Secrecy Provisions Amendment (Repealing Offences) Bill 2026
7 July 2026
The Law Council has been actively engaging with the Secrecy Provisions Amendment (Repealing Offences) Bill 2026 (Cth). This Bill proposes a range of amendments across Australia’s secrecy laws, including introducing a new general secrecy offence, repealing hundreds of existing non-disclosure offences and implementing recommendations of the Independent National Security Legislation Monitor.
On 22 May 2026, the Law Council made a submission to the Senate Legal and Constitutional Affairs Legislation Committee, commending the Government for introducing meaningful reforms to secrecy law in Australia.
Although we supported many of the reforms, the submission focused closely on our significant concerns about the proposed new general secrecy offence at section 122.4 of the Criminal Code Act 1995 (Cth). This provision would bring persons who provide unpaid services to the Commonwealth within a secrecy offence framework designed to cover the public service and contractors. Our submission argued that this proposal would unduly increase the risk of investigation or prosecution of persons involved in routine and ad hoc consultations on Commonwealth proposals.
The Law Council recommended a narrower definition of "services", materiality thresholds for "benefit" and "detriment", statutory guidance on the meaning of "improper", public interest exceptions, and a broader public interest disclosure exception extending beyond journalists. We submitted that participants in a democracy should not face a risk of prosecution that is disproportionate to their degree of involvement with government, particularly where the relevant obligations and potential liability are not transparently clear, and where the consequences of disclosure may not be sufficiently serious to warrant criminal sanction.
On 3 June 2026, the Law Council appeared at a public hearing of the Committee on a panel with the Australian Human Rights Commission and the Human Rights Law Centre, pressing these concerns while reiterating support for the balance of the Bill's reforms.
The Committee reported on 19 June 2026. While government members recommended that the Bill pass without amendment, the Law Council’s work was cited throughout the Committee’s report.
Following the publication of this report, the Bill awaits the resumption of debate and possible amendment in the Senate.
Last Updated on 08/07/2026