Secrecy Provisions Amendment (Repealing Offences) Bill 2026 (Cth)

Submission Date: 22 May 2026

The Law Council of Australia provided a submission to the Senate Legal and Constitutional Affairs Legislation Committee (the Committee) for its inquiry into the Secrecy Provisions Amendment (Repealing Offences) Bill 2026 (Cth) (the Bill).

The Law Council welcomes the significant step under the Bill to remove redundant or unnecessary secrecy offences. While this submission raises concern with aspects of the Bill, the Law Council strongly commends the Attorney-General and the government for taking steps to repeal hundreds of existing non-disclosure offences, and introducing meaningful amendments that attempt to ensure that criminal offences are less complex, fit for purpose, and necessary.

The Law Council also welcomes the proposals in the Bill that would implement a number of recommendations from the Independent National Security Legislation Monitor’s Secrecy Offences: Review of Part 5.6 of the Criminal Code Act 1995.¹ In particular, the Law Council supports the proposed removal of administrative security classification markings from criminal offences, improvements to the definition of “dealing with” so that mere receipt or possession cannot form the basis of prosecution, and the repeal of “proper place of custody” offences.

The Law Council recognises that carefully targeted secrecy offences have an important role to play in protecting Australia’s national security and the integrity of information entrusted to the Commonwealth. Such laws are vital, where necessary and proportionate, to achieving that aim. The Law Council continues to welcome the careful consideration given across numerous reviews and government processes to investigating whether the existing secrecy framework is fit for purpose and consistent with expectations of transparency in government.

Federal secrecy offences continue to impose risks of prosecution on journalists, media organisations, and others outside of government who interact with information held by the Commonwealth. Ensuring the right balance between open government and secrecy is critical to the integrity of Australia’s democracy. To this end, we welcome changes that tighten definitions of key terms in offences, and the insertion of a requirement that the Attorney-General consent to proceedings against journalists and other employees of media businesses. While the Law Council would prefer to see clearer guidance for journalists and a clearer distinction between judicial and political processes, it accepts that a consent to prosecute requirement provides an additional, if imperfect, safeguard for freedom of the press.

This submission primarily focuses on amendments proposed in Schedules 1 and 3 to the Bill. In particular, the Law Council is concerned about the drafting of a new general secrecy offence at section 122.4 of the Criminal Code Act 1995 (Cth).

This submission provides suggestions aimed at ensuring that participants in a democracy are not subject to the risk of prosecution in situations that are not proportionate to their degree of involvement, that any obligations are sufficiently clear, and that consequences flowing from disclosure of information are appropriately serious. Likewise, the Law Council also offers suggestions to improve the operation of exceptions and defences as effective counterbalances that help ensure that disclosures that are legitimately in the public interest can be appropriately protected.

^{1 Jake Blight, Secrecy Offences: Review of Part 5.6 of the Criminal Code Act, Independent National Security Legislation Monitor (Report, 2024).}

Last Updated on 02/06/2026

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