The short answer
Migration Amendment (Overseas Organ Transplant Disclosure) Bill 2026: what it would require
The Migration Amendment (Overseas Organ Transplant Disclosure) Bill 2026 is a private senator's bill introduced in the Senate by Senator Dean Smith (Western Australia) on 20 August 2026. It would amend the Migration Act 1958 to place new reporting requirements on people entering Australia: an incoming passenger card question asking whether the traveller has received an organ transplant outside Australia within the last five years, and, if so, the name and location (country, town or city) of the medical facility where each transplant took place. The bill would also require the Minister to cause an annual report on the information provided to be prepared and tabled in each house of Parliament. As of 21 August 2026 the bill was before the Senate and had not been enacted.
This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.
The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.
Evidence review
What the bill would do
The bill would amend the Migration Act 1958 to require a person entering Australia to answer questions on their incoming passenger card about overseas organ transplants. Travellers would need to declare whether they have received an organ transplant outside Australia within the last five years.
Where a traveller has received one or more overseas organ transplants in that period, they would be required to provide the name of the medical facility and the place, being the country and the town or city, where each transplant took place.
The explanatory memorandum, circulated by authority of Senator Smith, says the measure is intended to improve the Australian Government's ability to collect reliable data about organ transplants in people entering Australia, providing information about the occurrence, scale and location of potential illegal and unethical organ transplants, assisting monitoring of potential human rights abuses and supporting work to combat organ trafficking.
Evidence review
Reporting obligations on the Minister
The bill would require the Minister to cause an annual report to be prepared on the information provided through the incoming passenger card questions, and to table the report in each house of Parliament.
The report would include the number of responses during the previous calendar year indicating that a person had received an organ transplant overseas within the last five years, and information on the towns or cities and countries identified in responses, including how many times each place was identified.
The explanatory memorandum says the report would not be required to identify the names of the medical facilities where organ transplants occurred.
Evidence review
How the questions would work in practice
The reporting requirement would operate through the incoming passenger card, the arrival declaration travellers complete when entering Australia. The bill would require a person entering Australia to answer the questions in the manner prescribed, according to the explanatory memorandum's outline of the amendments to the Migration Act.
The explanatory memorandum explains that the declaration would cover organ transplants received outside Australia within the five years before entry. Where a transplant occurred overseas, the traveller would need to identify the medical facility by name and by place, meaning the country and the town or city.
The bill's design relies on self-declaration at the border rather than on a new medical examination or data-matching system. The information collected would feed the annual report to Parliament described in the bill, rather than being used to make a decision about a visa application under the mechanisms the explanatory memorandum describes.
Evidence review
Policy background
The explanatory memorandum notes that there are currently no reporting requirements for arrivals entering Australia relating to organ transplants.
It cites Recommendation 2 of the 2018 report of the Joint Standing Committee on Foreign Affairs, Defence and Trade, 'Compassion, Not Commerce: An Inquiry into Human Organ Trafficking and Organ Transplant Tourism', which noted the importance of monitoring the transplantation practices of other countries.
The bill is a private senator's bill rather than a government bill, so its progress depends on the Senate and later the House of Representatives deciding to consider it. It has no stated financial impact in the explanatory memorandum's outline.
Evidence review
Parliamentary status
The bill was introduced in the Senate and read a first time on 20 August 2026, with the second reading moved the same day. It is sponsored by Senator Dean Smith and is a private bill, so it originated in the Senate rather than in the House of Representatives.
The Parliament of Australia bill page records its status as 'Before Senate' and lists no proposed amendments as circulated as of 21 August 2026.
As of 21 August 2026 the bill had not been enacted. It would need to pass the Senate and the House of Representatives and receive Royal Assent before any reporting requirements would apply.
Common questions
Before you rely on the answer
What would the Migration Amendment (Overseas Organ Transplant Disclosure) Bill 2026 do?
It would add questions to the incoming passenger card asking whether a traveller has received an organ transplant outside Australia within the last five years and, if so, the name and location of the medical facility for each transplant, and would require an annual report to Parliament on the information.
Who introduced the bill?
Senator Dean Smith of Western Australia, as a private senator's bill, in the Senate on 20 August 2026. It is not a government bill.
Why does the bill exist?
The explanatory memorandum says there are currently no reporting requirements for arrivals relating to organ transplants, and cites Recommendation 2 of the 2018 parliamentary inquiry into human organ trafficking and organ transplant tourism, which noted the importance of monitoring other countries' transplantation practices.
Would the annual report name medical facilities?
No. The bill as described in the explanatory memorandum would require the report to cover the number of relevant responses and the towns, cities and countries identified, but would not require it to identify the names of medical facilities.
Has the bill become law?
No. As of 21 August 2026 the bill was before the Senate with no amendments circulated. It must pass both houses and receive Royal Assent to become law.
Source spine
Primary material used for this guide
- Parliament of Australia — Bill homepage — checked 2026-08-21
- ParlInfo — Explanatory Memorandum, Migration Amendment (Overseas Organ Transplant Disclosure) Bill 2026 — official record — checked 2026-08-21
Review trigger: New bill introduced in the Senate on 20 August 2026 (create). Review when the second reading debate resumes or the bill is referred to a committee, when it passes either house, upon Royal Assent, or if the bill is amended.
Archive note: This article reviews the Migration Amendment (Overseas Organ Transplant Disclosure) Bill 2026 as introduced in the Senate on 20 August 2026, based on the Parliament of Australia bill page and the explanatory memorandum, checked on 21 August 2026. The bill is a proposal and has not been enacted. Organ transplant disclosure requirements are described as proposed by the bill, not as current law.
Primary links are provided without affiliate or tracking parameters. Confirm that the source still applies to the bill, sitting date, jurisdiction or reporting period before relying on it.