House Division 4 · 14 May 2026

Secrecy Provisions Amendment (Repealing Offences) Bill 2026 - Consideration in Detail - Safety net

Negatived 9 aye · 69 no

What this vote was about

The majority voted against an amendment introduced by Wentworth MP Allegra Spender (Independent), which means it failed.

Ms Spender explained that:

My amendment creates that safety net. It inserts a new subsection, 122.5(4AA), which provides that, where a defendant cannot satisfy every technical requirement of the PID Act's external or emergency disclosure pathway, they may still access the defence if they can demonstrate that their disclosure was reasonable and genuinely in the public interest, having regard to all circumstances. If someone makes a disclosure and does not fulfil the technical requirements but it cannot be proven they were completing this disclosure for a reasonable public good, they will still be held liable under the secrecy provisions. This is seeking to protect those who are sharing for the genuine public interest.

Amendment text

(1) Schedule 1, page 6 (after line 32), after item 8, insert:

8A After subsection 122.5(4) of the Criminal Code

Insert:

(4AA) Where a defendant seeks to rely on the defence at paragraph 122.5(4)(a), on the grounds that they have made an external or emergency disclosure in accordance with section 26 of the Public Interest Disclosure Act 2013, it is sufficient for the defendant to show:

(a) in the case of items 2 and 3 of the table in that section—all the further requirements set out in column 3 of the item are met; or

(b) the disclosure is otherwise reasonable and in the public interest, having regard to all of the circumstances.

Context written by They Vote For You volunteers (ODbL), reproduced unchanged.

Consideration in detail: Consideration in detail examines a bill part by part in the House. Divisions at this stage decide specific amendments to the bill's text.

Related bills

Secrecy Provisions Amendment (Repealing Offences) Bill 2026

By party

Party	Aye	No
Australian Labor Party	0	68
Independent	8	0
Australian Greens	1	0
Liberal–National Coalition	0	1

Every vote

AYE (9)

NO (69)

Divisions this sitting day

Every division the House held that day, in order; the one on this page is marked.

Division 1 Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 - Second Reading - Small business Negatived House 40–95
Division 2 Secrecy Provisions Amendment (Repealing Offences) Bill 2026 - Report from Federation Chamber - Journalism and whistleblowing Negatived House 10–71
Division 3 Secrecy Provisions Amendment (Repealing Offences) Bill 2026 - Consideration in Detail - Journalism, whistleblowing and independent review Negatived House 10–73
Division 4 Secrecy Provisions Amendment (Repealing Offences) Bill 2026 - Consideration in Detail - Safety net Negatived House 9–69
Division 5 Telecommunications Amendment (Enhancing Consumer Safeguards) Bill 2025 - Second Reading - Condemn Government + Provide information Negatived House 42–96