The BGA Australia Team, led by Managing Director Michael “Mick” McNeill, wrote an update to clients on Australia’s new legislation to update technology and cyber policies.

Context

  • The second 18 months of the Albanese government’s first term in office will see movement in several key areas impacting Australia’s tech and cyber sectors. The government will soon release the 2023-30 Cyber Security Strategy. Future regulatory reform could include a new Cyber Security Act, which would harmonize Australia’s patchwork of policies, laws and frameworks within the cyber domain.
  • The government wants to develop a framework to encourage the responsible use of artificial intelligence (AI) among companies. Mindful of slowing economic growth and productivity, the government hopes to position Australia as a leading digital economy while protecting national security and maintaining social cohesion.

Significance

  • The cyber strategy is expected to provide industry players opportunities to partner with the government in key areas. These include trade and investment in current and emerging technologies, information sharing with industry about cyber threats, better use of government procurement, supporting the uptake of cybersecurity services and technologies, enhancing the cybersecurity workforce, streamlining cyber incident reporting portals and strengthening the Australian Signals Directorate’s REDSPICE initiative, which seeks to maintain Australia’s strategic advantages amid the changing geopolitical environment.
  • The Department of Industry is leading a whole-of-government approach to AI regulation, and the government is considering regulations that address ethical challenges from the greater use of data, algorithms and AI. This includes under certain circumstances a potential ban on “high-risk activities” such as social scoring and facial-recognition technology. AI governance responses in Australia have been largely voluntary to date. Australia’s AI Ethics Framework was released in 2019. The Ministerial Roundtable on Copyright is studying the implications of AI for copyright law, including in relation to text and data mining, database protection and the authorship of AI-created works.

Implications

  • Companies may face new obligations concerning competition law, digital identity, privacy, cybersecurity, misinformation, online safety, news media bargaining codes and local content quotas.
  • Companies should also be aware of discussions about amending the Security of Critical Infrastructure Act to include customer data and systems. Cyber Minister Clare O’Neill said the strategy will build “six Cyber Shields around Australia”: strong citizens and business, safe technology, world-class threat sharing and blocking, protection of critical infrastructure, sovereign capabilities and a resilient region.

We will continue to keep you updated on developments in Australia as they occur. If you have any questions or comments, please contact BGA Australia Managing Director Michael “Mick” McNeill at mmcneill@bowergroupasia.com.

Best regards,

BGA Australia Team

A small ginko leaf

Managing Director

Mick is a highly-experienced government relations expert and trusted advisor on consensus building, conflict resolution and legislative developments. He has played an integral role in helping parties achieve desired outcomes in areas of national security, health policy, foreign policy and reputational crisis management, as well as media relations, communications campaigns, immigration and human rights. Mick has two decades’ experience working with government as a media analyst, political adviser and NGO advocacy manager. After a stint serving as an adviser to an Australian senator, Mick took on the role of the locally engaged senior political specialist at the U.S. Embassy in ... Read More