{"id":"F2024L00182","name":"Migration (Critical Technology⸺Kinds of Technology) Specification (LIN 24/010) 2024","slug":"migration-critical-technology-kinds-of-technology-specification-lin-24-010-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442275,"registerId":"F2024L00182-fast-fetch-1775957333687","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Critical Technology⸺Kinds of Technology) Specification (LIN 24/010) 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nMigration (Critical Technology⸺Kinds of Technology) Specification (LIN 24/010) 2024\n\nI, Clare O’Neil, Minister for Home Affairs, make the following specification.\n\nDated 15 February 2024\n\nClare O’Neil\n\nMinister for Home Affairs\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Critical technology–specified kinds of technology\n\n6  Application\n\n\n\n\n1  Name\n\n  This instrument is the Migration (Critical Technology⸺Kinds of Technology) Specification (LIN 24/010) 2024.\n\n2  Commencement\n\n  This instrument commences on the later of:\n\n (a) 1 April 2024; and\n\n (b) the day after this instrument is registered on the Federal Register of Legislation.\n\n3  Authority\n\n  This instrument is made under subregulation 1.15Q(2) of the Migration Regulations 1994.\n\n4  Definitions\n\n  In this instrument:\n\nRegulations means the Migration Regulations 1994.\n\n\n5  Critical technology–specified kinds of technology\n\n  For the purposes of the definition of critical technology in regulation 1.03 of the Regulations, each kind of technology mentioned in column 1 of an item in the following table is specified.\n\n \n\n- Critical technology–specified kinds of technology\n- Item Column 1 Column 2\n- Kind of technology Description\n- 1. Advanced manufacturing and materials technology Technology that produces, forms, shapes or structures matter in forms with one or more definable properties, characteristics, qualities, or features, and the results thereof.\n- 2. Artificial intelligence technology Technology that relates to the performance of a sequence of operations to transform or convey information, including as part of, in response to, or in support of, agents exhibiting any degree of autonomous or intelligent behaviour.\n- 3. Advanced information and communication technology Technology that relates to advanced data analytics, advanced optical communications, advanced radiofrequency communications, high performance computing, protective cyber security technologies or virtual worlds.\n- 4. Biotechnology Technology that(a) characterises, measures, modifies or controls biological processes or organisms; or(b) seeks to characterise, measure, modify or control biological processes or organisms.\n- 5. Clean energy generation and storage technology Technology that is used to provide clean and renewable ways to capture, generate, store and use power.\n- 6. Quantum technology Technology that relates to or depends on quantum mechanical properties and effects.\n- 7. Autonomous systems, robotics, positioning, timing and sensing technology Technology that(a) detects, measures, or characterises the state of, or changes to, space-time or the electromagnetic spectrum; or(b) aids or is intended to aid the navigation of space-time or the electromagnetic spectrum; or(c) relates to advanced robotics, drones, satellites, and aerospace vehicles, operations and launch systems, including advanced aircraft engines, hypersonics, and autonomous systems operation technology; or (d) relates to the manufacture, performance, mechanics, or operations of naval nuclear propulsion systems, including the manufacture, storage and disposal of materials and systems for use in nuclear-powered vessels, and technology relating to small nuclear reactors.\n\n\nNote  The description (if any) of the technology in column 2 of an item in the table is for information only.\n\n6  Application\n\n (1) This instrument applies in relation to any application for a visa made on or after the day this instrument commences, including in relation to public interest criterion 4003B in Schedule 4 to the Regulations.\n\n (2) For the purposes of condition 8208 in Schedule 8 to the Regulations, where that condition is imposed on a visa, this instrument applies in relation to condition 8208 and conduct by the visa holder where the conduct:\n\n (a) is covered by condition 8208; and\n\n (b) first occurs on or after the day on which this instrument commences.\n\n (3) For the purposes of regulation 2.43 of the Regulations, and subclause 10802(2) of Schedule 13 to the Regulations, this instrument applies on or after the day on which this instrument commences, in relation to any visa granted before, on or after the day on which this instrument commences.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument formally specifies which 'kinds of technology' count as 'critical technology' for the Migration Regulations (s 5). By listing seven broad technology areas and applying that list to visa applications and certain visa conduct from commencement (s 6(1)-(3)), it alters how the Department identifies and assesses technology-related migration cases: decision-makers will use the new list when applying public interest criterion 4003B and condition 8208, and applicants face clarified—but broadly drafted—coverage."},"complexity_factors":["Cross-references to multiple Migration Regulations provisions, including regulation 1.03 (definition of critical technology), public interest criterion 4003B, and condition 8208 (s 5; s 6(1)-(2))","Broad, open-ended category descriptions (s 5, Column 2) that may require technical interpretation across varied industries","Explicit inclusion of sensitive and specialised technologies (e.g. naval nuclear propulsion, hypersonics) increasing assessment complexity (s 5, item 7)","Retroactive and forward application rules affecting visa applications and some conduct on visas granted before commencement (s 6(2)-(3))","Note that column 2 descriptions are 'for information only' (s 5 note), which may create legal uncertainty about precise boundaries","Potential overlap between categories (e.g. AI, advanced ICT, autonomous systems) increasing interpretive discretion for decision-makers"],"plain_english_summary":"**This specification lists the 'kinds of technology' that count as 'critical technology' under the Migration Regulations.** It names seven broad technology areas (AI; biotechnology; quantum; clean energy; advanced manufacturing and materials; advanced ICT; autonomous systems/robotics including naval nuclear propulsion) and applies to visa applications and certain visa‑holder conduct from commencement. Visa applicants may face additional screening or conditions; departmental decision‑makers use the list when applying public interest criterion 4003B and condition 8208, creating interpretive discretion and compliance obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function intended by its enabling provision (subregulation 1.15Q(2)): it specifies kinds of critical technology for the purposes of the Migration Regulations. It has not expanded beyond this narrow, technical purpose."},"complexity_factors":["Short instrument: only 6 operative sections plus definitions","Single purpose: merely specifies a list of technologies by reference to the Migration Regulations","Minimal cross-referencing: only references to regulations 1.03, 1.15Q(2), 2.43, Schedule 4 (PIC 4003B), Schedule 8 (condition 8208), and Schedule 13","No nested exceptions or conditional logic within the definitions themselves","Broad, descriptive definitions rather than technical specifications (e.g., 'technology that relates to...')","Application provisions are straightforward temporal rules (on or after commencement date)"],"plain_english_summary":"The Minister for Home Affairs has published a formal list of seven “critical technologies” that trigger extra national security and foreign‑interference checks for visa applicants. Work or study in any listed field lets officials apply stricter screening—especially public interest criterion 4003B—which can lead to refusals or cancellations.\n\nThis affects visa applicants from 1 April 2024 (and holders under condition 8208). It matters because the government is curbing technology transfer risks through the migration system."}},"importantCases":[],"_links":{"self":"/api/acts/migration-critical-technology-kinds-of-technology-specification-lin-24-010-2024","history":"/api/acts/migration-critical-technology-kinds-of-technology-specification-lin-24-010-2024/history","analysis":"/api/acts/migration-critical-technology-kinds-of-technology-specification-lin-24-010-2024/analysis","conflicts":"/api/acts/migration-critical-technology-kinds-of-technology-specification-lin-24-010-2024/conflicts","importantCases":"/api/acts/migration-critical-technology-kinds-of-technology-specification-lin-24-010-2024/important-cases","documents":"/api/acts/migration-critical-technology-kinds-of-technology-specification-lin-24-010-2024/documents"}}