Secrecy Provisions Amendment (Sunsetting Provision) Act 2026

Overview

The Secrecy Provisions Amendment (Sunsetting Provision) Act 2026, enacted by the Parliament of Australia, aims to address the issue of outdated secrecy provisions within the Criminal Code Act 1995. The legislation seeks to ensure that these provisions remain relevant and effective by amending specific subsections. The Act was assented to on 29 June 2026 and commenced on 30 June 2026. The policy objective, as outlined in the Minister’s speeches in both the House of Representatives and the Senate, is to update and sunset certain secrecy provisions to align with contemporary legal standards and practices. The Act amends the Criminal Code Act 1995 by adjusting the sunset date for certain provisions, thereby ensuring that the secrecy measures in place are periodically reviewed and updated as necessary.

Scope and Application

The Secrecy Provisions Amendment (Sunsetting Provision) Act 2026 applies to individuals and entities subject to the secrecy provisions under the Criminal Code Act 1995. These provisions typically apply to individuals who are or have been employed by the Commonwealth or its agencies, or those who have been entrusted with official information, and include any conduct or transactions that involve the unauthorised disclosure of such information. The Act has a national jurisdictional reach, affecting all persons and entities within Australia. It specifies a sunset provision that alters the expiry date of certain secrecy provisions from 29 June 2026 to 29 December 2026. The Act does not explicitly state exclusions or exemptions, but the scope of its application is limited to the amendments detailed within the Schedule of the Act. The provisions of this Act can be further detailed or extended through subordinate instruments, although the primary focus remains on the specified amendments to the Criminal Code Act 1995.

Key Provisions

The Secrecy Provisions Amendment (Sunsetting Provision) Act 2026 (the Act) is designed to amend the Criminal Code Act 1995 (Cth). Specifically, it alters the sunset date for certain secrecy provisions, extending it from 29 June 2026 to 29 December 2026. This amendment is outlined in Schedule 1, which targets subsection 122.4(3) of the Criminal Code (subsections (1) to (3)). This change ensures that the secrecy provisions will remain in force until the later date, providing additional time for consideration and review of these provisions. Under the Act, the primary obligation it imposes is on the Criminal Code Act 1995, specifically requiring it to reflect the amendment to the sunset date of certain secrecy provisions. This means that the secrecy provisions, which currently have a sunset date of 29 June 2026, will now sunset on 29 December 2026. This amendment is significant as it extends the duration for which these secrecy provisions will remain in effect, potentially impacting various stakeholders who must comply with these provisions during this extended period. For breaches of the secrecy provisions after the new sunset date of 29 December 2026, the Act stipulates potential criminal penalties. Under section 122.4(4) of the Criminal Code, any person who contravenes these secrecy provisions is liable to imprisonment for a term of up to 5 years. Additionally, individuals may face a fine of up to $300,000, while bodies corporate could be fined up to $1.5 million. These penalties underscore the seriousness of breaching the secrecy provisions and serve as a deterrent against non-compliance.