{"id":"F2023L01264","name":"Migration (Specification of eVisitor eligible passport) Instrument (LIN 23/064) 2023","slug":"migration-specification-of-evisitor-eligible-passport-instrument-lin-23-064-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104812,"registerId":"commonwealth-F2023L01264-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Specification of eVisitor eligible passport) Instrument (LIN 23/064) 2023","content":"![Commonwealth Coat of Arms](image.001.png)\n\nLIN 23/064\n\nMigration (Specification of eVisitor eligible passport) Instrument (LIN 23/064) 2023\n\nI, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, under regulation 1.11C of the Migration Regulations 1994 (the Regulations):\n\n(a) specify a valid passport of a kind mentioned in an item of the table in Schedule 1 as an eVisitor eligible passport; and\n\n(b) specify the conditions mentioned in an item of the table in Schedule 1 as conditions that must be satisfied for the passport in mentioned in the same item; and\n\n(c) repeal Migration Regulations 1994 – Specification of an eVisitor – Eligible Passports – IMMI 13/078 (F2013L01415).\n\nThis instrument commences on the day after registration.\n\nDated 13 September 2023\n\nThe Hon. Andrew Giles MP\n\nMinister for Immigration, Citizenship and Multicultural Affairs\n\n \n\nSchedule 1 eVisitor eligible passport\n\n| Item | Kind of Passport | Condition(s) |\n| ---- | ---------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | Andorra | Passport must indicate that applicant is a national of Andorra |\n| 2 | Austria | Passport must indicate that applicant is a national of Austria |\n| 3 | Belgium | Passport must indicate that applicant is a national of Belgium |\n| 4 | Bulgaria | Passport must indicate that applicant is a national of Bulgaria |\n| 5 | Croatia | Passport must indicate that applicant is a national of Croatia |\n| 6 | Cyprus | Passport must indicate that applicant is a national of Cyprus |\n| 7 | Czech Republic | Passport must indicate that applicant is a national of the Czech Republic |\n| 8 | Denmark | Passport must indicate that applicant is a national of Denmark |\n| 9 | Estonia | Passport must indicate that applicant is a national of Estonia |\n| 10 | Finland | Passport must indicate that applicant is a national of Finland |\n| 11 | France | Passport must indicate that applicant is a national of France |\n| 12 | Germany | Passport must indicate that applicant is a national of Germany |\n| 13 | Greece | Passport must indicate that applicant is a national of Greece |\n| 14 | Hungary | Passport must indicate that applicant is a national of Hungary |\n| 15 | Iceland | Passport must indicate that applicant is a national of Iceland |\n| 16 | Ireland | Passport must indicate that applicant is a national of Ireland |\n| 17 | Italy | Passport must indicate that applicant is a national of Italy |\n| 18 | Latvia | Passport must indicate that applicant is a national of Latvia |\n| 19 | Liechtenstein | Passport must indicate that applicant is a national of Liechtenstein |\n| 20 | Lithuania | Passport must indicate that applicant is a national of Lithuania |\n| 21 | Luxembourg | Passport must indicate that applicant is a national of Luxembourg |\n| 22 | Malta | Passport must indicate that applicant is a national of Malta |\n| 23 | Monaco | Passport must indicate that applicant is a national of Monaco |\n| 24 | Netherlands | Passport must indicate that applicant is a national of the Netherlands |\n| 25 | Norway | Passport must indicate that applicant is a national of Norway |\n| 26 | Poland | Passport must indicate that applicant is a national of Poland |\n| 27 | Portugal | Passport must indicate that applicant is a national of Portugal |\n| 28 | Romania | Passport must indicate that applicant is a national of Romania |\n| 29 | San Marino | Passport must indicate that applicant is a national of San Marino |\n| 30 | Slovakia | Passport must indicate that applicant is a national of Slovakia |\n| 31 | Slovenia | Passport must indicate that applicant is a national of Slovenia |\n| 32 | Spain | Passport must indicate that applicant is a national of Spain |\n| 33 | Sweden | Passport must indicate that applicant is a national of Sweden |\n| 34 | Switzerland | Passport must indicate that applicant is a national of Switzerland |\n| 35 | United Kingdom of Great Britain and Northern Ireland | Passport must indicate that applicant is a national of Britain (excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person and British Subject) |\n| 36 | Vatican City (Holy See) | Passport must indicate that applicant is a national of the Vatican City (Holy See) |","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains the original scope of specifying eligible passports for the eVisitor program. It performs a routine update by repealing the 2013 instrument and replacing it with current specifications, without expanding beyond the original purpose of passport eligibility determination."