Do you have to say a call is an AI in Australia?

No general Australian rule makes a caller announce it is an AI. Three obligations written for humans already apply, and section 9(2) leaves one question open.

JasonChecked by ListingLine research desk12 min read

The short answer

AI disclosure is not required by any general Australian law we could find. Searching the Do Not Call Register Act 2006, the 2017 telemarketing industry standard and ACMA's published guidance turned up no duty to announce a synthetic caller as at August 2026. The identification, washing and consumer law obligations apply regardless.

What to take away

  • The Do Not Call Register Act defines a voice call to include a recorded or synthetic voice, so an AI caller sits inside the same rules as a human one.
  • Section 9(2) of the 2017 telemarketing standard requires the given name of the individual making the call, which is the obligation an AI voice agent answers least comfortably.
  • Treasury reviewed the Australian Consumer Law against AI in October 2025 and did not recommend AI specific consumer provisions, so the misleading conduct rules do that work instead.
  • Cotality found 68 per cent of homebuyers want clear notification when AI is involved, which makes disclosure a commercial decision before it is a legal one.

Is there an Australian law that makes you say it is an AI?

Not one we could find, and we went looking in the places it would be.

Australia regulates AI calling through laws written before AI calling existed. The Do Not Call Register Act 2006 governs which numbers may be called, the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 governs how the call is conducted, and the Australian Consumer Law governs what may be represented to the person who answers. None of the three contains a rule that a caller must announce it is an AI. That absence is a finding from our own search of the instruments and of the regulator's publications as at August 2026, not a statement by a regulator that no such duty exists, and the two are not the same thing.

68 per cent

of homebuyers want clear notification when AI generates listings, prices or mortgage recommendations, across a four country sample. Australian buyers were the most sceptical of the four.

Cotality, AI in Housing 2026, fieldwork 29 January to 9 February 2026

What does the law already require of a synthetic caller?

Everything it requires of a human one. Section 4 of the Do Not Call Register Act defines a voice call to include a call involving a recorded or synthetic voice, so a synthetic caller sits inside the definition rather than beside it. Washing, permitted hours, identification and the duty to end the call on request all follow from that single line.

ObligationWhere it sitsWhat it says
Synthetic voices are coveredAct section 4A voice call includes a call involving a recorded or synthetic voice
The number must be washedAct sections 11 and 11(3)A wash result runs 30 days and belongs to whoever performed it
Identification at the startStandard section 9(2)Given name of the individual making the call, the business, whoever caused the call, and the purpose
End the call on requestStandard section 13(1)(b)Immediately, with no grace period
A number that receives calls backStandard section 14Calling line identification enabled, reachable for at least 30 days
Saying that the caller is an AINowhere we could findNo general Australian duty located as at August 2026
What the two instruments require on every telemarketing call, human or synthetic. Source: Do Not Call Register Act 2006 and the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017, sections as cited, in force August 2026.

What is the open question in section 9(2)?

Section 9(2) asks for the given name of the individual making the call. When the caller is software there is no individual and there is no given name, only a name somebody chose for it. The standard does not say what to do with that, and we found no ACMA guidance or determination on the point.

Two readings are available and this article is not going to pick one for you. On the first, the agency that caused the call is the relevant identity, so naming the agency and the purpose satisfies the section. On the second, giving a synthetic voice a human given name is close to what the section exists to prevent. Ask your licensee in charge which reading the agency is running on, and write the answer down.

Did the government consider an AI disclosure rule?

It considered a broader version of one and declined. In October 2025 Treasury published its review of AI and the Australian Consumer Law, concluding that the ACL is principles based and technology neutral, and it did not recommend AI specific consumer provisions. In December 2025 the government released the National AI Plan, having decided not to proceed with the mandatory guardrails it had proposed, one of which was transparency.

What that leaves is the Voluntary AI Safety Standard, which is voluntary in its name and in its effect. So the practical position for an Australian agency is that disclosure is neither compelled nor prohibited, and the decision sits with the principal rather than with a regulator.

Where has Australia written an AI disclosure rule?

