February 20 2024:
Visa Changes to manage Critical Technologies
Australia is introducing laws to manage #cyberrisk and unwanted transfer of #criticaltechnologiesto secure Australia’s #nationalinterests of #economic prosperity, #socialcohesion, and #nationalsecurity.
Legislation has been passed to identify and manage the risk of unwanted transfer of critical technologies in certain visa programs, including student visa programs.
The laws commence on the later of: (a) 1 April 2024; and (b) the day after the instruments are registered
When in effect, the risk of unwanted transfer of critical technology will be considered as part of the standard visa assessment process, before a decision is made whether to grant a visa.
We anticipate that these laws will result in several legal challenges, including but not limited to the question: ‘What constitutes an “unreasonable risk?”‘ and/or ‘”What constitutes an “unwanted transfer”‘
The Migration (Designated Migration Law—Visa Condition 8208) Determination (LIN 24/009) 2024 and The Migration (Critical Technology⸺Kinds of Technology) Specification (LIN 24/010) 2024] operate to define ‘Critical Technologies’ and the application of new visa condition #8208 and Public Interest Criteria 4003B.
Critical Technologies as defined, includes:
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.
Artificial Intelligence technology (#ai)
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.
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.
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.
Clean energy generation and storage technology
Technology that is used to provide clean and renewable ways to capture, generate, store and use power
Quantum technology
Technology that relates to or depends on quantum mechanical properties and effects.
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.
The New Visa Condition 8208
Condition 8208 will be imposed on certain student visas, and provides as follows:
(1) The holder must not undertake critical technology-related study unless:
(a) the Minister is satisfied that there is not an #unreasonablerisk of an #unwantedtransfer of critical technology by the holder; and
(b) the Minister has approved in writing the holder undertaking that critical technology-related study.
…..
(3) In this clause:
critical technology-related study means:
(a) a #postgraduateresearch course within the meaning of clause 500.111 of Schedule 2 that relates to critical technology; or
(b) a bridging course required as a prerequisite to a course mentioned in paragraph (a); or
(c) a thesis or research topic that:
(i) is for a postgraduate research course within the meaning of clause 500.111 of Schedule 2; and
(ii) relates to critical technology.
Public Interest Criteria #4003B which will be part of a variety of visa assessments, states as follows:
PIC 4003B
Public Interest Critieria #4003B which will be part of a variety of visa assessments, states as follows:
“4003B The Minister has not determined that there is an unreasonable risk of an unwanted transfer of critical technology by the applicant.”
Contact us for assistance and advice.
#visalaws #australianvisa #workvisas #tech #AI #techindustries #technology #immigrationlaw #immigrationlawyers #ai #nationalsecurity #cyberlaws #cybersecurity
