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ARTICLE · 03 SEPTEMBER 2026

The Draft Tranche 2 Privacy Act Reforms: What's There, What's New And What's Missing?

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Almost two years after a relatively modest set of Privacy Act reforms were passed in late 2024 (Tranche 1 Reforms) (more on these here), the Australian Government has released an exposure draft...

AustraliaPrivacy
Julian Lincoln
Julian Lincoln
Kaman Tsoi
Kaman Tsoi
Eloise L'Estrange
Eloise L'Estrange
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Almost two years after a relatively modest set of Privacy Act reforms were passed in late 2024 (Tranche 1 Reforms) (more on these here), the Australian Government has released an exposure draft of the more substantial Tranche 2 reforms, in the form of the Privacy Amendment (Personal Data Protection) Bill 2026 (Cth) (Draft Bill). The Draft Bill is accompanied by a consultation paper which seeks feedback on the practical operation and implementation of the Draft Bill, as well as other proposed measures under development (Paper). We have summarised key highlights from the Draft Bill and Paper below.

New reforms in the Draft Bill

The Draft Bill includes 41 proposed reforms, 30 of which were recommended reforms in the Attorney-General’s Department’s Privacy Act Review Report 2022 (Review Report) and 11 of which are new.

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