Before an AI answers or makes your calls: state call recording laws, what to tell callers, and how the Do Not Call Register treats AI voices.
Key takeaways
- AI phone answering is legal. Honesty, privacy and recording consent are what you must get right.
- Open every call with three facts: who you are, that this is an AI assistant, and that the call may be recorded.
- State recording laws differ. Write your greeting for the strictest, which is NSW.
- Outbound AI marketing calls are telemarketing calls. The Register, calling hours and identification rules apply.
What are the AI voice agent rules in Australia?
There is no single AI law. AI voice agent rules in Australia come from laws that already exist: state surveillance and listening device laws for recording, the Privacy Act for personal information, the Australian Consumer Law for what the agent says, and the Do Not Call Register and telemarketing standard for outbound calls.
The Government chose this approach deliberately. Its National AI Plan (December 2025) relies on existing laws rather than a standalone AI Act (Department of Industry). For a small business, that means the old rules are the ones to follow.
What do call recording laws in Australia require?
Call recording laws in Australia are mostly state laws, and they differ:
| State | Rule in short | Source |
|---|---|---|
| NSW | A party may record with the consent of all principal parties, with limited exceptions | Surveillance Devices Act 2007, s 7 |
| WA | Similar all-party consent approach | Surveillance Devices Act 1998, s 5(3) |
| SA | Similar all-party consent approach | Surveillance Devices Act 2016, s 4(2) |
| Qld | A party may record, but publishing the recording is restricted | Invasion of Privacy Act 1971, ss 43 and 45 |
| Vic | Aimed mainly at recording conversations you are not part of; check the current text | Surveillance Devices Act 1999 |
In NSW, corporations face penalties of up to 500 penalty units for unlawful recording. Because callers can be anywhere, write one greeting that meets the strictest rule and use it for every call.
What should an AI receptionist disclosure say?
A good AI receptionist disclosure is short and comes first:
“Thanks for calling Northside Pest Control. I’m the AI assistant, and this call may be recorded. I can book an inspection or take a message, or say team member to speak to a person.”
That one line does three jobs. It identifies the business, it tells the caller they are dealing with AI, and it gives notice of recording with a way out. If the caller continues, they have the information they need to consent.
The OAIC AI guidance says businesses should make sure individuals are aware they are interacting with an AI system rather than a human. The Government’s Guidance for AI Adoption (October 2025) makes the same point about chatbots.
How does the Privacy Act apply to AI phone answering?
If your business is covered by the Privacy Act, which includes every health service provider regardless of turnover, AI phone answering collects personal information and the Australian Privacy Principles apply:
- Collect only what you need to book or help the caller.
- Say how you use it, in your privacy policy.
- Keep transcripts and recordings secure, and delete them when no longer needed.
- Check where your provider stores the data and whether it trains models on your calls.
From 10 December 2026, covered businesses that use computer programs to make decisions that significantly affect people must explain this in their privacy policy (OAIC, 30 September 2026). An agent that answers and books is unlikely to be making those decisions, but review it with your adviser.
Does the Do Not Call Register apply to AI calls?
Yes. On AI calls, the Do Not Call Register law is clear. The Do Not Call Register Act 2006 defines a voice call to include a call that involves a recorded or synthetic voice. An AI agent ringing people to sell is a telemarketing call.
The telemarketing industry standard then requires:
- Telemarketing calling hours: 9am to 8pm on weekdays and 9am to 5pm on Saturdays, with no calls on Sundays or national public holidays.
- Identification: the caller must give the business name and the purpose of the call.
- A way to get details: synthetic-voice calls must give the person a way to request the caller’s information.
- Ending the call: the call must end immediately when the person asks.
- Caller ID: a number that can take return calls.
Enforcement is real. In July 2026 the ACMA announced that TAB paid more than $2.7 million over telemarketing and spam breaches (ACMA).
What is the safe way to use AI voice agents?
- Use AI voice agents for inbound calls first. That is where the risk is lowest and the value is highest.
- Put the disclosure in the first sentence, every time.
- Give callers a way to reach a person, and honour it.
- Collect the minimum and keep it in your own CRM.
- Keep outbound AI calls to existing customers on matters they asked about, such as appointment confirmations.
- Check the Register and the calling hours before any outbound marketing, AI or not.
- Review a sample of calls every week.
AI receptionist explains how Launch Your Dream sets up inbound AI phone answering, and agentic AI for small business covers the other agents.
Who builds this for Australian businesses?
Launch Your Dream, by Sharktech Global, builds AI agents into industry suites for Australian small and medium businesses, set up and looked after for you, up and running within 7 working days of receiving your onboarding details. Book a free 30 minute discovery call.
General information only, not legal advice. Recording and telemarketing laws change and vary by state. Get advice for your situation.
Common questions
- Is it legal to use an AI receptionist in Australia?
- Yes. There is no ban on AI phone answering. The usual rules apply: be honest that it is AI, handle personal information under the Privacy Act where it applies, and get consent before recording where state law requires it.
- Do I have to tell callers they are talking to AI?
- The OAIC and the Government's Guidance for AI Adoption both say people should know when they are dealing with AI. Saying so in the greeting is the simplest way to comply.
- Can I record calls handled by an AI agent?
- Generally yes, with notice. NSW, WA and SA generally require the consent of all principal parties, so tell callers at the start and let them continue or ask for a person.
- Do AI outbound calls count as telemarketing?
- Yes. The Do Not Call Register Act 2006 defines voice calls to include calls with a recorded or synthetic voice, so the Register and the telemarketing standard apply to AI marketing calls.
- What hours can telemarketing calls be made?
- Under the telemarketing standard, 9am to 8pm on weekdays and 9am to 5pm on Saturdays, with no calls on Sundays or national public holidays.