Clause · Technology, Media & Telecommunications / IT Contracts
Australian Government AI model clauses (DTA, BuyICT ClauseBank): use guide for agencies and suppliers
Guide to the Digital Transformation Agency's AI Model Clauses (version 2.0) on BuyICT: which use case each section covers, the clauses that most affect suppliers, and how to respond in a Commonwealth procurement.
- Kind
- Clause. Wording to drop into a longer document.
- Where it applies
- Australia
- 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: Linked, not reproduced. The DTA clauses document states © Commonwealth of Australia (Digital Transformation Agency) under CC BY 4.0, excluding the Coat of Arms.
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 advising a Commonwealth buyer drafting an approach to market or contract involving AI, or a supplier responding to one. Download the clauses from BuyICT; this guide does not reproduce them. Not a substitute for the buyer's panel or contract terms.
How AI may be used
AI may compare a tender's AI clauses with the supplier's actual practices and draft a compliance matrix. A lawyer checks the clauses against the current BuyICT version and settles any departures.
AI may
- Build a compliance matrix of each selected model clause against the supplier's documented AI practices.
- Draft the list of clarification questions for the buyer.
- Summarise the version differences if the DTA publishes a new version.
AI must not
- Must not rely on a cached or paraphrased copy of the clauses; always use the current version downloaded from BuyICT.
- Must not upload tender documents marked OFFICIAL: Sensitive or above to an AI tool not approved for that classification.
- Must not state that the supplier complies with a clause the supplier has not confirmed.
The lawyer checks
- The version on BuyICT on the day of use, and which clauses the buyer actually selected.
- That the supplier can meet underlying-model, data-location and incident-notification commitments before tendering.
- Interaction with the panel agreement's IP, liability and privacy clauses.
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: Linked, not reproduced. The DTA clauses document states © Commonwealth of Australia (Digital Transformation Agency) under CC BY 4.0, excluding the Coat of Arms..
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.
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