In broadcasting, and only there. The Commercial Radio Code of Practice 2026 requires a licensee to provide transparency to its audience where a regularly scheduled program or news program is hosted by a synthetic voice, and it took effect on 1 July 2026. According to the ACMA that is the first time AI has been addressed in a broadcasting code of practice. It does not reach a phone call.

The contrast worth knowing is European. Article 50 of the EU Artificial Intelligence Act requires that people be informed they are interacting with an AI system unless it is obvious, and those transparency obligations began to apply on 2 August 2026. Australia has no equivalent, and Treasury's review reads as a decision not to build one.

InstrumentWhat it coversIn force
Commercial Radio Code of Practice 2026A synthetic voice hosting a scheduled program or news on commercial radio1 July 2026
EU Artificial Intelligence Act, Article 50Informing people they are interacting with an AI system, unless it is obvious2 August 2026
Australian telemarketing rulesNo duty to announce a synthetic caller locatedNot applicable
Rules that require telling a person they are dealing with an AI, and what each one covers. Sources: the ACMA on the Commercial Radio Code of Practice 2026, and the European Commission on Article 50 of the EU Artificial Intelligence Act.

What do Australian homeowners actually want?

To be told. Cotality surveyed buyers across four markets in early 2026 and found Australians the most sceptical of the group, which matters commercially because the people who own the houses in most farm areas are also the people most likely to want the disclosure made compulsory.

What buyers say about AI in property

Want clear notification when AI is involved

All respondents

68 per cent

Want AI disclosure made mandatory

Baby Boomers

61 per cent

Would accept an AI valuation

Australian buyers

40 per cent

Want AI disclosure made mandatory

All respondents

37 per cent

Want AI disclosure made mandatory

Gen Z

25 per cent

Percentage of survey respondents. Every bar is a measured survey result, none is modelled. Source: Cotality, AI in Housing 2026, four country sample, fieldwork 29 January to 9 February 2026.

Reading those in order matters more than the headline does. 37 per cent of buyers want AI disclosure made mandatory, and that number splits hard by age: 61 per cent of Baby Boomers against 25 per cent of Gen Z. Only 40 per cent of Australian buyers would accept an AI valuation at all, the lowest of the four markets Cotality surveyed.

The system did not initially disclose that it was an AI agent or that the call was being recorded.
ARC Centre of Excellence for Automated Decision Making and Society, on an AI voice agent calling in Australia under the name Daniel, May 2026

Distinguished Professor Jean Burgess, an Associate Director of that centre and a Chief Investigator at QUT, has described such systems as supercharging something that was already happening with endless cold calls. That is the part an agency should sit with. The reputational exposure lands on whoever the call was made for, which is the agency, not the software supplier.

How should an agency word the disclosure?

Early, in one sentence, before the pitch. Section 9(2) already forces an opening that names the business and states the purpose, so adding a few words about what is making the call costs nothing that was not already being spent.

An opening that discloses without apologising for itself

Vale Property, the street and the callback are invented. The disclosure sits in the first sentence rather than after it, because the identification obligation lands there anyway.

Caller
Good morning, this is an automated assistant calling on behalf of Vale Property in Blackburn.
Caller
I am ringing about what homes on your street have been selling for, and I will be quick. Is now alright?
Homeowner
Hang on. Am I talking to a real person?
Caller
No, I am an AI assistant. If you would rather speak to somebody, I can have one of the agents call you back, or I can take you off the list now and you will not hear from us again.

The last line is the one that decides how the call is remembered. A person told plainly and offered a way out does not feel tricked, and it is the feeling of having been tricked, rather than the call itself, that turns into a complaint.

What should a principal actually do about it?

Five decisions to make before an AI caller dials for your agency

  1. Decide the disclosure position and write it down

    Not as a preference but as a policy signed by the licensee in charge, saying what the caller announces and at what point. A position nobody wrote down is a position that changes with whoever is on shift.

  2. Read the opening line against section 9(2)

    The given name, the business, whoever caused the call to be made, and the purpose. Then decide in writing what the agency does about the given name when the caller is software. Our read of the wider obligations is in how we comply.

