This bill became law on Dec 10th, 2024.
Law, justice & rights
Australia’s privacy regulator gets stronger enforcement options, including civil penaltiesA financial penalty used by a court for breaking the law, which the bill makes easier to tailor to the seriousness of the privacy breach. that can better match less extreme but still serious privacy breaches.
Existing privacy law left Australia with weak enforcement tools and gaps exposed by serious data breaches, online harms and invasions of privacy. This bill strengthens penalties and privacy codes, allows limited information sharing in emergencies, lets people sue for serious privacy invasions, and makes malicious doxxingReleasing someone's personal data online in a threatening, harassing or malicious way, which this bill makes a crime in some cases. a crime.
Australia’s privacy laws were already in place, but the government said they needed to be updated for the digital age, with stronger enforcement tools and the first tranche of reforms flowing from the Privacy ActThe main federal privacy law this bill updates with new penalties, codes, and sharing rules. review. After National CabinetThe meeting of the Prime Minister and state and territory leaders that the page says backed action on gender-based violence and doxxing. committed in May 2024 to address gender-based violence, including by banning doxxingReleasing someone's personal data online in a threatening, harassing or malicious way, which this bill makes a crime in some cases., the bill bundled tougher privacy penalties, new code-making powers, emergency information-sharing rules, a tort for serious invasions of privacy and criminal offences for malicious sharing of personal data, before passing Parliament and becoming law in December 2024.
The main criticism was that the bill was piecemeal and rushed, with too little public analysis, no exposure draft and limited time to properly test complex parts such as the new privacy tortA new court claim that lets a person seek damages when someone seriously invades their privacy by intrusion or misuse of information. and other late changes. Those concerns were raised mainly by Coalition senators and speakers seeking more scrutiny, while the Greens argued the reforms still fell short of stronger privacy protections even though no party represented in the debate opposed the bill overall.
Mark Dreyfus MP introduced this bill. It passed with support from Labor, Greens, One Nation, some crossbench members; opposed by Liberal Party, Nationals, Australia's Voice, UAP, some crossbench members.
Did it become law?
Yes
Became law 10 Dec 2024
Final passage
Recorded final vote
1 counted final-passage vote was recorded.
Passage speed
89 days
From introduction to the latest recorded parliamentary step
Meaning
Australia’s privacy regulator gets stronger enforcement options, including civil penaltiesA financial penalty used by a court for breaking the law, which the bill makes easier to tailor to the seriousness of the privacy breach. that can better match less extreme but still serious privacy breaches.
Online services and other organisations can be put under new privacy code rules, including a required Children’s Online Privacy Code and fast temporary rules for urgent situations.
In emergencies and major data breaches, the government can allow limited sharing of personal information to help people and reduce harm without breaching privacy law.
People can sue for a serious invasion of privacy when someone deliberately or recklessly intrudes on their private life or misuses their information in serious cases.
Posting or sharing someone’s personal data online in a menacing or harassing way becomes a crime, with a separate offence for targeting people because of protected characteristics.
The Office of the Australian Information Commissioner (OAIC), Australia’s national privacy regulator, would have access to a broader range of enforcement options, as well as new functions and capabilities. These include two new provisions to ensure civil penalties can be tailored appropriately to the level of seriousness of the privacy breach. This would address the gap in the current law under which the Australian Information Commissioner (Information Commissioner) can only seek civil penalties for the most serious or egregious interferences with privacy.Privacy and Other Legislation Amendment explanatory memorandum
Additionally, the Information Commissioner would have enhanced code-making powers to provide greater clarity and specificity about the application of, or compliance with, the Australian Privacy Principles (APPs). This includes developing and registering an APP code on the direction of the Attorney-General where it is in the public interest to do so, and to make temporary APP codes to respond to urgent situations. To strengthen and protect the privacy of children online, the Information Commissioner would also be required to develop and register a Children’s Online Privacy Code (COP Code) within two years of commencement of the relevant provisions.Privacy and Other Legislation Amendment explanatory memorandum
This Bill provides that entities may handle personal information in a manner that would otherwise not be permitted under the APPs when it is necessary to assist individuals in emergencies and following significant data breaches. Emergency declarations made in relation to an emergency or disaster will be more flexible and targeted to assist with the Commonwealth’s response in these situations, and give entities confidence about when they are permitted to take actions (such as sharing personal information) without contravening the Act. The Minister would also have the power to issue a declaration that would enable the sharing of personal information with appropriate entities where it is necessary or appropriate to prevent or reduce the risk of harm to individuals in the event of an eligible data breach.Privacy and Other Legislation Amendment explanatory memorandum
Individuals would have a cause of action if they suffer an invasion of their privacy, either by an intrusion into their seclusion or by misuse of information, when: a person in their position would have had a reasonable expectation of privacy in all the circumstances; the invasion of privacy was intentional or reckless; and the invasion of privacy was serious. Where one or more competing public interests are identified by a defendant (for example, the public interest in freedom of expression), the plaintiff must also satisfy the court that the public interest in protecting their privacy outweighs those competing public interests.Privacy and Other Legislation Amendment explanatory memorandum
The Bill amends the Criminal Code Act 1995 (Cth) (Criminal Code) to introduce new offences targeting the release of personal data using a carriage service in a manner that would be menacing or harassing – a practice which is colloquially known as ‘doxxing’.Privacy and Other Legislation Amendment explanatory memorandum
Context
Australia’s privacy laws were already in place, but the government said they needed to be updated for the digital age, with stronger enforcement tools and the first tranche of reforms flowing from the Privacy ActThe main federal privacy law this bill updates with new penalties, codes, and sharing rules. review. After National CabinetThe meeting of the Prime Minister and state and territory leaders that the page says backed action on gender-based violence and doxxing. committed in May 2024 to address gender-based violence, including by banning doxxingReleasing someone's personal data online in a threatening, harassing or malicious way, which this bill makes a crime in some cases., the bill bundled tougher privacy penalties, new code-making powers, emergency information-sharing rules, a tort for serious invasions of privacy and criminal offences for malicious sharing of personal data, before passing Parliament and becoming law in December 2024.
