Secrecy Provisions Amendment (Repealing Offences) Bill 2026 Explained

The short answer

Secrecy Provisions Amendment (Repealing Offences) Bill 2026 Explained

The Secrecy Provisions Amendment (Repealing Offences) Bill 2026 is a government bill introduced by the Attorney-General that overhauls Australia's framework of Commonwealth secrecy offences. It replaces the existing broad offence of unauthorised disclosure by Commonwealth officers with a new offence requiring proof of intent to obtain a benefit or cause detriment. It also removes criminal liability from secrecy offences across 17 Acts and 5 regulations, converting them to non-disclosure duties without criminal penalties. The bill requires the Attorney-General's consent to prosecute journalists or certain other persons for secrecy offences. As of July 2026, the bill has passed the House of Representatives and is before the Senate, having been referred to the Senate Legal and Constitutional Affairs Legislation Committee which reported on 19 June 2026. Key amendments proposed by crossbench MPs Andrew Wilkie, Allegra Spender and Kate Chaney were defeated in the House during consideration in detail. If passed, the bill would take effect on proclamation.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

What This Bill Proposes

The Secrecy Provisions Amendment (Repealing Offences) Bill 2026 is a comprehensive reform of Commonwealth secrecy laws. Its centrepiece is the replacement of the existing criminal offence under the Criminal Code Act 1995 relating to unauthorised disclosure of information by Commonwealth officers. The current offence — which broadly criminalises any unauthorised disclosure — would be replaced by a new, narrower offence that requires proof the officer intended to obtain a benefit or cause detriment to a Commonwealth entity or another person.

The bill also removes criminal liability from secrecy offences found across 17 Acts and 5 regulations, effectively converting those provisions into non-disclosure duties without criminal penalties. This means that while Commonwealth officers would still have a duty not to disclose certain information, breaching that duty would no longer automatically attract criminal prosecution.

A notable feature is the requirement for the Attorney-General's consent before prosecuting journalists or certain other persons for secrecy offences, unless otherwise prescribed by regulations. This is designed to provide a safeguard against the use of secrecy laws to target journalism in the public interest.

Evidence review

Which Laws Are Affected

The bill amends a large number of Commonwealth statutes. The Criminal Code Act 1995 receives the most significant changes, including the new harm-based offence and the journalist prosecution safeguard. Twelve other Acts receive consequential amendments to align their secrecy provisions with the new framework.

Seventeen Acts and five regulations have their secrecy offences and non-disclosure duties reviewed, with criminal liability being removed from those provisions. The Criminal Code Act 1995, Foreign Influence Transparency Scheme Act 2018 and Intelligence Services Act 2001 are amended to ensure that secrecy offences are proportionate and consistent with the rule of law, and to clarify the scope of existing offences, particularly as they apply to non-officials.

The Business Names Registration Act 2011 and Criminal Code Act 1995 also receive minor and technical amendments to secrecy provisions.

Evidence review

The New Offence: Intent to Obtain Benefit or Cause Detriment

Under current law, a Commonwealth officer who makes an unauthorised disclosure of information commits an offence regardless of their intent or the harm caused. The bill proposes to change this significantly. The new offence would only apply where the Commonwealth officer improperly uses or communicates information with the intention of obtaining a benefit or causing detriment to a Commonwealth entity or other person.

This 'harm-based' approach narrows the scope of criminal liability. A Commonwealth officer who discloses information without authorisation but without intent to cause harm — for example, where the disclosure was inadvertent or genuinely in the public interest — would not face criminal prosecution under the new provision. However, they may still face disciplinary or employment consequences under the non-disclosure duties that remain in place.

Evidence review

Protection for Journalists and Whistleblowers

The bill introduces a requirement that the Attorney-General must consent to the prosecution of journalists or certain other persons for secrecy offences, unless the regulations prescribe otherwise. This consent requirement acts as a filter — a political and legal safeguard designed to prevent prosecutions that are contrary to the public interest.

This provision responds to long-standing concerns that Australia's secrecy laws are overly broad and can be used to prosecute journalists who report on matters of public interest based on leaked government information. It does not, however, create a general public interest defence for journalists or whistleblowers — it only imposes a consent requirement on the prosecution decision.

Evidence review

Parliamentary Progress

The bill was introduced in the House of Representatives on 1 April 2026, with the second reading moved the same day. The second reading debate occurred over two sitting days — 12 and 13 May 2026 — after which the bill was referred to the Federation Chamber. It was reported from the Federation Chamber on 14 May 2026, and the House agreed to the second reading and the third reading on the same day.

During consideration in detail on 14 May 2026, three sets of amendments were moved by crossbench MPs. Andrew Wilkie MP moved a second reading amendment; Allegra Spender MP and Kate Chaney MP each moved detail-stage amendments. All three were put to divisions and defeated.

The bill was introduced in the Senate on 22 June 2026 and the second reading was moved the same day. It has been referred to the Senate Legal and Constitutional Affairs Legislation Committee, which reported on 19 June 2026. The bill is currently before the Senate.

Evidence review

Who Is Affected

The bill directly affects Commonwealth officers — the broad category of public servants, statutory office holders, ministerial staff and others who hold positions under Commonwealth law and have access to official information. It also affects journalists, media organisations and others who may receive or publish information that was originally subject to a secrecy provision.

Agencies and departments that administer Commonwealth secrecy provisions across the 17 Acts and 5 regulations being amended will need to review their internal policies and training. The bill also affects prosecutors, as the Attorney-General's consent requirement changes the threshold for bringing secrecy prosecutions against journalists.

Evidence review

What Happens Next

The bill must pass the Senate to become law. Given it is a government bill, it could attract support, but the committee referral and crossbench amendments in the House indicate further debate is expected to follow the committee report. If the Senate amends the bill, it would return to the House for consideration of those amendments.

If passed by both houses, the bill would proceed to Royal Assent and would commence on a date to be fixed by proclamation, or automatically after a set period. The removal of criminal liability from existing secrecy provisions would represent a significant shift in Australia's information security framework.

Common questions

Before you rely on the answer