Artificial Intelligence in Australia

Enforcement / fines in Australia

Australia has no general, cross-economy AI Act enforcement or penalty regime. AI-specific or AI-relevant obligations may nevertheless be enforced under existing legislation and sectoral instruments. The regulator, cause of action, available remedy and maximum penalty depend on the particular provision, the conduct, the date of contravention and the defendant.

  • A serious or repeated interference with privacy under the Privacy Act can attract a maximum civil penalty of AUD 2.5 million for a person other than a body corporate. For a body corporate, the maximum is the greater of AUD 50 million, three times the value of the benefit reasonably attributable to the conduct, or, if that value cannot be determined, 30% of adjusted turnover during the breach turnover period. Other Privacy Act contraventions have different consequences. The statutory tort for serious invasions of privacy also creates a private court pathway, subject to its elements, remedies, defences and exemptions.
  • Competition and consumer law. AI-related representations, sales practices or product conduct may engage the Australian Consumer Law and competition law. For many offence and civil-penalty provisions, the maximum corporate penalty for conduct on or after 28 March 2026 is the greater of AUD 100 million, three times the reasonably attributable benefit where that value can be determined, or 30% of adjusted turnover during the breach turnover period where it cannot. Other provisions have lower maxima. The general prohibition on misleading or deceptive conduct under the Australian Consumer Law is not itself a pecuniary-penalty provision, although related conduct may contravene civil-penalty provisions and injunctions, damages, compensation and other remedies may be available.
  • Online safety. Non-compliance with a standard, or with a direction to comply with a code, can result in civil-penalty proceedings. The maximum identified in eSafety’s regulatory guidance is 30,000 penalty units per contravention for an individual and five times that amount for a corporation. Different Online Safety Act contraventions may carry different maxima.
  • Other regimes. AI uses may also attract regulatory orders, licence consequences, remediation, compensation, injunctions, enforceable undertakings, disqualification, criminal liability or judicial and merits review under financial-services, health, workplace, discrimination, cybercrime, critical-infrastructure, administrative-law and other sectoral regimes. Penalty figures should be rechecked on the publication date and should never be applied without identifying the specific contravention.

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