This instrument is the Migration (Critical Technology⸺Kinds of Technology) Specification (LIN 24/010) 2024.

This instrument commences on the later of:

(a) 1 April 2024; and

(b) the day after this instrument is registered on the Federal Register of Legislation.

3 Authority

This instrument is made under subregulation 1.15Q(2) of the Migration Regulations 1994.

4 Definitions

In this instrument:

Regulations means the Migration Regulations 1994.

5 Critical technology–specified kinds of technology

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.

Critical technology–specified kinds of technology
Item	Column 1	Column 2
Item	Kind of technology	Description
	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.
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.
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.
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.
5.	Clean energy generation and storage technology	Technology that is used to provide clean and renewable ways to capture, generate, store and use power.
6.	Quantum technology	Technology that relates to or depends on quantum mechanical properties and effects.
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.

Note The description (if any) of the technology in column 2 of an item in the table is for information only.

6 Application

(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.

(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:

(a) is covered by condition 8208; and

(b) first occurs on or after the day on which this instrument commences.

(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.