Document ID: chunk:federal_register_of_legislation:C2013A00006:clause:1_38:p1
Version: federal_register_of_legislation:C2013A00006
Segment Type: clause
Provision Reference: sch 1 cl 38 (pt 1/4)
Character Range: 20316–23040

38  After section 271.7
Insert:

Subdivision BA—Organ trafficking

271.7A  Removal of organs contrary to this Subdivision
  The removal of a person's organ is contrary to this Subdivision if:
 (a) the removal, or entering into an agreement for the removal, would be contrary to the law of the State or Territory where it is, or is to be, carried out; or
 (b) neither the victim, nor the victim's guardian, consents to the removal, and it would not meet a medical or therapeutic need of the victim.

271.7B  Offence of organ trafficking—entry into and exit from Australia

Entry into Australia
 (1) A person (the offender) commits an offence of organ trafficking if:
 (a) the offender engages in conduct consisting of the organisation or facilitation of the entry or proposed entry, or the receipt, of another person (the victim) into Australia; and
 (b) the offender is reckless as to whether the conduct will result in the removal of an organ of the victim contrary to this Subdivision, by the offender or another person, after or in the course of that entry or receipt.
Penalty: Imprisonment for 12 years.
Note: For when the removal of an organ is contrary to this Subdivision, see section 271.7A.

Exit from Australia
 (2) A person (the offender) commits an offence of organ trafficking if:
 (a) the offender engages in conduct consisting of the organisation or facilitation of the exit or proposed exit of another person (the victim) from Australia; and
 (b) the offender is reckless as to whether the conduct will result in the removal of an organ of the victim contrary to this Subdivision, by the offender or another person, after or in the course of that exit.
Penalty: Imprisonment for 12 years.
Note: For when the removal of an organ is contrary to this Subdivision, see section 271.7A.

271.7C  Organ trafficking—aggravated offence
 (1) A person (the offender) commits an aggravated offence of organ trafficking if the offender commits an offence of organ trafficking in relation to another person (the victim) and any of the following applies:
 (a) the victim is under 18;
 (b) the offender commits the offence intending that an organ of the victim will be removed contrary to this Subdivision, either by the offender or another person:
 (i) if the offence of organ trafficking is an offence against subsection 271.7B(1)—after or in the course of entry into Australia; or
 (ii) if the offence of organ trafficking is an offence against subsection 271.7B(2)—after or in the course of exit from Australia;
 (c) the offender, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
 (d) the offender, in committing the offence:
 (i) engages in conduct that gives rise to a danger of