National CabinetThe meeting of the Prime Minister and state and territory leaders that the page says backed action on gender-based violence and doxxing. backs action on gender-based violence and doxxingReleasing someone's personal data online in a threatening, harassing or malicious way, which this bill makes a crime in some cases.
The government later said the bill delivered a May 2024 National CabinetThe meeting of the Prime Minister and state and territory leaders that the page says backed action on gender-based violence and doxxing. commitment to address gender-based violence by outlawing malicious online release of personal data.
Hansard ↗Government introduces the Privacy and Other Legislation Amendment Bill 2024
The Attorney-General introduced the bill as the first tranche of agreed Privacy ActThe main federal privacy law this bill updates with new penalties, codes, and sharing rules. review reforms to make privacy law more effective in the digital age.
Hansard ↗House passes the bill
After debate and detailed consideration, the House completed its passage of the bill and sent it to the Senate.
Parliamentary timeline ↗Parliament passes the bill
Both houses agreed on the same text, clearing the way for the new privacy, doxxingReleasing someone's personal data online in a threatening, harassing or malicious way, which this bill makes a crime in some cases. and civil action measures to become law.
Parliamentary timeline ↗Royal AssentThe final step that turns a passed bill into an Act. makes the reforms law
Royal AssentThe final step that turns a passed bill into an Act. turned the bill into an Act, completing the legislative response set out in the government’s privacy and online harm package.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (19/09/2024): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (14/11/2024)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The chamber considered the bill in detail and dealt with amendments before the next stage.
Consideration in detail debate
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The Senate agreed to a package of Government amendments before final passage.
Committee amendments agreed: 35 Government amendments agreed
Recorded vote: 31 to 23.
The Senate passed the bill after considering amendments.
Third reading agreed to
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Consideration of Senate message
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act., turning the bill into an Act.
Key criticism
The main criticism was that the bill was piecemeal and rushed, with too little public analysis, no exposure draft and limited time to properly test complex parts such as the new privacy tortA new court claim that lets a person seek damages when someone seriously invades their privacy by intrusion or misuse of information. and other late changes. Those concerns were raised mainly by Coalition senators and speakers seeking more scrutiny, while the Greens argued the reforms still fell short of stronger privacy protections even though no party represented in the debate opposed the bill overall.
Criticism focused more on drafting, scrutiny and scope than on rejecting the bill’s core aims.
Rushed and poorly scrutinised drafting
Critics argued the bill’s structure and process were weak because major privacy changes were bundled without an exposure draft, with limited public analysis and too little inquiry time to test the details properly.
Key reforms needed more work or went not far enough
Some critics said the bill’s privacy reforms, especially the statutory tort, needed more scrutiny before firm support, while others said the package still fell short of the stronger privacy protections Australians need.
Further sources
Votes
The chamber-passage votes come first. Expand a vote to see the party breakdown.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed 31 to 23. Support came from Labor, Greens, One Nation, and minor parties and independents. Opposition came from Liberal Party, Nationals, Australia's Voice, and UAP. Minor-party and independent votes were split.
Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.
House
Passed 79 to 35. Support came from Labor, Greens, and minor parties and independents. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
This settled the bill between the two chambers so it could pass both Houses in the same form.
The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senate
Passed 37 to 17. Support came from Liberal Party, Greens, Nationals, and Australia's Voice. Opposition came from Labor. Minor-party and independent votes were split.
A carried second-reading statement would record Senate criticism of how the bill was handled while affirming support for its doxxingReleasing someone's personal data online in a threatening, harassing or malicious way, which this bill makes a crime in some cases. reforms.
