This bill is currently before Parliament.
Law, justice & rights
The bill keeps section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty. of the Criminal CodeThe Commonwealth law that contains many federal criminal offences, including general secrecy offences in Part 5.6. operating for another six months, moving its sunset dateThe date when a law or provision is set to expire unless Parliament extends or replaces it. from 29 June 2026 to 29 December 2026.
Section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty. was already designed as a temporary bridge while Commonwealth non-disclosure duties were reviewed. The Attorney-General's Department review recommended repealing it once replacement secrecy reforms were ready, but the broader reform bill was still before Parliament. This bill was introduced to prevent a gap in criminal liability for existing non-disclosure duties before those wider reforms were considered.
This is a narrow companion bill to a larger secrecy-law reform package. The broader debate was about reducing Australia's large and uneven set of secrecy offences, improving press-freedom safeguards and deciding when criminal penalties are still justified. This bill does not make those wider reforms itself. It simply keeps the existing general non-disclosure offence in section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty. alive until 29 December 2026 so Parliament has more time to deal with the separate repealing-offences bill.
Most criticism in the debate was not directed at the six-month sunset extension by itself. Members used the debate to argue that the wider secrecy reform package still left gaps: whistleblower law remained too weak, public-interest journalism protections should go further, and the replacement secrecy offence proposed in the companion bill risked relying on an undefined idea of 'improper' use rather than a clear harm-based test.
Hon Michelle Rowland MP introduced this bill. Supportive speeches so far have come from Labor, LNP.
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
70 days
Updated 10 June 2026.
Meaning
The bill keeps section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty. of the Criminal CodeThe Commonwealth law that contains many federal criminal offences, including general secrecy offences in Part 5.6. operating for another six months, moving its sunset dateThe date when a law or provision is set to expire unless Parliament extends or replaces it. from 29 June 2026 to 29 December 2026.
Section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty. makes it a criminal offence for a Commonwealth officer, or someone working for a Commonwealth entity, to communicate information in breach of a non-disclosure dutyA legal duty not to disclose particular information. Under section 122.4, breaching some of these duties can attract criminal liability. under Commonwealth law.
The government says the extension is temporary and is needed so criminal liability does not lapse before Parliament considers broader secrecy-law reforms.
The bill starts the day after Royal AssentThe final formal step after Parliament passes a bill. This bill would commence the day after Royal Assent if enacted., if passed, and the source bundle did not include a final Act text or Royal AssentThe final formal step after Parliament passes a bill. This bill would commence the day after Royal Assent if enacted. details.
Omit "29 June 2026", substitute "29 December 2026".Secrecy Provisions Amendment (Sunsetting Provision) introduced bill text
Section 122.4 creates an offence where: a person communicates information; the person made or obtained the information by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; the person is under a duty not to disclose the information; and the duty arises under a law of the Commonwealth.Secrecy Provisions Amendment (Sunsetting Provision) explanatory memorandum
The limited extension provided by this bill will ensure the parliament has sufficient time to consider the broader reforms to the Commonwealth secrecy framework proposed by the Secrecy Provisions Amendment (Repealing Offences) Bill, before section 122.4 sunsets.Minister's second reading speech
The day after this Act receives the Royal Assent.Secrecy Provisions Amendment (Sunsetting Provision) introduced bill text
Context
This is a narrow companion bill to a larger secrecy-law reform package. The broader debate was about reducing Australia's large and uneven set of secrecy offences, improving press-freedom safeguards and deciding when criminal penalties are still justified. This bill does not make those wider reforms itself. It simply keeps the existing general non-disclosure offence in section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty. alive until 29 December 2026 so Parliament has more time to deal with the separate repealing-offences bill.
AGD secrecy review released
The Attorney-General's Department review recommended changes to Commonwealth secrecy provisions, including repealing section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty. once necessary changes were made to relevant non-disclosure duties.
Explanatory memorandum ↗Sunsetting extension bill introduced
The government introduced the bill to extend section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty.'s sunset from 29 June 2026 to 29 December 2026.
Parliamentary timeline and bill text ↗Minister links extension to broader secrecy reforms
Michelle Rowland said the short extension would preserve section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty. while Parliament considered the separate Secrecy Provisions Amendment (Repealing Offences) Bill.
Minister's second reading speech ↗House debate focuses on secrecy reform and whistleblowers
Members debated the sunsetting bill together with the larger repealing-offences bill, raising press freedom, whistleblower protections and the breadth of secrecy offences.
House of Representatives Hansard ↗House third reading agreed
The APH timeline records that the House agreed to the bill at third reading, but no final Act text was collected for this page.
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
The collected APH source notes record that the bill was considered in Scrutiny Digest 6 of 2026. No committee concern or recommendation text was included in the local source bundle.
Considered
APH bill source notesThe 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.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Key criticism
Most criticism in the debate was not directed at the six-month sunset extension by itself. Members used the debate to argue that the wider secrecy reform package still left gaps: whistleblower law remained too weak, public-interest journalism protections should go further, and the replacement secrecy offence proposed in the companion bill risked relying on an undefined idea of 'improper' use rather than a clear harm-based test.
The narrow sunsetting bill was generally treated as an interim measure; the sharper objections were about the broader secrecy reforms and what should replace section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty..
