FED Prosecutors No Longer Need to Prove Benefit for Some Crimes

Secrecy Provisions Amendment (Repealing Offences) Bill 2026

House of Representatives

Senate

Assent

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Introduced by: The Hon Michelle Rowland MP (ALP)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Prosecutors no longer need to prove that a person gained a benefit when charging them with certain crimes under the Criminal Code.
The Director of the Defence Intelligence Organisation must publish the organisation's mandate.
The penalty for breaching section 7(1) of the Port Statistics Act 1977 is removed.
The definition of 'inherently harmful information' in the Criminal Code is narrowed by removing one of its categories.
Section 234 of the Commonwealth Functions (Statutes Review) Act 1981 is repealed.

The Debate

What different members said when this bill was debated:

Michelle Rowland ALP

“I move: That this bill be now read a second time. Secrecy provisions play a vital role in protecting the integrity and security of Commonwealth information. They safeguard sensitive national security and law enforcement material, protect personal and commercial information that is entrusted to government, and ensure that government can operate effectively in the public interest.”

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Julian Leeser LIB

“I rise to speak on the Secrecy Provisions Amendment (Repealing Offences) Bill 2026 and the Secrecy Provisions Amendment (Sunsetting Provision) Bill 2026. The repealing offences bill is a bill that reshapes where the criminal law ends and where civil liability begins in the protection of Commonwealth information. The coalition will not oppose this bill in the House.”

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Jo Briskey ALP

“It’s a privilege to make my contribution to the debate on these two bills, the Secrecy Provisions Amendment (Repealing Offences) Bill 2026 and the Secrecy Provisions Amendment (Sunsetting Provision) Bill 2026.”

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Andrew Wallace LNP

“The Secrecy Provisions Amendment (Repealing Offences) Bill 2026 and the Secrecy Provisions Amendment (Sunsetting Provision) Bill 2026 deal with an issue that sits right at the heart of responsible government and democratic accountability in this country. They are about how we protect sensitive information, uphold national security, preserve public trust and maintain confidence in our institutions.”

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Tom French ALP

“I rise in support of the Secrecy Provisions Amendment (Repealing Offences) Bill 2026 and the associated bill. The main bill is not the sort of bill likely to dominate the evening news. It is, however, the sort of bill that matters if we want Commonwealth law to be clear, proportionate and capable of being understood by the people who have to comply with it.”

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Andrew Wilkie IND

“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.”

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Claire Clutterham ALP

“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.”

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Kate Chaney IND

“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.”

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Allegra Spender IND

“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.”

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Tim Ayres ALP

“I table revised explanatory memoranda relating to the Coal Mining Industry (Long Service Leave) Legislation Amendment Bill 2026 and the Treasury Laws Amendment (Delivering an Efficient and Trusted Tax System) Bill 2026. I move: That these bills be now read a second time. I seek leave to have the second reading speeches incorporated in Hansard. Leave granted.”

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