Australian Immigration Daily News

Summary of the Migration (Critical Technology—Types of Technology) Specification (LIN 24/010) 2024

Title of the Document The document is titled the Migration (Critical Technology—Types of Technology) Specification (LIN 24/010) 2024, hereafter referred to as "the Specification."

Effective Date The Specification becomes effective on the later of two dates: April 1, 2024, or the day following its registration on the Federal Register of Legislation.

Legal Authority It is established under the authority of subregulation 1.15Q(2) within Division 1.2 of Part 1 of the Migration Regulations.

Definitions Within the Specification, the term "Regulations" refers to the Migration Regulations 1994.

Identified Critical Technologies The Specification identifies seven technologies as critical:

• Advanced manufacturing and materials technology
• Artificial intelligence technology
• Advanced information and communication technology
• Biotechnology
• Clean energy generation and storage technology
• Quantum technology
• Autonomous systems, robotics, positioning, timing, and sensing technology

A detailed description of each technology type is provided for informational purposes.

Application to Visa Processes The Specification applies to visa applications submitted on or after its commencement date. It underpins the assessment of the risk of unwanted transfer of critical technology in relation to visa condition PIC 4003B and more broadly across the Migration Regulations.

For visa condition 8208, which involves restrictions on studying critical technology, the Specification applies only to activities commencing on or after its effective date. This ensures that there is no retroactive application of the Specification to actions taken before its commencement.

Regulatory Implications For regulation 2.43, related to visa cancellation on grounds of an unreasonable risk of unwanted technology transfer, the Specification applies to visas granted before, on, or after its commencement date, clarifying its non-retrospective application but ensuring its relevance to future considerations of visa cancellation on these grounds.

This summary highlights the Specification's structure, its application to visa processes, and the critical technologies it addresses, providing a clear overview of its contents and implications.

Source: LIN24010.pdf and LIN24010-explanatory-statement.pdf

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