Whistleblower protections still seen as inadequate
Andrew Wilkie supported reducing secrecy but moved a second-reading amendmentA proposed change to the motion that a bill be read a second time. It usually records the House's view or calls for action, rather than changing the text of the bill itself. calling for stronger public and private sector whistleblower protections, public-interest journalism reforms, a whistleblower protection authority and a rewards scheme.
Concern about an undefined 'improper' test
Kate Chaney argued that the companion bill's replacement for section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty. should use a harm-based threshold tied to essential public interests, rather than an undefined standard of improper use or communication.
Journalist and public-interest defences considered unfinished
Allegra Spender said the reforms improved the law but did not fully protect journalists and whistleblowers, including because the existing public-interest journalism defence still placed an evidential burden on journalists.
Further sources
Votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Start here — lead voices
Rowland says the bill temporarily extends section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty. of the Criminal CodeThe Commonwealth law that contains many federal criminal offences, including general secrecy offences in Part 5.6. to 29 December 2026 so existing secrecy duties keep criminal force while Parliament considers the broader repealing-offences bill.
Read in Hansard ↗Wallace says the coalition supports sensible reform of secrecy laws but stresses that secrecy offences still protect national security, privacy, commercial confidence and public trust when information can cause real harm if disclosed.
Read in Hansard ↗Wilkie supports reducing secrecy but uses the debate to move a second-reading amendmentA proposed change to the motion that a bill be read a second time. It usually records the House's view or calls for action, rather than changing the text of the bill itself. calling for stronger whistleblower protections, media-source protections, a whistleblower protection authority and a rewards scheme.
Read in Hansard ↗Clutterham supports the sunsetting and repealing-offences bills and argues they contain robust whistleblower processes, while acknowledging that future consultation and reform of disclosure laws will continue.
Read in Hansard ↗All speeches by bloc
5 speakers · 6 contributions · 4 support · 1 unclear
“I rise today to speak in support of the Secrecy Provisions Amendment (Sunsetting Provision) Bill and Secrecy Provisions Amendment (Repealing Offences) Bill.”Read the full speech in Hansard ↗
“At the centre of the current framework is section 122.4 of the Criminal Code. Section 122.4 makes it an offence for a Commonwealth officer or a person engaged to perform work for a Commonwealth entity to communicate information in breach of a duty arising under another Commonwealth law.”Read the full speech in Hansard ↗
“The limited extension to 29 December 2026 ensures there is no gap in protections for sensitive Commonwealth information while parliament does its job properly.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Michelle Rowland, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Rowland says the bill temporarily extends section 122.4A Criminal Code offence that applies when a Commonwealth officer, or someone working for a Commonwealth entity, communicates information in breach of a Commonwealth non-disclosure duty. of the Criminal CodeThe Commonwealth law that contains many federal criminal offences, including general secrecy offences in Part 5.6. to 29 December 2026 so existing secrecy duties keep criminal force while Parliament considers the broader repealing-offences bill.
“The limited extension provided by this bill will ensure the parliament has sufficient time to consider the broader reforms to the Commonwealth secrecy framework proposed by the Secrecy Provisions Amendment (Repealing Offences) Bill, before section 122.4 sunsets.”Read this contribution in Hansard ↗
Second reading speech
Rowland closes debate for the government, saying secrecy laws must protect genuinely sensitive information while improving transparency. She says the government will oppose Wilkie's second-reading amendmentA proposed change to the motion that a bill be read a second time. It usually records the House's view or calls for action, rather than changing the text of the bill itself. and pursue whistleblower reform separately.
“This bill to reform secrecy laws and the government's considered and methodical approach to whistleblower reform are critical to supporting integrity and the rule of law. For these reasons, the government will be opposing the amendment.”Read this contribution in Hansard ↗
“Question unresolved. As it is necessary to resolve this question to enable further questions to be considered in relation to this bill in accordance with standing order 195, the bill will be returned to the House for further consideration.”Read the full speech in Hansard ↗
1 speaker · 1 support
“Let me say clearly that the coalition supports the principle that criminal sanctions should be proportionate to the seriousness of the conduct involved.”Read the full speech in Hansard ↗
3 speakers · 3 mixed
“Minimising secrecy and maximising transparency are obviously building blocks of a healthy democracy and are to be applauded, so the Secrecy Provisions Amendment (Repealing Offences) Bill 2026 is a worthwhile bill and is obviously supportable.”Read the full speech in Hansard ↗
“These are real reforms. They reduce criminal liability, raise thresholds and lower penalties. I do not want to diminish what this bill achieves. Reducing 875 secrecy provisions to fewer than 600 is a genuine accomplishment. Removing the absurdity of journalists facing prosecution for receiving unsolicited documents is a genuine improvement. But genuine improvement is not the same as adequate protection.”Read the full speech in Hansard ↗
“But replacing them with an offence that turns on whether the use of information was improper is dangerously vague. It's not consistent with the harm based approach or the focus on essential public interests, advocated by the INSLM and the Law Council, which the government agreed with in principle.”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 · 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 · 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 Standing Committee for the Scrutiny of Bills
Considered
The collected APH source notes record that the bill was considered in Scrutiny Digest 6 of 2026. No committee concern or recommendation text was included in the local source bundle.
APH bill source notes
