Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Hansard source

The many freedoms and rights that we enjoy in Australia bring a responsibility to lead and promote fair, open and democratic societies not just in our country but, indeed, around the world, because we are measured not just by the human rights and dignity that we afford to our own citizens but also by the human rights and the dignity of people beyond Australia's shores.

The erosion of human rights and the personal dignity of people is a precursor to authoritarian rule. It is also, unfortunately, a tool of authoritarian regimes. This bill is particularly important because, at this point in time, Australia is absent of a remedy, is silent, in supporting global efforts to better disrupt and, ideally, eliminate from the globe that most heinous of crimes which is illegal organ harvesting and trafficking.

This bill seeks to advance Australia's mission to uphold and enhance human rights both here and around the world and is crafted in such a way that it will be a practical and least intrusive tool to support global efforts in combating organ trafficking. The features of the bill derive primarily from inquiry and recommendations made in a report that has been before the parliament for many, many years. That report of the Joint Standing Committee on Foreign Affairs, Defence and Trade, called Compassion, not commerce: an inquiry into human organ trafficking and organ transplant tourism, was tabled in the parliament in 2018.

I thank Senator Ciccone and my coalition colleagues Senators McGrath, Scarr, Chandler and Cadell for their contributions, but I also understand the frustration that advocates have felt year upon year. Indeed, one of the first things I did when I came to this parliament was attend a meeting with other senators and members interested in this issue and interested in better supporting Australia's efforts to combat this most awful of crimes. Only now, 12 years later, is the parliament debating a bill. I understand the frustration of other parliamentarians, and I understand the frustration of advocates.

This is a good bill. It is a necessary bill. I'm pleased to say that, in the spirit of collaboration and collegiality, which is a hallmark of this particular Senate chamber, a number of refinements, as I would call them, have been suggested. I think the government's comment about the necessity of the character test is a valid one. It's actually incorporated in the committee's report. Senator Scarr's contribution, suggesting a statutory review mechanism, is a good one. When we finally come to vote on this bill, I suspect those refinements will be in the final bill, and it's my ambition that this bill be voted on in this Senate before Christmas.

Australians would be surprised to learn that this parliament has yet to legislate in a way that other like-minded nations are already legislating. Advocates and others in the community will know that the Canadian parliament, the House of Commons in the United Kingdom and parliamentarians around the world are already taking steps. I think it is important to note that for a long time people were disbelieving that this was actually happening in our world. I'm pleased to say, even though it's unfortunate, that I think there is less disbelief now and more realisation that this is happening on a scale that people would be horrified to know and to comprehend. This is a necessary bill. It is actually very timely, and the government's criticisms, which I would characterise as light and faint hearted, have all been dealt with in the committee report.

The time to act is now. I think it is worth reminding people that the United Nations themselves have publicly stated that this is real and that persecution happens to many, not just a few. It's important to also add that, at a private meeting at the beginning of this parliament, when I asked officials from the Department of Foreign Affairs and Trade what their attitude was to the United Nations special rapporteur's report on this crime, they said that there was credible evidence. So why, two years after that exchange between me and officials in the Department of Foreign Affairs and Trade, are we still absent of any real effort in our country to disrupt, to report and to collect information so that Australia's response can be stronger and better?

This is a necessary bill. It's time has absolutely come. I'm confident that many senators in this place—perhaps not all—will add their support to this bill. I will bring forward an amendment, proposed by Senator Scarr, to have a statutory review mechanism. I suspect other senators might ponder the necessity of the character test cancellation arrangements because they already exist in our migration laws.

To the many who have joined us in the Senate chamber today, to the many thousands across Australia who believe this is an important human rights issue and to the many, many people throughout the world who are suffering or who are at risk of suffering: you can have great confidence that this parliament will soon take an initiative that everyone can be proud of. As I stated, it is not good enough to just talk about human rights; it is important to act in order to uphold and sustain human rights. In the complexity of our global environment at the moment and all the danger that it presents, this is the right time and this is the right bill.

The government's criticisms, I think, are important to note. One particular criticism it makes is about the honesty of the Australian citizen returning to Australia. That point is neatly captured and rebutted in the Senate committee report authored by coalition senators. I also believe that, as our country moves towards the digitisation of the incoming passenger arrival card, the collection of data like this, which will be held confidentially, becomes easier, not harder. I'm someone who believes in the inherent honesty of Australian citizens, who willingly participate to protect our country, protect other people, by filling that passenger card out honestly.