1Purpose
The purpose of this Act is to require registered operators of zero and low emission vehicles to pay a charge for use of the vehicles on certain roads.
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Bill homepage (legislation.vic.gov.au)The purpose of this Act is to require registered operators of zero and low emission vehicles to pay a charge for use of the vehicles on certain roads.
This Act comes into operation on 1 July 2021.
In this Act—
additional information notice—see section 45;
authorised officer means an authorised officer appointed for the purposes of this Act under section 59;
business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;
current registration period, in relation to a ZLEV, means the current period for which the ZLEV is registered;
declaration means a declaration under section 10 or 11;
Department means Department of Transport;
electric vehicle means a motor vehicle that—
uses one or more electric motors for propulsion; and
is fuelled from an off-vehicle electrical power source, a battery or an electric generator; and
is not fitted with an internal combustion engine that provides—
propulsion; or
a fuel source for an electric propulsion system;
excluded vehicle means—
mobile plant; or
a motor cycle within the meaning of the Road Safety Act 1986; or
a heavy vehicle; or
a motor vehicle determined as an excluded vehicle, or a motor vehicle of a class determined as a class of excluded vehicles, under section 4;
heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Victoria);
hydrogen vehicle means a motor vehicle that—
uses one or more electric motors for propulsion; and
is fuelled from a hydrogen fuel cell; and
is not fitted with an internal combustion engine that provides—
propulsion; or
a fuel source for an electric propulsion system;
initial declaration means a declaration under section 10;
invoice means an invoice issued under section 18 or a revised invoice issued under section 20;
mobile plant means a motor vehicle, including a tractor, that—
is not a heavy vehicle; and
is not designed solely for carrying passengers; and
the carrying of a load in or on is incidental to the purpose for which the vehicle was constructed, except water in the case of concrete pumps and fire trucks; and
is not a tow truck within the meaning of the Accident Towing Services Act 2007;
motor vehicle has the same meaning as in section 3(1) of the Road Safety Act 1986;
notice of cancellation means a notice given under section 36;
notice of suspension means a notice given under section 29(1);
objection—see section 40 or 43;
objector means a registered operator who lodges an objection under section 40 or 43;
plug-in hybrid electric vehicle means a motor vehicle that—
uses one or more electric motors for propulsion; and
is fuelled from an off-vehicle electrical power source, a battery, a fuel cell or an electric generator; and
is fitted with an internal combustion engine that provides—
propulsion; or
a fuel source for an electric propulsion system;
registered, in relation to a ZLEV, means registered under Part 2 of the Road Safety Act 1986;
registered operator, in relation to a ZLEV that is or has been used on a specified road, means the person who is or was the registered operator (within the meaning of the Road Safety Act 1986) of the ZLEV when it is or was used on the road;
Secretary means Secretary to the Department;
specified road means—
a public road within the meaning of the Road Management Act 2004; or
a road related area within the meaning of the Road Safety Act 1986; or
a highway at common law in Victoria that is not a public road or road related area referred to in paragraph (a) or (b); or
a highway at common law outside Victoria; or
a road within the meaning of the Road Management Act 2004, other than a private road, prescribed by the regulations;
vehicle identifier has the same meaning as in section 3(1) of the Road Safety Act 1986;
ZLEV means any of the following that is not an excluded vehicle—
an electric vehicle;
a hydrogen vehicle;
a plug-in hybrid electric vehicle;
ZLEV charge means the charge imposed by section 7.
The Minister may determine either or both of the following—
a motor vehicle as an excluded vehicle;
a class of motor vehicles as a class of excluded vehicles.
The Minister must cause a determination under this section to be published in the Government Gazette.
A determination under this section takes effect on the day it is published in the Government Gazette or on a later day specified in it.
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
This Act applies within and outside Victoria to the full extent of the extraterritorial legislative power of the Parliament.
In particular, this Act extends to the use of ZLEVs outside Victoria.
The registered operator of a ZLEV must pay a charge for use of the ZLEV on specified roads.
The ZLEV charge is to be determined and paid in accordance with this Act and the regulations.
The rate of the ZLEV charge is—
for each kilometre travelled on specified roads during the financial year starting on 1 July 2021—
2.5 cents for a ZLEV that is an electric vehicle or hydrogen vehicle; or
2.0 cents for a ZLEV that is a plug-in hybrid electric vehicle; and
for each kilometre travelled on specified roads during any subsequent financial year, subject to subsection (2), the rate in paragraph (a) as varied under section 9.
