What are 'chemicals of security concern' and how could they affect my visa?

In Plain English

"Chemicals of security concern" are specific chemicals that the government believes could be misused for harmful activities, like terrorism. If you hold certain types of bridging visas (Subclass 050 or Subclass 070), you need the Minister's permission before you can work in a job that involves using or accessing these chemicals, or before you can even acquire them. The Minister decides which chemicals are considered "chemicals of security concern". If you work with or acquire these chemicals without permission, it could lead to your visa being cancelled.

Detailed Explanation

The term "chemicals of security concern" is defined within the context of the Migration Regulations 1994 and further specified by the Minister via legislative instruments. Specifically, subclause 8560(2) of Schedule 8 to the Migration Regulations 1994 states that "chemicals of security concern" means chemicals specified by the Minister in an instrument in writing for this definition.

Currently, the relevant instrument is the Migration (Chemicals of Security Concern) Specification (LIN 23/053) 2023. This instrument was created to replace a previous specification (IMMI 13/083) and maintains the same list of chemicals.

Visa conditions 8551 and 8560, which apply to Subclass 050 Bridging (General) visas and Subclass 070 Bridging (Removal Pending) visas respectively, impose restrictions on activities involving these chemicals. These conditions require the visa holder to obtain the Minister's approval before:

  • Taking up employment in an occupation that involves the use of, or access to, chemicals of security concern.
  • Acquiring chemicals of security concern.

The Migration (Chemicals of Security Concern) Specification (LIN 23/053) 2023 operates to allow the Minister to prevent visa holders working in occupations where there is a potential risk to security and to facilitate possible cancellation of the bridging visa if the visa holder takes up employment involving the use of or access to such chemicals, or acquires such chemicals without the Minister’s approval.

The Migration Regulations 1994 also notes that the Minister's instrument will refer to chemicals that have been identified by the Council of Australian Governments as chemicals of security concern. These chemicals may include:

  • Industrial chemicals, including chemicals used in the retail, pharmaceutical or pool and spa sectors, that could be diverted from their lawful use to other purposes such as terrorist-related activities.
  • Agricultural and veterinary chemicals that could be diverted from their lawful use to other purposes, including terrorist-related activities.

It is important to note that the provided context does not include the actual list of "chemicals of security concern" specified in Schedule 1 to the Migration (Chemicals of Security Concern) Specification (LIN 23/053) 2023. To determine if a specific chemical falls under this definition, you would need to consult the full instrument.