Migration Regulations 1994
1 Item 1208A of Schedule 1
Repeal the item, substitute:
1208A Electronic Travel Authority (Class UD)
(1) Form: nil.
Note: An application for this visa must be made in a way set out in regulation 2.07AB.
(2) Visa application charge:
(a) First instalment (payable at the time the application is made): nil.
(b) Second instalment (payable before grant of visa): nil.
(a) An application may be made in or outside Australia.
(b) If an application is made in immigration clearance, the applicant must be in immigration clearance.
(c) If an application is made in Australia (except in immigration clearance), or outside Australia, the applicant must be outside Australia.
(d) An application made outside Australia must be made at:
(i) a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or
(ii) an office of an agent who is approved in writing by the Minister as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made.
(e) An application made in Australia must be made:
(i) in immigration clearance; or
(ii) at an office of an agent who is approved in writing by the Minister as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made.
(f) An applicant must hold an ETA-eligible passport.
Subclass 601 (Electronic Travel Authority)
2 After Part 600 of Schedule 2
Subclass 601 -- Electronic Travel Authority
601.1 -- Interpretation
Note 1: For business visitor activity and ETA-eligible passport : see regulation 1.03.
Note 2: There are no interpretation provisions specific to this Part.
601.2 -- Primary criteria
Note: The primary criteria for the grant of a Subclass 601 visa must be satisfied by all applicants.
All criteria must be satisfied at the time a decision is made on the application.
601.21 -- Criteria
The applicant holds an ETA-eligible passport.
The applicant genuinely intends to visit Australia temporarily:
(a) as a tourist; or
(b) to engage in a business visitor activity.
The applicant satisfies public interest criteria 4002, 4003, 4004, 4005, 4013, 4014 and 4020.
The applicant satisfies special return criteria 5001 and 5002.
601.3 -- Secondary criteria
Note: There are no secondary criteria for this Part. The primary criteria must be satisfied by all applicants.
601.4 -- Circumstances applicable to grant
If the application is made in immigration clearance, the applicant must be in immigration clearance at time of grant.
If the application is made outside Australia, the applicant must be outside Australia at time of grant.
601.5 -- When visa is in effect
Temporary visa permitting the holder:
(a) to travel to, and enter, Australia on multiple occasions within the shorter of:
(i) 12 months from the date of the grant of the visa; and
(ii) the life of the holder's passport; and
(b) to remain in Australia, after each entry, for 3 months.
Despite clause 601.511, if the applicant already holds a substantive visa (other than a Special Purpose visa or a Subclass 988 (Maritime Crew) visa) that is in effect at the time of grant, the Subclass 601 visa comes into effect when the other substantive visa ceases to be in effect.
Note: If the visa period of the Subclass 601 visa ends before the other substantive visa ceases, the Subclass 601 visa never comes into effect.
If the applicant already holds a substantive visa that is in effect at the date of grant and that substantive visa is cancelled, this visa is in effect for a period that ends when the other substantive visa is cancelled.
601.6 -- Conditions
Conditions 8115, 8201, 8527 and 8528 must be imposed.