Passed 30 to 26. Support came from Labor, Greens, and minor parties and independents. Opposition came from Liberal Party, Nationals, Australia's Voice, and One Nation. Minor-party and independent votes were split.
This vote advanced the bill's serious-invasions-of-privacy schedule by broadening who and what is exempt from liability or coverage.
Passed 30 to 26. Support came from Labor, Greens, and minor parties and independents. Opposition came from Liberal Party, Nationals, Australia's Voice, and One Nation. Minor-party and independent votes were split.
Defeating this motion left Schedule 2 standing as printed and allowed the new privacy tortA new court claim that lets a person seek damages when someone seriously invades their privacy by intrusion or misuse of information. provisions to remain in the bill.
Defeated 12 to 22. Support came from Greens, Australia's Voice, One Nation, and minor parties and independents. Opposition came from Labor, Liberal Party, UAP, and minor parties and independents.
Defeating the package kept the bill's existing privacy definitions and limits rather than strengthening them along the Greens' lines.
Passed 30 to 26. Support came from Labor, Greens, and minor parties and independents. Opposition came from Liberal Party, Nationals, Australia's Voice, and One Nation. Minor-party and independent votes were split.
This carried vote advanced the bill's serious-invasions-of-privacy schedule by widening exemptions and carve-outs in Schedule 2.
The Senate agreed on voices to 35 Government amendments to the privacy bill.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The Senate agreed on voices to second-reading notes moved by Senator Cash and Senator Scarr, covering support for doxxingReleasing someone's personal data online in a threatening, harassing or malicious way, which this bill makes a crime in some cases. reforms and criticism of the bill's structure, lack of public analysis, no exposure draft and limited inquiry time.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Dreyfus strongly supports the bill, saying it updates privacy law for the digital age, strengthens enforcement, creates a new privacy tortA new court claim that lets a person seek damages when someone seriously invades their privacy by intrusion or misuse of information., and criminalises doxxingReleasing someone's personal data online in a threatening, harassing or malicious way, which this bill makes a crime in some cases..
Read in Hansard ↗Chandler-Mather says the Greens will support the bill in the House, but they think it is only a first tranche of reforms and still falls well short of real privacy protection.
Read in Hansard ↗Malarndirri McCarthy strongly supports the bill, saying it is an important first step in modernising privacy law and strengthening protections for Australians.
Read in Hansard ↗Fletcher says the coalition is cautiously receptive to the bill's privacy-regime changes, but wants them tested through the committee processThe committee process where the bill was examined and critics said it needed more scrutiny before passage. before taking a final position.
Read in Hansard ↗All speeches by bloc
3 speakers · 3 support
“This Bill is an important first step in the Government's privacy reform agenda, but it will not be the last. Over the coming months, the Attorney- General's Department will develop the next tranche of privacy reform for targeted consultation, including draft provisions. The Government is approaching this important reform work carefully, to ensure increased privacy protections are balanced alongside other impacts, and that we deliver the fairest outcome for all Australians.”Read the full speech in Hansard ↗
“This bill is an important first step in the government's privacy reform agenda, but it will not be the last. Over the coming months, the Attorney-General's Department will develop the next tranche of privacy reform for targeted consultation, including draft provisions. The government is approaching this important reform work carefully, to ensure increased privacy protections are balanced against other impacts, and that we deliver the fairest outcome for all Australians.”Read the full speech in Hansard ↗
“The practice of doxxing is unacceptable, and this bill, the Privacy and Other Legislation Amendment Bill 2024, provides for substantial criminal and civil justice pathways.”Read the full speech in Hansard ↗
1 speaker · 1 mixed
“Secondly, in relation to the reforms to the regulatory regime concerning privacy, we welcome the decision not to progress with the more contentious reforms at a time when Australians can least afford it. The remaining changes warrant scrutiny, but we are cautiously receptive. We will test them through the committee process before arriving at a final position.”Read the full speech in Hansard ↗
1 speaker · 1 support
“The Greens will support this bill, the Privacy and Other Legislation Amendment Bill 2024, in the House but reserve our position in the Senate. We do this because although this first tranche of reforms is generally positive it fails to deliver what is needed to truly protect privacy in a way that meets the expectations of the community in this country.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Consideration in detail debate
Consideration in detail
The chamber considered the bill in detail and dealt with amendments before the next stage.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee amendments agreed: 35 Government amendments agreed
Government amendments agreed
The Senate agreed to a package of Government amendments before final passage.
Senate · Third reading agreed to
Recorded vote: 31 to 23.
Third reading agreed
The Senate passed the bill after considering amendments.
House · Consideration of Senate message
House agreed to Senate amendments
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act., turning the bill into an Act.
Senate Legal and Constitutional Affairs Legislation Committee; Committee report (14/11/2024)
Referred to committee
Referred to Committee (19 Sept 2024): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (14 Nov 2024)
APH bill page notes
