{"id":"F2023L01091","name":"Migration (Chemicals of Security Concern) Specification (LIN 23/053) 2023","slug":"migration-chemicals-of-security-concern-specification-lin-23-053-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104740,"registerId":"commonwealth-F2023L01091-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  (1) This instrument is the Migration (Chemicals of Security Concern) Specification (LIN 23/053) 2023.\n  (2) This instrument may also be cited as LIN 23/053.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences the day after registration.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subclauses 8551(2) and 8560(2) of Schedule 8 to the Regulations.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> CAS means the Chemical Abstracts Service, which is a division of the American Chemical Society.\n\n> Regulations means the Migration Regulations 1994.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeals","content":"#### 5 Repeals\n\n  Specification of Definition of Chemicals of Security Concern - IMMI 13/083 (F2013L01185) is repealed.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Chemicals of Security Concern","content":"#### 6 Chemicals of Security Concern\n\n  For subclauses 8551(2) and 8560(2) of Schedule 8 to the Regulations, a chemical mentioned in column 1 of an item in the table of the Schedule to this instrument, which corresponds to the CAS registry number mentioned in column 2 for that item, is a chemical of security concern.","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the earlier specification (IMMI 13/083) by repealing it (see section 5) and establishes a new operative Schedule that designates which chemicals are \"chemicals of security concern\" for subclauses 8551(2) and 8560(2) of Schedule 8 to the Migration Regulations 1994 (see section 6). The practical scope change is a change in the authoritative list of chemicals that trigger the referenced regulatory regime; the instrument itself achieves this by listing chemicals by CAS number in its Schedule."},"complexity_factors":["Short, narrowly focused instrument with limited operative text (name, commencement, authority, definitions, repeal, and linkage to a Schedule).","Relies on cross-reference to external provisions (subclauses 8551(2) and 8560(2) of Schedule 8 to the Migration Regulations 1994) for substantive effects.","Operative effect depends on a Schedule (table of chemicals and CAS numbers) that must be consulted to determine applicability.","Use of CAS registry numbers requires technical mapping from product names or mixtures to CAS numbers by affected parties.","Repeals a prior instrument, so practitioners must compare old and new Schedules to track changes."],"plain_english_summary":"This instrument formally lists certain chemicals as \"chemicals of security concern\" for the purposes of two clauses in the Migration Regulations 1994. Mechanically, it does the following:\n\n- Gives the instrument a name and citation (LIN 23/053) and states it takes effect the day after registration (see sections 1 and 2).\n- States the legal power used to make it — it is made under subclauses 8551(2) and 8560(2) of Schedule 8 to the Migration Regulations 1994 (see section 3).\n- Defines two terms used in the instrument: CAS (Chemical Abstracts Service) and Regulations (the Migration Regulations 1994) (see section 4).\n- Repeals the earlier specification titled \"Specification of Definition of Chemicals of Security Concern - IMMI 13/083\" (see section 5).\n- Declares that any chemical listed in the instrument’s Schedule, identified by its CAS registry number in column 2, is a \"chemical of security concern\" for the two cited subclauses of Schedule 8 to the Regulations (see section 6). The Schedule itself (the table of chemicals and CAS numbers) is the operative list that gives effect to the designation.\n\nWho decides and how this functions\n\n- The instrument-maker (an executive/regulatory authority acting under the Migration Regulations) determines which chemicals are classified by putting them in the Schedule (see section 3 and section 6).\n- Once a chemical appears in the Schedule and is identified by its CAS number, it is legally labelled a \"chemical of security concern\" for the two specified subclauses (see section 6).\n\nWho may be affected and where costs arise\n\n- The text does not itself state the legal consequences that flow from being a \"chemical of security concern\"; those consequences are set out in the Migration Regulations under subclauses 8551(2) and 8560(2). Therefore, persons, businesses or applicants who are subject to those subclauses (for example, in contexts governed by Schedule 8 of the Regulations) are the parties most likely to be affected (see sections 3 and 6).