According to Section 8BG of the Telstra Corporations Act 1991 (as amended by Act No. 53 of 1999), foreign ownership of Telstra (the incumbent telecommunications company) is limited to 35%, and individual foreign investors are permitted to own up to 5%.

According to the National Broadband Network Companies Act 2011 (Subdivision A, Division 2, Part 3), the Commonwealth must retain full ownership of National Broadband Network Co (NBN Co). In addition, this ownership structure could be terminated only in limited circumstances (Subdivision B).

National Broadband Network Co (NBN Co) is a wholly government-owned enterprise tasked with designing, building, deploying, and operating a high-speed (internet) access network across Australia.

Australia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. According to the Telecommunications Act (Part 9) and the Carrier Licence Conditions Declaration, functional separation is mandated for operators with significant market power. Accounting separation is mandated for the National Broadband Network Co (NBN Co), which must maintain separate accounts for its different technology units.

Australia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

The Australian Communications and Media Authority Act 2005 No. 44 establishes the Australian Communications and Media Authority (ACMA) as an independent telecommunications authority. Division 4 of the Act establishes that the Minister may give written directions to the ACMA in relation to the performance of its functions and the exercise of its powers. However, it is reported that the ACMA is independent from the government in the decision-making process.

My Health Records Act 2012 requires information relating to health records to be stored and processed within Australia unless the records do not include "personal information in relation to a healthcare recipient or a participant in the My Health Record System" or "identifying information of an individual or entity" (Section 77).

It is reported that credit reporting bodies are obligated to retain all comprehensive credit information within Australia or on a cloud service that complies with the published requirements of the Australian Signals Directorate (ASD), which, in practice, is likely to be an Australia-based cloud.

Under Australian Privacy Principle (APP) 8 of the Privacy Act, APP entities that disclose personal information to overseas recipients are required to take reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles (excluding APP 1), unless an exception applies. The "substantially similar regime" exception applies where the APP entity reasonably believes that the overseas recipient is subject to a law or binding scheme that, overall, affords a level of protection substantially similar to that of the APPs and provides mechanisms for individuals to enforce those protections. In December 2024, the Privacy Act was amended to allow the government to make regulations specifying jurisdictions or binding schemes that qualify under this first exception, although no such whitelist has been formally established to date. Second, data can be transferred across borders when the individual is expressly informed that, by consenting to the disclosure, APP 8.1 will not apply, and the individual subsequently provides consent. Third, the disclosure may be permitted if it is required or authorised by an Australian law or by an order of a court or tribunal. Fourth, an exception arises where a permitted general situation (excluding those related to legal or equitable claims or alternative dispute resolution) exists in relation to the disclosure. Fifth, if the APP entity is a government agency, and the disclosure is required or authorised under an international agreement to which Australia is a party that pertains to information sharing. Sixth, where the entity is an agency and reasonably believes that the disclosure is necessary for one or more enforcement-related activities conducted by or on behalf of an enforcement body, and the recipient performs similar functions or exercises comparable powers, the exception also applies.
Pursuant to Section 6, an “APP entity” includes both agencies and organisations. “Agencies” refer to Commonwealth government entities, including federal courts, as listed in the Privacy Act, while “organisations” encompass individuals, corporations, partnerships, unincorporated associations, and trusts, excluding small business operators, registered political parties, agencies, State or Territory authorities, and certain prescribed State or Territory instrumentalities.

Under the Foreign Acquisitions and Takeovers Act 1975 (FATA), Australia subjects certain foreign investments to national security screening, combining mandatory ex ante notification with call-in and last-resort ex post powers. Under Section 55B, a notifiable national security action arises where a foreign person proposes to start a national security business, acquire a direct interest in a national security business (or in an entity carrying on such a business), or acquire an interest in national security land. The term national security business is defined in Section 8AA of the Foreign Acquisitions and Takeovers Regulation 2015, including businesses connected to critical infrastructure, telecommunications carriers or nominated carriage service providers, businesses supplying critical military or intelligence goods, technologies, or services, and certain businesses handling classified information or sensitive data relating to defence and intelligence personnel. Government guidance further indicates that, where this national security screening applies, notification is generally required regardless of transaction value.
Australia’s national security screening framework also includes ex post review mechanisms. Under Section 66A of FATA, the Treasurer may review a reviewable national security action (and certain significant actions) on national security grounds. Investments not subject to mandatory notification may be voluntarily notified to reduce the risk of later review, while non-notified investments may be called in for a national security assessment. In addition, Division 3 of Part 3 of FATA establishes last-resort powers, including powers to vary or revoke conditions, impose new conditions, or require divestment where national security risks arise after an initial assessment or approval.
In practice, these powers have been invoked to restrict foreign participation on grounds of national security and national interest. For example, in 2012, the Australian Government blocked Huawei Technologies Co Ltd from tendering for contracts associated with the National Broadband Network (NBN), citing cybersecurity concerns. More recently, in June 2024, the Treasurer ordered several China-linked investors to dispose of their shares in the rare earths miner Northern Minerals, including Yuxiao Fund, Ximei Liu, Xi Wang, and Black Stone Resources.

Australia is a party to the Patent Cooperation Treaty (PCT).

Australia has a clear regime of copyright exceptions under the Copyright Act that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. The list of exceptions includes research or study, criticism or review, parody or satire, reporting news, enabling a person with a disability to access the material, and professional advice by a lawyer, patent attorney or trademark attorney (Division 3).

Australia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Australia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.