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Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2023

A Private Senator's Bill (Smith) for an Act to amend the Migration Act 1958, and for related purposes

This Bill amends the Migration Act to better inform the Commonwealth of Australia about persons entering Australia who have received an organ transplant. The Bill provides for questions about organ transplants to be added to the incoming passenger card for persons entering Australia. This Bill will help improve the Commonwealth’s ability to collect reliable data in relation to organ transplants on persons entering Australia. The Minister will be required to cause a report to be prepared and tabled in the Parliament regarding responses to these questions.

This Bill will also expand the character test to enable the Minister to decide to refuse to grant, or to cancel, a person’s visa if the Minister reasonably suspects the person has been involved in an offence involving trafficking in human organs. A person objectively failing the character test may be considered on a discretionary basis for visa refusal or cancellation on character grounds, regardless of whether there has been a conviction, or of any sentence imposed. The Bill also makes a consequential amendment to the definition of character concern in section 5C of the Migration Act.

Source: Migration-Amendment-Overseas-Organ-Transplant-Disclosure-and-Other-Measures-Bill.pdf

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