Review of AI and the Australian Consumer Law
The Law Council of Australia provided a response to the Treasury’s Discussion Paper regarding the Review of artificial intelligence (AI) and the Australian Consumer Law (ACL).
Preliminary comments
As stated in the Discussion Paper, this Review builds upon a previous consultation undertaken by the Department of Industry, Science and Resources (DISR) in June 2023 on safe and responsible AI in Australia.1 The Review is also intended to complement the September 2024 DISR consultation on introducing mandatory guardrails for AI in high-risk settings.2
More broadly, this Review is taking place within the context of consideration as to how tools and services that incorporate AI should be regulated in Australia, including:
- the Parliamentary Joint Committee on Human Rights’ inquiry into Australian’s Human Rights Framework, and its report of May 2024;3
- the Privacy Act Review Report and the subsequent Government response, in addition to the first tranche of reforms to the Privacy Act 1988 (Cth) introduced to Parliament in September 2024;4
- recommendations arising from the inquiry into the opportunities and impacts for Australia arising out of the uptake of AI technologies, currently being undertaken by the Select Committee on Adopting Artificial Intelligence, due to report by 26 November 2024;5 and
- the Parliamentary Joint Committee on Intelligence and Security’s inquiry into the Cyber Security Legislative Package 2024.6
We also anticipate that a variety of action items and recommendations will arise from the Copyright and Artificial Intelligence Reference Group, established by the Commonwealth Attorney-General in December 2023.7
Read the full submission below.
1 Department of Industry, Science and Resources, Supporting responsible AI: Discussion paper (Web Page, 2024).
2 Department of Industry, Science and Resources, Introducing mandatory guardrails for AI in high-risk settings: proposals paper (Web Page, 2024).
3 Parliamentary Joint Committee on Human Rights, Inquiry into Australia’s Human Rights Framework (Report, May 2024)
4 Attorney-General’s Department, Privacy Act Review Report (February 2023); Commonwealth of Australia, Government Response: Privacy Act Review Report (September 2023); Privacy and Other Legislation Amendment Bill 2024 (Cth);
5 Select Committee on Adopting Artificial Intelligence (Web Page, 2024).
6 Parliamentary Joint Committee on Intelligence and Security, Cyber Security Legislative Package 2024 (Web Page, 2024).
7 Commonwealth Attorney-General’s Department, Copyright and Artificial Intelligence Reference Group (Web Page, 2024).
Last Updated on 26/11/2024
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