\n- Costs and compliance burdens fall on those who handle, import, possess or seek to rely on chemicals that end up in the Schedule to the extent that the referenced subclauses impose obligations, prohibitions, or information requirements. The instrument itself only changes the list; it does not, on its face, create or detail those downstream obligations (see section 6).\n\nImplementation, incentives and potential effects (mechanisms, not judgments)\n\n- Updating the Schedule changes which specific chemicals will trigger the legal regime in the cited subclauses; that can alter commercial decisions about which chemicals to source, trade, store or declare because the label is what triggers regulatory treatment (see section 6).\n- Repealing the prior specification (IMMI 13/083) replaces the prior list with this new Schedule, so entities that relied on the old list will need to check the new Schedule to understand whether the status of particular chemicals has changed (see section 5).\n- The instrument identifies chemicals by CAS registry number. That choice reduces ambiguity about chemical identity but requires users to map product names or mixtures to CAS numbers to determine applicability (see section 4 and section 6).\n- Administrative discretion exists at two points: (a) the authority to make the designation (delegated from the Migration Regulations) and (b) the content of the Schedule itself. The instrument centralises the decision about which chemicals are in scope into the Schedule prepared under that delegated power (see section 3 and section 6).\n\nWhat this instrument does not do, on its face\n\n- It does not enumerate the Schedule contents within the text provided here; it does not itself state penalties, prohibitions, licences or procedural steps—those will be found in the Migration Regulations and in the Schedule appended to this instrument (see section 6)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the exact same scope as its predecessor (IMMI 13/083 from 2013). It performs a straightforward legislative update—replacing an expired list with a current one—without expanding the regulatory framework or adding new categories of regulated persons. The authority (Schedule 8 to the Migration Regulations) and the basic mechanism (specifying chemicals by CAS number) remain unchanged."},"complexity_factors":["Very short instrument (6 sections, approximately 200 words)","Only 2 defined terms (CAS and Regulations)","Single operative provision (section 6) with straightforward 'if X then Y' logic","No nested exceptions or conditional clauses","Minimal cross-referencing (only to specific subclauses in Migration Regulations)","Repeal of single previous instrument is clean and unambiguous"],"plain_english_summary":"This is a technical update to Australia's migration rules that identifies which specific chemicals are considered 'chemicals of security concern' for visa and immigration purposes.\n\n**What it does:**\n- Replaces an older list of concerning chemicals (from 2013) with a new, updated list\n- Specifies exactly which chemicals trigger extra security checks for visa applicants\n- Uses CAS registry numbers (a universal chemical identification system) to avoid confusion about chemical names\n\n**Who it affects:**\n- People applying for certain Australian visas who work with or have access to these chemicals\n- Employers in industries like agriculture, pharmaceuticals, mining, and manufacturing who sponsor visa holders\n- The Department of Home Affairs staff processing visa applications\n\n**Why it matters:**\nAustralia screens visa applicants for security risks. If someone has legitimate access to chemicals that could be used to make explosives, weapons, or drugs, they face extra scrutiny. This instrument updates the 'watch list' of chemicals to reflect current security concerns and scientific understanding. The old list from 2013 is now obsolete.\n\n**How it works:**\nThe actual list of chemicals appears in a separate Schedule (table) attached to this instrument. Each chemical is identified by both its common name and its unique CAS number—like a fingerprint for chemicals—to prevent mix-ups."}},"importantCases":[],"_links":{"self":"/api/acts/migration-chemicals-of-security-concern-specification-lin-23-053-2023","history":"/api/acts/migration-chemicals-of-security-concern-specification-lin-23-053-2023/history","analysis":"/api/acts/migration-chemicals-of-security-concern-specification-lin-23-053-2023/analysis","conflicts":"/api/acts/migration-chemicals-of-security-concern-specification-lin-23-053-2023/conflicts","importantCases":"/api/acts/migration-chemicals-of-security-concern-specification-lin-23-053-2023/important-cases","documents":"/api/acts/migration-chemicals-of-security-concern-specification-lin-23-053-2023/documents"}}