Delayed permanent reform
The government was criticised for needing another temporary extension instead of having a permanent secrecy-law framework ready, prolonging uncertainty over the final rules and safeguards.
This bill became law on Jun 29th, 2026.
Law, justice & rights
Commonwealth officers and contractors remain open to criminal charges if they unlawfully share government information.
The government said the extension would prevent a gap in criminal protection while Parliament considered wider secrecy-law reforms. The Attorney-General’s Department, the department responsible for federal law and justice policy, completed a review whose final report was released on 21 November 2023. It made 11 recommendations, including removing this offence after related secrecy duties were changed. The bill provides six extra months for that work.
Commonwealth secrecy law already imposed criminal liability on officials and contractors who disclosed information in breach of statutory duties, within a framework that included more than 860 secrecy-related provisions; public debate sharpened after federal police raided the ABC and a Sunday Telegraph reporter’s home in 2019. The Attorney-General’s Department’s 21 November 2023 review recommended repealing section 122.4The extended federal secrecy offence. after related changes, but the provision was due to sunset on 29 June 2026 before Parliament could consider them, so Hon Michelle Rowland MP introduced this bill, which Parliament passed and the Governor-General assented to on 29 June 2026, extending the offence to 29 December 2026 while wider reforms were considered.
Andrew Wallace (Liberal National Party) questioned why another temporary extension was needed instead of a permanent system being completed sooner. Julian Leeser (Liberal) noted this was Parliament’s third extension of the offence.
Hon Michelle Rowland MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 29 June 2026
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
89 days
From introduction to the latest recorded parliamentary step
Meaning
Commonwealth officers and contractors remain open to criminal charges if they unlawfully share government information.
People whose healthcare, personal or commercial information is held by government keep the existing criminal-law protection for six more months.
Parliament receives six more months to consider wider changes to Commonwealth secrecy laws. The deadline moves from 29 June to 29 December 2026.
Commonwealth officers and contractors are covered by the extension from the day after the law receives Royal AssentFormal approval that makes a bill law..
1 Subsection 122.4(3) of the Criminal Code Omit “29 June 2026”, substitute “29 December 2026”.Secrecy Provisions Amendment (Sunsetting Provision) as-passed text
1 Subsection 122.4(3) of the Criminal Code Omit “29 June 2026”, substitute “29 December 2026”.Secrecy Provisions Amendment (Sunsetting Provision) as-passed text
Criminal Code Act 1995 1 Subsection 122.4(3) of the Criminal Code Omit “29 June 2026”, substitute “29 December 2026”.Secrecy Provisions Amendment (Sunsetting Provision) as-passed text
2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Commencement Date/Details 1. The whole of this Act The day after this Act receives the Royal Assent.Secrecy Provisions Amendment (Sunsetting Provision) as-passed text
Context
Commonwealth secrecy law already imposed criminal liability on officials and contractors who disclosed information in breach of statutory duties, within a framework that included more than 860 secrecy-related provisions; public debate sharpened after federal police raided the ABC and a Sunday Telegraph reporter’s home in 2019. The Attorney-General’s Department’s 21 November 2023 review recommended repealing section 122.4The extended federal secrecy offence. after related changes, but the provision was due to sunset on 29 June 2026 before Parliament could consider them, so Hon Michelle Rowland MP introduced this bill, which Parliament passed and the Governor-General assented to on 29 June 2026, extending the offence to 29 December 2026 while wider reforms were considered.
Federal police raid the ABC and a journalist’s home
The raids later featured in calls for stronger journalist protections during Senate debate over the government’s secrecy-law reforms.
News.com.au ↗AGD review recommends repealing section 122.4The extended federal secrecy offence.
Released on 21 November 2023, the review made 11 recommendations, including repeal of section 122.4The extended federal secrecy offence. after the relevant non-disclosure duties were changed.
Secrecy Provisions Amendment (Sunsetting Provision) explanatory memorandum ↗Hon Michelle Rowland MP introduces the bill
With section 122.4The extended federal secrecy offence. due to expire on 29 June 2026, Hon Michelle Rowland MP introduced the bill to preserve criminal liability for breaches of Commonwealth non-disclosure duties while broader reforms were considered.
Hansard ↗Parliament passes the bill
Both Houses passed the bill in the same form on 29 June 2026, completing parliamentary passage before the original sunset dateWhen a law automatically stops operating..
Parliamentary timeline ↗Royal AssentFormal approval that makes a bill law. extends section 122.4The extended federal secrecy offence. to 29 December 2026
Royal AssentFormal approval that makes a bill law. turned the bill into an Act and extended section 122.4The extended federal secrecy offence.’s operation until 29 December 2026.
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
Considered by scrutiny committee (06/05/2026): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 6 of 2026
Scrutiny Digest 6 of 2026
APH bill page 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
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 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 chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentFormal approval that makes a bill law., turning the bill into an Act.
Key criticism
Andrew Wallace (Liberal National Party) questioned why another temporary extension was needed instead of a permanent system being completed sooner. Julian Leeser (Liberal) noted this was Parliament’s third extension of the offence.
Leeser still called the extension necessary, and said the Coalition would vote for it to avoid a gap in protection. Wallace also described temporary arrangements as sometimes necessary.
Delayed permanent reform
The government was criticised for needing another temporary extension instead of having a permanent secrecy-law framework ready, prolonging uncertainty over the final rules and safeguards.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
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.
Senate 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.
Parliamentary debate
Start here — lead voices
Rowland supports the bill because its limited extension of the current secrecy offence will protect sensitive information while parliament considers broader reforms to Commonwealth secrecy laws.