  3. Keep the disclosure inside the recording

    If the agent discloses only when it is asked, most recordings will contain no disclosure at all, and the recording is the only version of events that exists eight months later when somebody complains.

  4. Never let the software answer the direct question dishonestly

    A caller that is asked whether it is a person and answers that it is has made a representation in trade or commerce. The Australian Consumer Law provisions on misleading conduct are technology neutral, and the October 2025 review left them that way on purpose.

  5. Check that the rest of the process still holds

    Washing, the hours read on the called person's own clock, and the duty to stop on request do not soften because the caller is synthetic. The permitted hours are here.

Disclosure is where this argument is loudest, but it is not where most agencies get caught. The obligations with penalties already attached are the ones in what the law requires of an unsolicited call, and what an AI caller can and cannot be shown to do is in does AI cold calling actually work.

Common questions

Can I get in trouble for not saying the caller is an AI?
We could not find a general Australian rule that makes the omission itself a breach. What creates exposure is everything around it. A caller that lets a homeowner believe they spoke to a person, or answers a direct question dishonestly, is making a representation in trade or commerce, and the Australian Consumer Law provisions on misleading conduct are technology neutral. Take advice on your own process.
Does the Do Not Call Register apply differently to an AI caller?
No. Section 4 of the Do Not Call Register Act 2006 defines a voice call to include a call involving a recorded or synthetic voice, so a synthetic caller sits inside the same definition as a human one. The list still has to be washed, the wash result still runs 30 days, and the protection still belongs only to whoever performed the wash.
Do I have to tell people the call is being recorded?
Recording obligations are separate from the telemarketing rules and are set state by state under the listening devices and surveillance devices legislation, so there is no single national answer and this is one to take advice on rather than to take from an article. As a matter of practice, saying it in the opening sentence costs a few words and removes the worst conversation you can have afterwards.
Is an AI caller allowed to use a human sounding name?
Nothing we found prohibits it. Section 9(2) of the 2017 standard asks for the given name of the individual making the call, which is a requirement written on the assumption that there is an individual, and we found no ACMA guidance on how it applies to software. Decide the position at licensee in charge level and record the reasoning, because the file is what gets read later.
What changes if the rules catch up?
An agency that already discloses changes nothing. Article 50 of the EU Artificial Intelligence Act began applying on 2 August 2026 and requires that people be told they are interacting with an AI system unless it is obvious, and Australia's commercial radio code took a much narrower version of the same idea from 1 July 2026. Building the sentence in now costs one line of script.
Does the agency or the software supplier carry this decision?
The agency. Section 11(9) of the Do Not Call Register Act treats a person who arranges for somebody else to make calls as having caused those calls, so outsourcing the dialling moves the work rather than the liability. A supplier's assurance about what its agent discloses is a commercial promise between the two of you, not a defence available to you afterwards.

Sources

  1. 1Do Not Call Register Act 2006. Federal Register of Legislation, Compilation in force, 2026.
  2. 2Telecommunications (Telemarketing and Research Calls) Industry Standard 2017. Federal Register of Legislation, Made 2017, in force 2026.
  3. 3Review of AI and the Australian Consumer Law, final report. The Treasury, October 2025.
  4. 4AI disclosure required under new commercial radio rules. Australian Communications and Media Authority, Code in effect 1 July 2026.
  5. 5Voluntary AI Safety Standard. Department of Industry, Science and Resources, National AI Plan, December 2025.
  6. 6AI in Housing 2026: trust but verify. Cotality, Fieldwork 29 January to 9 February 2026.
  7. 7AI cold calling real estate assistant raises issues of consent, trust and transparency. ARC Centre of Excellence for Automated Decision Making and Society, 29 May 2026.
  8. 8Transparency obligations under Article 50 of the AI Act. European Commission, Applies from 2 August 2026.

Written by

Jason

Founder, ListingLine

Builds the AI voice agent that ListingLine customers point at their farm area. Spends most of his week reading call transcripts, which is an unusual and fairly grim way to learn what Australian homeowners will and will not talk about on the phone.

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