Overview

The Migration Regulations 1994, as amended by legislative instrument F2013L01185, aim to address the identification and regulation of chemicals of security concern. Enacted in 2013 by the Australian government, this instrument was developed to specify chemicals identified by the Council of Australian Governments, thereby enhancing national security measures. The policy objective is to ensure that non-citizens on a subclass 070 Bridging visa obtain ministerial approval before engaging in occupations involving such chemicals or acquiring them, thereby mitigating potential security risks. This legislative measure operates under the authority granted by the Migration Regulations 1994 and was implemented following consultation with relevant government departments to ensure accuracy and relevance in identifying chemicals of concern.

Scope and Application

The F2013L01185 instrument, made under the Migration Regulations 1994, specifies chemicals of security concern identified by the Council of Australian Governments, establishing criteria for these substances. This instrument applies to eligible non-citizens who hold a subclass 070 Bridging visa, requiring them to obtain ministerial approval before engaging in employment that involves chemicals of security concern or acquiring such chemicals. The regulation's purpose is to enhance security by controlling access to these substances, thereby mitigating potential risks associated with their misuse. The instrument's jurisdictional reach is aligned with the Commonwealth's legislative framework, ensuring a uniform approach across Australia. The instrument is exempt from disallowance and does not require a Human Rights Statement of Compatibility, as advised by the Office of Best Practice Regulation. This legislative measure commences on 1 July 2013 and operates to ensure that the specified chemicals are managed in a manner consistent with national security objectives.

Key Provisions

The key operative sections of this instrument (F2013L01185) are subclauses 8551(2) and 8560(2) of the Migration Regulations 1994, which define 'chemicals of security concern'. These chemicals are specified by the Minister in writing, as detailed in the explanatory statement. The instrument lists chemicals identified by the Council of Australian Governments as being of security concern. Eligible non-citizens holding a subclass 070 Bridging visa must obtain approval from the Minister before engaging in occupations that involve the use of, or access to, these specified chemicals, or before acquiring them. This requirement is designed to ensure that individuals with certain visa types are vetted and approved before they can handle or use chemicals that could pose a security risk. The obligations and requirements imposed by the Act on the parties it governs are straightforward yet critical. Eligible non-citizens with a subclass 070 Bridging visa must seek and receive explicit approval from the Minister before taking up employment involving chemicals of security concern or before acquiring such chemicals. This approval process ensures that only vetted individuals are allowed to handle these potentially hazardous substances, thereby safeguarding national security. Additionally, the Act mandates that the list of chemicals of security concern is to be specified by the Minister, based on recommendations from the Council of Australian Governments. The instrument also outlines the consequences for non-compliance. Breaching the requirement to obtain approval from the Minister before handling or acquiring chemicals of security concern can result in significant legal repercussions. Although specific penalties are not detailed in the explanatory statement, it is understood that such breaches may lead to civil or criminal penalties under broader migration and security laws. The seriousness of the security implications involved suggests that penalties could be substantial, reflecting the gravity of mishandling chemicals that are of national security concern. The Act's emphasis on approval and vetting underscores the importance of adhering to these provisions to avoid legal consequences.