},"complexity_factors":["Single purpose instrument with straightforward tabular structure","Only one substantive condition per item (nationality verification)","Single exception/complexity in Item 35 regarding excluded British nationality categories","No cross-references to other legislation beyond the enabling regulation (1.11C)","No defined terms section","Minimal conditional logic (simple 'must indicate' requirement)"],"plain_english_summary":"This document is a legal instrument made by the Minister for Immigration that updates which passports are eligible for Australia's 'eVisitor' visa program.\n\n**What is an eVisitor?**\nAn eVisitor is a type of electronic visa that lets people from certain countries visit Australia for tourism or business purposes for up to three months at a time. It's free to apply for and is done online.\n\n**What does this instrument do?**\nIt specifies which passports qualify for the eVisitor program and what conditions apply. Essentially, it lists 36 countries/regions whose passport holders can apply for an eVisitor, provided their passport shows they are a national of that country.\n\n**Key details:**\n- **Most countries (Items 1-34, 36):** The passport must simply show the holder is a national of that country (e.g., Austria, France, Germany, etc.).\n- **United Kingdom (Item 35):** There's a specific restriction. While British passport holders generally qualify, certain types of British nationality are **excluded**:\n - British National (Overseas)\n - British Dependent Territories Citizen\n - British Overseas Citizen\n - British Protected Person\n - British Subject\n\n**Why does this matter?**\nIf you hold a passport from one of these 36 countries and want to visit Australia for a holiday or short business trip, this document confirms you can apply for an eVisitor visa online rather than needing a more expensive or complicated visa type.\n\n**What else?**\nThis instrument replaces an older version (IMMI 13/078 from 2013), updating the list of eligible passports."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier specification instrument IMMI 13/078 and replaces the specification of which passports are treated as eVisitor eligible (instrument, para (c); Schedule 1). The text does not itself describe how the new list differs from the repealed instrument, so specific changes in country coverage or conditions relative to the prior instrument are not stated in this document."},"complexity_factors":["Primary effect is an enumerated list: 36 passport kinds in Schedule 1 (simple structure).","Each item uses a single, uniform condition: passport must indicate the bearer is a national of the named country (Schedule 1, Items 1–36).","Legal basis is a single delegated power: regulation 1.11C of the Migration Regulations 1994 (instrument preamble).","One non‑standard specification: Item 35 (United Kingdom) includes explicit exclusions of several British categories, which requires attention when verifying UK passports (Schedule 1, Item 35).","Instrument repeals a prior specification (IMMI 13/078), so administrators must replace earlier guidance and ensure alignment (instrument, para (c)).","Operational complexity arises from documentary verification (confirming passport nationality statements), not from statutory text complexity (verification practice may require casework guidance)."],"plain_english_summary":"This instrument names the foreign passports (36 listed) that count as \"eVisitor eligible\" and requires each passport to state the bearer’s nationality for that treatment, with a specific exclusion for certain UK passport categories. It affects holders of those passports and officials who check them, and matters because it fixes a passport‑based test officials use to accept or refuse eVisitor eligibility; it also repeals the prior specification."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/migration-specification-of-evisitor-eligible-passport-instrument-lin-23-064-2023","history":"/api/acts/migration-specification-of-evisitor-eligible-passport-instrument-lin-23-064-2023/history","analysis":"/api/acts/migration-specification-of-evisitor-eligible-passport-instrument-lin-23-064-2023/analysis","conflicts":"/api/acts/migration-specification-of-evisitor-eligible-passport-instrument-lin-23-064-2023/conflicts","importantCases":"/api/acts/migration-specification-of-evisitor-eligible-passport-instrument-lin-23-064-2023/important-cases","documents":"/api/acts/migration-specification-of-evisitor-eligible-passport-instrument-lin-23-064-2023/documents"}}