Clause · Government Procurement & Tendering
DTA AI model clauses (version 2.0): guide to selecting and using them in AI procurements
Guide to the Digital Transformation Agency's AI Model Clauses v2.0 on BuyICT: what each module covers, which to use for supplier AI use, bespoke AI systems and off-the-shelf AI, how to tailor them through the requirements, and what suppliers must be ready to show.
- Kind
- Clause. Wording to drop into a longer document.
- Where it applies
- Australia, Commonwealth
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Link to the official form. Licence: Link only under this library's policy. The DTA AI Model Clauses v2.0 document states a CC BY 4.0 licence (© Commonwealth of Australia (Digital Transformation Agency)), but the BuyICT page does not; download the current version from BuyICT.
Where this comes from
The official form is published by buyict.gov.au; this page is a completion guide. Last checked on 2026-10-17.
When to use it
Use when a government buyer (or a private buyer borrowing the approach) procures an AI system or services where the supplier may use AI, or when advising a supplier facing these clauses. Download the clauses from BuyICT; this guide does not reproduce them.
How AI may be used
This precedent is AI-specific. AI may compare a draft contract with the clause list and the requirements, but the lawyer selects clauses, tailors the requirements and checks the result against the current BuyICT version.
AI may
- Compare a draft contract or supplier response against the module list in this guide and list gaps.
- Draft the statement-of-requirement items the clauses depend on (approved AI uses, banned AI systems, testing criteria) from the buyer's instructions, for lawyer review.
- Build a supplier obligations register from the final selected clauses.
AI must not
- Must not reproduce or paraphrase the clause text into a contract; download the current clauses from BuyICT.
- Must not decide which clauses are needed for the procurement's risk profile.
- Must not populate the banned AI systems list from memory; use the current government directions.
The lawyer checks
- The clauses used are the current version from BuyICT and are incorporated as published, with tailoring done through definitions, requirements and schedules.
- Selected modules match the procurement scenario and the AI impact assessment.
- Interaction with the base contract (IP, privacy, security, liability) has been checked for inconsistency and repetition.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: Link only under this library's policy. The DTA AI Model Clauses v2.0 document states a CC BY 4.0 licence (© Commonwealth of Australia (Digital Transformation Agency)), but the BuyICT page does not; download the current version from BuyICT..
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Government Procurement & Tendering
- Commonwealth Contracting Suite: approach to market and contract (procurements under $1 million)
- Tender response compliance and conditions-for-participation checklist (including AI-drafted responses)
- Supplier declaration of AI use in service delivery (tender schedule)
- Procurement complaint letter to a Commonwealth entity (covered procurement)
- NSW ICT Purchasing Framework contracts (Core&, MICTA and ICTA)
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