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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Migration Amendment (Overseas Organ
Transplant Disclosure and Other
Measures) Bill 2023
No. , 2023
(Senator Dean Smith)
A Bill for an Act to amend the
Migration Act 1958
,
and for related purposes
No. , 2023
Migration Amendment (Overseas Organ Transplant Disclosure and
Other Measures) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Overseas organ transplant disclosure
3
Migration Act 1958
3
Schedule 2--Organ trafficking
5
Migration Act 1958
5
No. , 2023
Migration Amendment (Overseas Organ Transplant Disclosure and
Other Measures) Bill 2023
1
A Bill for an Act to amend the
Migration Act 1958
,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Migration Amendment (Overseas Organ Transplant
5
Disclosure and Other Measures) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Migration Amendment (Overseas Organ Transplant Disclosure and
Other Measures) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after the end of the period of 6
months beginning on the day this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Overseas organ transplant disclosure
Schedule 1
No. , 2023
Migration Amendment (Overseas Organ Transplant Disclosure and
Other Measures) Bill 2023
3
Schedule 1--Overseas organ transplant
1
disclosure
2
3
Migration Act 1958
4
1 After section 166
5
Insert:
6
166A Information regarding overseas organ transplants
7
(1) The information that must be provided by a person entering
8
Australia to a clearance authority under paragraph 166(1)(b)
9
includes information in the form of answers to the following
10
questions:
11
(a) "Have you received an organ transplant outside Australia
12
within the last 5 years?";
13
(b) if the answer to the question in paragraph (a) is affirmative--
14
"For each organ transplant you received outside Australia
15
within the last 5 years, what is the place (the country, and the
16
town or city) of the medical facility at which you received the
17
transplant?";
18
(c) if the answer to the question in paragraph (a) is affirmative--
19
"For each organ transplant you received outside Australia
20
within the last 5 years, what is the name of the medical
21
facility at which you received the transplant?".
22
(2) The regulations must provide for the questions mentioned in
23
subsection (1) to be included in the person's passenger card (as
24
referred to in regulations made for the purposes of section 166).
25
(3) The Minister must cause a report on the following to be prepared
26
within one month after the end of each calendar year:
27
(a) the number of affirmative answers during the year to the
28
question mentioned in paragraph (1)(a);
29
(b) information on the places of medical facilities specified in
30
answers during the year to the question mentioned in
31
paragraph (1)(b), including the number of times each place
32
was specified.
33
Schedule 1
Overseas organ transplant disclosure
4
Migration Amendment (Overseas Organ Transplant Disclosure and
Other Measures) Bill 2023
No. , 2023
(4) The Minister must cause a copy of the report to be tabled in each
1
House of the Parliament within 10 sitting days of that House after
2
it is prepared.
3
Organ trafficking
Schedule 2
No. , 2023
Migration Amendment (Overseas Organ Transplant Disclosure and
Other Measures) Bill 2023
5
Schedule 2--Organ trafficking
1
2
Migration Act 1958
3
1 After subparagraph 5C(1)(bc)(ii)
4
Insert:
5
(iia) an offence involving trafficking in human organs;
6
2 After subparagraph 501(6)(ba)(ii)
7
Insert:
8
(iia) an offence involving trafficking in human organs;
9
3 Application of amendments
10
(1)
Subparagraph 5C(1)(bc)(iia) of the
Migration Act 1958
, as in force on
11
and after the commencement of this item, applies for the purposes of
12
subsection 336E(2) of that Act in relation to a disclosure of identifying
13
information that is made on or after that commencement.
14
(2)
Subparagraph 501(6)(ba)(iia) of the
Migration Act 1958
, as in force on
15
and after the commencement of this item, applies to:
16
(a) a decision to grant or refuse to grant a visa, if:
17
(i) the application for the visa was made before that
18
commencement and had not been finally determined as
19
at that commencement; or
20
(ii) the application for the visa is made on or after that
21
commencement; and
22
(b) a decision made on or after that commencement to cancel a
23
visa.
24
(3)
The provisions of the
Migration Act 1958
mentioned in subitems (1)
25
and (2) apply as mentioned in those subitems in relation to a person
26
whether the conduct constituting an offence involving trafficking in
27
human organs was engaged in before, on or after the commencement of
28
this item.
29