A Bill for an Act to amend the Migration Act 1958, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Act 2023.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| 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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Overseas organ transplant disclosure
Migration Act 1958
1 After section 166
Insert:
166A Information regarding overseas organ transplants
(1) The information that must be provided by a person entering Australia to a clearance authority under paragraph 166(1)(b) includes information in the form of answers to the following questions:
(a) “Have you received an organ transplant outside Australia within the last 5 years?”;
(b) if the answer to the question in paragraph (a) is affirmative—“For each organ transplant you received outside Australia within the last 5 years, what is the place (the country, and the town or city) of the medical facility at which you received the transplant?”;
(c) if the answer to the question in paragraph (a) is affirmative—“For each organ transplant you received outside Australia within the last 5 years, what is the name of the medical facility at which you received the transplant?”.
(2) The regulations must provide for the questions mentioned in subsection (1) to be included in the person’s passenger card (as referred to in regulations made for the purposes of section 166).
(3) The Minister must cause a report on the following to be prepared within one month after the end of each calendar year:
(a) the number of affirmative answers during the year to the question mentioned in paragraph (1)(a);
(b) information on the places of medical facilities specified in answers during the year to the question mentioned in paragraph (1)(b), including the number of times each place was specified.
(4) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 10 sitting days of that House after it is prepared.
Schedule 2—Organ trafficking
Migration Act 1958
1 After subparagraph 5C(1)(bc)(ii)
Insert:
(iia) an offence involving trafficking in human organs;
2 After subparagraph 501(6)(ba)(ii)
Insert:
(iia) an offence involving trafficking in human organs;
3 Application of amendments
(1) Subparagraph 5C(1)(bc)(iia) of the Migration Act 1958, as in force on and after the commencement of this item, applies for the purposes of subsection 336E(2) of that Act in relation to a disclosure of identifying information that is made on or after that commencement.
(2) Subparagraph 501(6)(ba)(iia) of the Migration Act 1958, as in force on and after the commencement of this item, applies to:
(a) a decision to grant or refuse to grant a visa, if:
(i) the application for the visa was made before that commencement and had not been finally determined as at that commencement; or
(ii) the application for the visa is made on or after that commencement; and
(b) a decision made on or after that commencement to cancel a visa.
(3) The provisions of the Migration Act 1958 mentioned in subitems (1) and (2) apply as mentioned in those subitems in relation to a person whether the conduct constituting an offence involving trafficking in human organs was engaged in before, on or after the commencement of this item.