Migration Regulations 1994

For the purposes of subsection 46(2) of the Act:

the Electronic Travel Authority (Class UD) visa class is prescribed; and

an application for a visa of that class is taken to have been validly made in the circumstances set out in subregulation (1) or (2) of this regulation (despite anything in regulation 2.07 or 2.10).

An application made in accordance with subregulation (1) or (2) does not need to be made:

in the approved form mentioned in subitem 1208A(1) of Schedule 1; or

in the manner or at the place mentioned in paragraph 1208A(3)(a) of Schedule 1.

The visa application charge for an application for an Electronic Travel Authority (Class UD) visa is nil: see subitem 1208A(2) of Schedule 1.

An application for an Electronic Travel Authority (Class UD) visa that is made by the applicant while outside Australia is taken to have been validly made if the applicant, when seeking the grant of the visa, whether:

in person; or

by telephone; or

by written communication (including facsimile message or email); or

by electronic transmission using a computer; or

in any other manner approved in writing by the Minister;

a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia; or

an office (whether in or outside Australia) 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.

An application for an Electronic Travel Authority (Class UD) visa that is made by the applicant, in person, while in immigration clearance, is taken to have been validly made if:

the applicant presents to an officer an ETA‑eligible passport held by the applicant; and

after reasonable enquiries, the officer does not find that the applicant is the holder of a visa that is in effect; and

the applicant asks an officer for an Electronic Travel Authority (Class UD) visa.