---
title: "DTA AI model clauses (version 2.0): guide to selecting and using them in AI procurements"
url: "https://ailawframework.com/precedents/government-procurement-and-tendering/dta-ai-model-clauses"
type: "precedent"
site: "AI Law Framework"
id: "a50-dta-ai-model-clauses"
area_id: "A50"
kind: "clause"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/government-procurement-and-tendering/dta-ai-model-clauses  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Clause. Wording to drop into a longer document.
- Practice area: [Government Procurement & Tendering](https://ailawframework.com/precedents/government-procurement-and-tendering.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the official form at buyict.gov.au and the 5 authorities it cites, for Australia and Commonwealth.

## 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.

## Authorities

- [Digital Transformation Agency, Artificial Intelligence (AI) Model Clauses, Version 2.0 (BuyICT ClauseBank)](https://www.buyict.gov.au/public/en/clausebank?id=public_content&topic_id=860cbcac1b3a2a50f421db96b04bcbbc)
- [Digital Transformation Agency, Policy for the responsible use of AI in government, Version 2.0 (effective 15 December 2025)](https://www.digital.gov.au/ai/ai-in-government-policy)
- [Digital Transformation Agency, Guidance on AI procurement in government (BuyICT)](https://www.buyict.gov.au/public/en/guidance-on-ai-procurement-in-government?id=public_content&topic_id=14f57231477ff210f03e229df26d4341)
- [Commonwealth Procurement Rules (17 November 2025)](https://www.finance.gov.au/government/procurement/commonwealth-procurement-rules)
- [Privacy Act 1988 (Cth) (APPs; notifiable data breaches)](https://www.legislation.gov.au/C2004A03712/latest/text)

## Official form

[Official form](https://www.buyict.gov.au/public/en/clausebank?id=public_content&topic_id=860cbcac1b3a2a50f421db96b04bcbbc)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/government-procurement-and-tendering/dta-ai-model-clauses and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*