Read in Hansard ↗Leeser says the coalition will vote for the bill because extending the existing secrecy offence for six months will prevent a serious gap in protections while parliament scrutinises broader reforms.
Read in Hansard ↗Wilkie does not address the sunsetting bill in the supplied speech, which instead supports a different secrecy provisions bill and calls for stronger whistleblower protections.
Read in Hansard ↗Ayres supports the bill as a limited extension of the section 122.4The extended federal secrecy offence. secrecy offence until December 2026, arguing that Parliament needs time to consider broader reforms before the provision expires.
Read in Hansard ↗All speeches by bloc
6 speakers · 7 contributions · 5 support · 1 unclear
“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 the full speech in Hansard ↗
“I rise today to speak in support of the Secrecy Provisions Amendment (Sunsetting Provision) Bill and Secrecy Provisions Amendment (Repealing Offences) Bill. Before I do, I do acknowledge the contribution from the member for Clark. I share his view that the disclosable conduct regime in the Public Interest Disclosure Act, taxation assessments act and the Corporations Act are complex, but they are complex for very good reasons. I would put some of his concerns to rest that the legislation does, in fact, contain robust protections for whistleblowers and robust processes and procedures that organisations in receipt of disclosable conduct submissions must follow. Any reform to those powers and those processes must be done with significant degrees of care and consideration given the consequences and the magnitude of the making of disclosable conduct.”Read the full speech in Hansard ↗
“The bill sits alongside the Secrecy Provisions Amendment (Sunsetting Provision) Bill 2026. That bill extends the sunset date for section 122.4 from 29 June 2026 to 29 December 2026. That is a short extension. It allows the parliament to consider the broader reforms before the existing provision sunsets. That is sensible. There is no point pulling down the temporary structure before the permanent one is ready, and anyone who has spent time on a worksite understands that sequencing matters. Parliament, occasionally, is no different.”Read the full speech in Hansard ↗
“I also want to acknowledge the Secrecy Provisions Amendment (Sunsetting Provision) Bill, the companion piece before us today. Section 122.4 of the Criminal Code currently 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 elsewhere in Commonwealth law. Without the sunsetting provision bill, that section will lapse before parliament has had the chance to fully consider the broader reforms in the repealing offences bill. This is sensible, responsible legislative management. The limited extension to 29 December 2026 ensures there is no gap in protections for sensitive Commonwealth information while parliament does its job properly. It would be neither prudent nor responsible to allow section 122.4 to sunset prematurely. This bill ensures that does not happen while making clear that the extension is interim. Parliament's task is to pass the repealing offences bill and complete the reform. I am confident we will be able to do exactly that.”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 supports the bill because its limited extension of the current secrecy offence will protect sensitive information while parliament considers broader reforms to Commonwealth secrecy laws.
“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
The supplied speech does not contain a substantive section about the sunsetting provision bill, so Rowland's position on it is unclear.
“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. Australia's secrecy laws are essential. Without them, sensitive information could be exposed in ways that could damage public trust in government, cause real harm to our national security or put lives at risk. But equally, transparency and accountability are vital features of our democracy. These comprehensive and considered reforms are about getting that balance right. I commend the bill to the House.”Read this contribution in Hansard ↗
“Question unresolved.”Read the full speech in Hansard ↗
2 speakers · 2 support
“The coalition supports this bill and will vote for its passage. We have long supported strong, proportionate protections for sensitive Commonwealth information. At the same time, we recognise the importance of ensuring secrecy laws are workable, proportionate and subject to proper parliamentary scrutiny. That's why the interim extension is necessary. It provides continuity, certainty and stability while the parliament completes consideration of the broader reforms. I thank the House.”Read the full speech in Hansard ↗
“The companion legislation before the House, the Secrecy Provisions Amendment (Sunsetting Provision) Bill 2026, is much narrower in scope but still important. Its purpose is to extend the operation of certain secrecy offences for a further six months, until 29 December 2026, while broader reforms are being implemented. Effectively, it acts as a transitional measure designed to prevent legal gaps or unintended consequences during this transitionary phase. Transitional arrangements are sometimes necessary in complex legislative reform, but Australians are entitled to ask why temporary extensions continue to be required instead of finalising a permanent framework more quickly.”Read the full speech in Hansard ↗
3 speakers · 3 unclear
“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. It's supportable not just because of what it does but also because of the way it reminds us of what the government isn't doing, which is why I move the amendment circulated in my name. I move:”Read the full speech in Hansard ↗
“I rise in support of the Secrecy Provisions Amendment (Repealing Offences) Bill 2026. This is some of the most significant reform to Commonwealth secrecy law in decades. It draws on two major reviews: the Attorney-General's Department Review of Secrecy Provisions completed in 2023 and the subsequent independent statutory review by the Independent National Security Legislation Monitor. I commend the government for acting on these findings.”Read the full speech in Hansard ↗
“I rise to support the Secrecy Provisions Amendment (Repealing Offences) Bill 2026. Repealing more than 300 unnecessary secrecy offences is long overdue, and I commend the government for acting on years of careful review by the Australian Law Reform Commission, the Attorney-General's Department and the Independent National Security Legislation Monitor, INSLM.”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 · 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 debate
Second reading debate
The bill reached this recorded parliamentary step.
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 · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
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 AssentFormal approval that makes a bill law., turning the bill into an Act.
Senate Standing Committee for the Scrutiny of Bills
Scrutiny Digest 6 of 2026
Considered by scrutiny committee (6 May 2026): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 6 of 2026
APH bill page notes