If the Minister makes a determination under section 9(5) for a financial year, the rate for that financial year is the same rate that applied for the purposes of the previous financial year.
Unless the Minister makes a determination under subsection (5), the rate of the ZLEV charge in respect of a financial year after the 2021–22 financial year is to be varied in accordance with this section.
The rate of the ZLEV charge for a financial year is to be varied in accordance with the formula—
where—
CPIi is the all groups consumer price index for Melbourne in original terms for the last reference period in the preceding calendar year most recently published by the Australian Bureau of Statistics.
CPIii is the all groups consumer price index in original terms for Melbourne for the corresponding reference period one year earlier than the reference period referred to in CPIi most recently published by the Australian Bureau of Statistics;
PR is the rate of the ZLEV charge for the previous financial year;
R is the rate of the ZLEV charge for the financial year.
A calculation under subsection (2) is to be made to 4 decimal places but, for the purposes of the rate, is to be rounded to the nearest 0.1 cents per kilometre, with a calculation that ends in 5 being rounded up.
Example
If the calculation is 2.5634, the rate for the financial year would be 2.6 cents per kilometre. If the calculation is 2.7500, the rate for the financial year would be 2.8 cents per kilometre.
If a calculation under subsection (2) would have the effect of reducing the rate of the ZLEV charge for the purposes of a financial year—
the reduction does not take effect and the rate remains the same as for the previous financial year; and
when the rate is calculated under subsection (2) for the purposes of the next or a subsequent financial year—
PR is the rate that would have been the rate of the ZLEV charge for the previous financial year but for paragraph (a); and
if the rate as calculated would be less than the actual rate for the previous financial year, the rate of the ZLEV charge remains the same as for that financial year.
The Minister, after consulting the Treasurer, may determine, before the start of a financial year, that the rate of the ZLEV charge for that financial year is not to be varied under this section.
The Minister must cause notice of a determination under subsection (5), or notice specifying the rate of the ZLEV charge as varied under this section, to be published before the start of the financial year to which the determination or rate relates—
in the Government Gazette; and
on a website maintained by the Department.
Failure to publish notice under subsection (6) does not affect the validity of the determination or rate to which the notice relates.
The registered operator of a ZLEV must lodge an initial declaration with the Secretary within 14 days after—
1 July 2021 if the ZLEV is registered in the name of the registered operator as at that day; or
the later day on which the ZLEV is first registered or re-registered in the name of the registered operator in any other case.
The initial declaration must be in the form approved by the Secretary and must—
set out the odometer reading of the ZLEV as at the time the declaration is lodged; and
Note
It is an offence under section 38 of the Motor Car Traders Act 1986 to tamper with an odometer.
include evidence of that odometer reading; and
Note
This evidence must be retained by the registered operator for 5 years—see section 63.
include any other information required by the Secretary.
The regulations may prescribe the types of evidence for the purposes of subsection (2)(b).
Subject to subsection (2), the registered operator of a ZLEV must lodge a declaration in respect of the ZLEV on or before the earliest of—
if the Secretary gives the registered operator a notice under section 12, the day specified in the notice; or
14 days after the last day of the current registration period of the ZLEV; or
the day on which the ZLEV's registration is transferred to another person or cancelled.
If, under section 13, the Secretary extends the period for lodgement of a declaration, the registered operator must lodge the declaration by the end of the period as extended.
A declaration under this section must be in the form approved by the Secretary and must—
set out the odometer reading of the ZLEV as at the time the declaration is lodged or, if that is not available, a statement of the total distance travelled by the ZLEV since the previous declaration; and
Note
It is an offence under section 38 of the Motor Car Traders Act 1986 to tamper with an odometer.
set out the distance, if any, travelled by the ZLEV since the previous declaration that was not on specified roads; and
include evidence of the matters in paragraphs (a) and (b); and
Note
This evidence must be retained by the registered operator for 5 years—see section 63.
include any other information required by the Secretary.
The regulations may prescribe the types of evidence for the purposes of subsection (3)(c).
The Secretary, by written notice, may require the registered operator of a ZLEV to lodge a declaration with the Secretary on or before the day specified in the notice.
The day specified in a notice must be at least 14 days after the day the notice is given to the registered operator.
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