Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2024

High-Level Summary
The bill proposes to amend the Migration Act 1958 to require incoming travelers to Australia to disclose any organ transplants received overseas in the past five years and to enhance the character test to include offenses related to organ trafficking.

Summary
The Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2024 amends the Migration Act 1958 by introducing requirements for individuals entering Australia to declare any organ transplants received overseas within the last five years. This includes providing information on the location and medical facility where the transplant occurred. This data collection aims to monitor potential illegal organ transplants and human rights abuses. Additionally, the bill amends the character test in the Migration Act to allow the Minister to refuse or cancel a visa if there is reasonable suspicion of involvement in organ trafficking offenses. This change applies regardless of whether the conduct occurred before or after the bill's commencement. The bill also mandates annual reporting by the Minister on the information collected, which will be tabled in Parliament.

Argument For
Normative Bases
  1. Non-Discrimination
  2. Legal Principle

The bill should be supported as it aims to combat illegal and unethical practices, particularly organ trafficking, which often exploits vulnerable populations and violates human rights. By collecting data on organ transplants conducted overseas, Australia can better monitor and address potential abuses, aligning with international human rights obligations [Judgment]. The enhancement of the character test serves as a deterrent against individuals involved in organ trafficking from entering or remaining in Australia, thereby upholding Australia's commitment to human rights and legal principles [Judgment].


Argument Against
Normative Bases
  1. Pro-Democracy
  2. Value-Neutral / Epistemic Objection

One could argue against the bill on the grounds that it may infringe upon personal privacy and could lead to arbitrary visa cancellations based on suspicion rather than conviction. The requirement for travelers to disclose detailed medical information might be viewed as intrusive and not aligned with democratic values of privacy and personal autonomy [Judgment]. Additionally, the expanded character test could potentially be misused, leading to discrimination or unjust treatment of individuals who have not been legally convicted of any wrongdoing [Judgment].


Date:

2023-06-22

Status:

Not Proceeding

Sponsor:

SMITH, Sen Dean

Portfolio:

Unspecified

Categories:

Immigration, Discrimination / Human Rights, National Security

Timeline:
21/08/2024
21/08/2024

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