Australian Information Industry Association Submission to

Incompatibility of adopting the EU AI Act in the Australian context The EU AI Act is the world’s first comprehensive legal framework, but it is a fallacy to conflate being first as being better. [...] • The UK model applies a pro-innovation and international collaboration approach to AI regulation, emphasising and recognising that it is not a global player in AI and wants the innovation and economic benefits for its economy. [...] presumption of causality and reversal of burden of proof Alongside the EU AI Act, the EU Product Liability Framework reforms will be expanded to include AI systems for the first time and reverse the burden of proof in certain circumstances, so claimants no longer need to prove elements of their case. [...] According to the American Chamber of Commerce to the European Union (AmCham EU), while the proposal does not intend to reverse the burden of proof, the presumption of defectiveness and causality effectively amount to a reversal of the burden of proof for products that are particularly technically or scientifically complex. [...] Conclusion The AIIA thanks the Committee for the opportunity to share the tech industry insights and assessment on the Nation’s AI adoption, interim measures to drive safe uptake and the compatibility of regulatory models in overseas jurisdictions.