---
title: "Australian Government AI model clauses (DTA, BuyICT ClauseBank): use guide for agencies and suppliers"
url: "https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts/government-ai-model-clauses"
type: "precedent"
site: "AI Law Framework"
id: "a24-government-ai-model-clauses"
area_id: "A24"
kind: "clause"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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.

Canonical page: https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts/government-ai-model-clauses  
Law stated as at: 2026-10-17

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

## Key facts

- Kind: Clause. Wording to drop into a longer document.
- Practice area: [Technology, Media & Telecommunications / IT Contracts](https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts.md)
- Jurisdictions: Australia
- 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 3 authorities it cites, for Australia.

## 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.

## Authorities

- [Digital Transformation Agency, Artificial Intelligence (AI) Model Clauses, Version 2.0](https://www.buyict.gov.au/api/dofa2/dta_attachment/content/441f7ca193a84b10438b39cdfaba1043)
- [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)
- [Privacy Act 1988 (Cth) Sch 1 APP 11 and Pt IIIC (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/technology-media-and-telecommunications-it-contracts/government-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.*