Secrecy Provisions Amendment (Sunsetting Provision)

Current status

This bill became law on Jun 29th, 2026.

Policy area

Law, justice & rights

What does this bill do?

Commonwealth officers and contractors remain open to criminal charges if they unlawfully share government information.

Why was it introduced?

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.

Broader 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.

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.

Who supported it?

Hon Michelle Rowland MP introduced this bill. It passed on the voices.

Introduced in House 01 Apr 2026
Passed House 14 May 2026
Passed Senate 29 June 2026
Became law 29 June 2026

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

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Commonwealth officers and contractors remain open to criminal charges if they unlawfully share government information.

  2. People whose healthcare, personal or commercial information is held by government keep the existing criminal-law protection for six more months.

  3. Parliament receives six more months to consider wider changes to Commonwealth secrecy laws. The deadline moves from 29 June to 29 December 2026.

  4. Commonwealth officers and contractors are covered by the extension from the day after the law receives Royal AssentFormal approval that makes a bill law..

Show source excerpts
  1. 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. 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
  3. 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
  4. 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

Broader context for this bill

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.

  1. 2019

    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 ↗
  2. 21 Nov 2023

    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 ↗
  3. 01 Apr 2026

    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 ↗
  4. 29 June 2026

    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 ↗
  5. 29 June 2026

    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 ↗

How did it move through Parliament?

House Senate
Introduced 01 Apr 2026

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 01 Apr 2026

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Scrutiny of Bills review 06 May 2026

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 notes
Sent to Federation Chamber for debate 12 May 2026

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Second reading debate 13 May 2026

The bill reached this recorded parliamentary step.

House second reading agreed 13 May 2026

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

Returned from Federation Chamber 14 May 2026

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

House third reading agreed 14 May 2026

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 22 June 2026

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 22 June 2026

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 29 June 2026

The bill reached this recorded parliamentary step.

Senate second reading agreed 29 June 2026

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

Senate third reading agreed 29 June 2026

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 29 June 2026

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 29 June 2026

The Governor-General gave Royal AssentFormal approval that makes a bill law., turning the bill into an Act.

The main case against this bill

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.

Raised by Andrew Wallace, with Claire Clutterham separately stressing the need for careful reform and robust whistleblower protections Source ↗

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.

Passed

House passed the bill

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.

14 May 2026

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

Senate passed the bill

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.

29 June 2026

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.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Michelle Rowland

Australian Labor Party • MP 01 Apr 2026

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 ↗
Lead supporting voice Supports

Julian Leeser

Liberal Party • MP 12 May 2026

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 ↗
Lead non-major voice Unclear

Andrew Wilkie

Independent • MP 13 May 2026

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 ↗
Lead voice Supports

Tim Ayres

Australian Labor Party • Senator 22 June 2026

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

Labor

6 speakers · 7 contributions · 5 support · 1 unclear

  1. Claire Clutterham Claire Clutterham supports the bill, arguing that secrecy-law reform must preserve robust whistleblower protections and be undertaken with great care because of its significant consequences.
    “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.”

    Australian Labor Party • MP • 13 May 2026

    Read the full speech in Hansard ↗
  2. Tom French Tom French supports the six-month sunset extension because it gives parliament time to consider broader secrecy-law reforms before the existing provision expires.
    “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.”

    Australian Labor Party • MP • 13 May 2026

    Read the full speech in Hansard ↗
  3. Jo Briskey Briskey supports the bill as a sensible interim extension that prevents section 122.4The extended federal secrecy offence. from expiring before parliament completes broader secrecy-law reforms, while stressing that the extension lasts only until 29 December 2026.
    “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.”

    Australian Labor Party • MP • 13 May 2026

    Read the full speech in Hansard ↗
  4. Zaneta Mascarenhas Mascarenhas's position on the bill is unclear because the supplied text only records an unresolved procedural question and contains no substantive remarks from her.
    “Question unresolved.”

    Australian Labor Party • MP • 13 May 2026

    Read the full speech in Hansard ↗

Coalition

2 speakers · 2 support

  1. Andrew Wallace Wallace supports the bill as a necessary transitional measure to prevent gaps in secrecy laws while broader reforms take effect, but questions why the government has not finalised a permanent framework sooner.
    “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.”

    Liberal National Party • MP • 13 May 2026

    Read the full speech in Hansard ↗

Minor parties and independents

3 speakers · 3 unclear

  1. Allegra Spender Spender does not address the target bill; the supplied speech instead supports and proposes amendments to a different secrecy reform bill.
    “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.”

    Independent • MP • 13 May 2026

    Read the full speech in Hansard ↗
  2. Kate Chaney Chaney does not address the sunsetting bill in the supplied speech; her comments concern a different secrecy provisions bill, so her position is unclear.
    “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.”

    Independent • MP • 13 May 2026

    Read the full speech in Hansard ↗

Full record

Full chat