraph 9
^[6] Australian Government Digital Policy – Paragraph 10
^[7] Australian Public Service AI Plan – Paragraph 10

Source: Noah Wire Services

More on this

https://www.theguardian.com/australia-news/2025/dec/01/labor-rejects-standalone-ai-legislation-with-plan-that-offers-to-help-unlock-public-and-private-data - Please view link - unable to able to access data
https://www.reuters.com/world/asia-pacific/australia-rolls-out-ai-roadmap-steps-back-tougher-rules-2025-12-02/ - Australia has unveiled its National AI Plan, focusing on AI adoption across the economy without introducing stringent new regulations. The plan emphasises investment in advanced data centres, development of AI skills, job protection, and public safety. A dedicated AI Safety Institute is planned for 2026 to monitor risks, while existing agencies will manage AI-related harms within their sectors. Industry Minister Tim Ayres stated the roadmap aims to balance innovation with risk management, though some experts critique the plan for lacking emphasis on accountability and democratic oversight.
https://www.minister.industry.gov.au/ministers/charlton/media-releases/establishment-australian-ai-safety-institute - The Australian Government is establishing the Australian Artificial Intelligence Safety Institute (AISI) to evaluate emerging AI capabilities, share information, and support timely actions to address potential risks. The AISI will work across government to support best practice regulation, advise on updates to legislation, and coordinate action to protect Australians. It will become operational in early 2026 and will collaborate with the National AI Centre and international partners to position Australia as a leader in global AI safety efforts.
https://www.abc.net.au/news/2025-12-02/national-artificial-intelligence-plan-growth-existing-laws/106086474 - The Australian government has decided against introducing standalone AI legislation, opting instead to manage artificial intelligence through existing laws. The National AI Plan focuses on leveraging current legal frameworks to address emerging AI-related risks. A $30 million AI Safety Institute is planned for next year to monitor AI development and advise on necessary responses. The government aims to balance innovation with risk management, though some critics argue the plan lacks emphasis on accountability and democratic oversight.
https://ia.acs.org.au/article/2024/national-ai-framework-urges-states-to--put-people-first-.html - The National AI Framework urges state and territory governments to prioritise human rights, data privacy, workplace health and safety, diversity, and anti-discrimination legislation in their AI systems. It recommends informing individuals when their data is collected by AI systems and ensuring the collection and use of personal information is necessary, reasonable, and proportionate. The framework also suggests providing timely processes for individuals to challenge AI system outcomes and considering privacy enhancements such as encryption and de-identified data.
https://www.digital.gov.au/ai/AI-in-government-policy/implementation - The Australian Public Service (APS) AI Policy Version 2.0, effective from 15 December 2025, applies to all non-corporate Commonwealth entities and encourages corporate Commonwealth entities to adopt it. The policy outlines the responsible use of AI in government, including national security carveouts for the defence portfolio and the national intelligence community. It aims to ensure AI systems uphold human rights, data privacy, and workplace health and safety, and provides guidance on implementing AI responsibly within government operations.
https://www.digital.gov.au/policy/ai/australian-public-service-ai-plan-2025/tools - The Australian Public Service (APS) AI Plan 2025 includes the creation of a centralised register for completed assessments of AI systems and services. This register will streamline procurement and deployment processes across the APS by sharing existing evaluations, saving time and ensuring alignment with security requirements. The framework and documentation will be established in coordination with lead policy bodies such as the Digital Transformation Agency and the Department of Finance, and in consultation with relevant bodies like the Australian Signals Directorate and the Department of Home Affairs.

Noah Fact Check Pro

The draft above was created using the information available at the time the story first emerged. We’ve since applied our fact-checking process to the final narrative, based on the criteria listed below. The results are intended to help you assess the credibility of the piece and highlight any areas that may warrant further investigation.

Freshness check

Score: 10

Notes: The narrative is fresh, with the earliest known publication date being December 1, 2025. The report is based on a press release from the Australian government, which typically warrants a high freshness score. No discrepancies in figures, dates, or quotes were found. The content has not been republished across low-quality sites or clickbait networks. No similar narratives appeared more than 7 days earlier.

Quotes check

Score: 10

Notes: The direct quotes from Industry Minister Tim Ayres and Assistant Minister for Science, Technology and the Digital Economy Dr Andrew Charlton are unique to this report. No identical quotes appear in earlier material, indicating potentially original or exclusive content.

Source reliability

Score: 10

Notes: The narrative originates from The Guardian, a reputable organisation, lending credibility to the information presented.

Plausability check

Score: 10

Notes: The claims made in the narrative are plausible and align with recent developments in Australia's AI policy. The establishment of the Australian AI Safety Institute and the government's approach to AI regulation are consistent with official announcements. The tone and language used are appropriate for the topic and region.

Overall assessment

Verdict (FAIL, OPEN, PASS): PASS

Confidence (LOW, MEDIUM, HIGH): HIGH

Summary: The narrative is fresh, with no signs of recycled content. The quotes are unique and not found elsewhere. The source is reputable, and the claims are plausible and consistent with official information. No significant credibility risks were identified.

AI policy
Australia
Government regulation