National Health Amendment (Passive Immunological Products) Bill 2026

The majority voted in favour of a motion to agree with the remaining stages of the bill (parliamentary jargon for reading the bill a third time), meaning it will now be passed in the Senate. Since the bill has already passed in the House of Representatives, it now becomes law.

Rebellion

South Australian Senator Alex Antic (Liberal) crossed the floor to vote "No" against the rest of the Liberal Party.

What does this bill do?

According to the explanatory memorandum, which a document prepared by the Government (the party that introduced the bill):

The purpose of the National Health Amendment (Passive Immunological Products) Bill 2026 (the Bill) is to amend the definition of ‘vaccine’ in the National Health Act 1953 (the Act) to enable new and emerging technologies to be listed on the National Immunisation Program (the NIP).

The NIP provides free vaccines to eligible individuals in Australia to reduce the incidence and severity of vaccine-preventable diseases. It is an established collaborative program involving the Australian Government and state and territory governments.

The NIP relies on section 9B of the Act, which enables a vaccine to be specified as a ‘designated vaccine’ by legislative instrument. The legislative instrument can only specify vaccines if they are defined within the meaning of ‘vaccine’ under section 4 of the Act. There is no scope to designate another product that is not a vaccine as defined in the Act.

The current definition of ‘vaccine’ in the Act supports the technical meaning of ‘vaccine’ being a substance administered to elicit an immune response – that is a mode of active immunisation. Immunisation products that do not elicit an immune response and provide protection through passive immunological means are unable to be listed on the NIP.

The Bill will broaden the definition of ‘vaccine’ in the Act to enable new and emerging technologies to be listed on the NIP. This amendment will expand access to these necessary products, ensuring the NIP is flexible and fit-for-purpose in a rapidly evolving healthcare environment.