FED Extension of the Deadline for Criminal Code Subsection 122.4(3)

Secrecy Provisions Amendment (Sunsetting Provision) 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:

The deadline in subsection 122.4(3) of the Criminal Code moves from 29 June 2026 to 29 December 2026.

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. The Secrecy Provisions Amendment (Sunsetting Provision) Bill extends the sunset date of section 122.4 of the Criminal Code until 29 December 2026. Section 122.”

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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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David Shoebridge GRN

“We’re here debating the Secrecy Provisions Amendment (Sunsetting Provision) Bill 2026 literally at midnight before the provisions expire, because Labor has again failed to meet the moment on secrecy reviews and on transparency. Labor have again failed to live up to the promise they made in 2022 that they would be at least marginally better than the Morrison government on secrecy and transparency.”

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Sean Bell PHON

“I rise in support of the Secrecy Provisions Amendment (Sunsetting Provision) Bill 2026. The bill makes a single technical amendment to the Criminal Code Act 1995. It extends the sunsetting date of section 122.4 by six months from 29 June 2026 to 29 December 2026. It does not expand, alter or restrict the existing operation of the provision in any way.”

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Nita Green ALP

“I thank senators for their contributions and their indication of support for this bill, the Secrecy Provisions Amendment (Sunsetting Provision) Bill 2026.”

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