{"id":"nsw:act-2021-025","name":"Electric Vehicles (Revenue Arrangements) Act 2021","slug":"electric-vehicles-revenue-arrangements-act-2021","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"25 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29009,"registerId":"nsw-act-2021-025-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Electric Vehicles (Revenue Arrangements) Act 2021](/view/html/inforce/current/act-2021-025).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"#### 3 Object of Act\n\n3 Object of Act\n\n> The object of this Act is to establish a system of distance-related road user charges for persons who use certain zero and low emissions vehicles.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> The Dictionary in Schedule 1 defines terms used in this Act.\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) also contains definitions and other provisions that affect the interpretation and application of this Act.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act binds Crown","content":"#### 5 Act binds Crown\n\n5 Act binds Crown\n\n> This Act binds the Crown.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Extraterritorial operation of Act","content":"#### 6 Extraterritorial operation of Act\n\n6 Extraterritorial operation of Act\n\n> This Act is intended to have extraterritorial application as far as the legislative powers of the State permit, including in relation to zero or low emissions vehicles registered in New South Wales that travel on roads in other States or Territories.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Parliament’s intention","content":"#### 7 Parliament’s intention\n\n7 Parliament’s intention\n\n> It is Parliament’s intention that the total amount of revenue collected under this Act from road user charges be paid into the Consolidated Fund.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Motor vehicles that are excluded from the application of Act","content":"#### 8 Motor vehicles that are excluded from the application of Act\n\n8 Motor vehicles that are excluded from the application of Act\n\n> Each of the following is an excluded motor vehicle for the purposes of this Act—\n> \n> > (a) a motor vehicle that is not required to be registered in New South Wales,\n> \n> > (b) a heavy vehicle,\n> \n> > (c) a motor vehicle that is of a type, or used for a purpose, prescribed by the regulations for this section.","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Road user charges","content":"# Part 2 Road user charges\n\nPart 2 Road user charges","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Liability for and calculation of road user charges","content":"## Division 1 Liability for and calculation of road user charges\n\nDivision 1 Liability for and calculation of road user charges","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Road user charges payable in relation to certain zero or low emissions vehicles","content":"#### 9 Road user charges payable in relation to certain zero or low emissions vehicles\n\n9 Road user charges payable in relation to certain zero or low emissions vehicles\n\n> > (1) A road user charge is payable in relation to the following zero or low emissions vehicles—\n> > \n> > > (a) a zero or low emissions vehicle that—\n> > > \n> > > > (i) is registered for the first time on or after the relevant date, or\n> > > \n> > > > (ii) after the relevant date, is registered in the name of a person that differs from the person in whose name the vehicle was registered before the relevant date,\n> > \n> > > (b) a zero or low emissions vehicle—\n> > > \n> > > > (i) that is registered for the first time before 1 January 2024, and\n> > > \n> > > > (ii) in relation to which duty was not paid under the [Duties Act 1997](/view/html/inforce/current/act-1997-123), Chapter 9 because of the operation of repealed section 270D.\n> \n> > (2) In this section—\n> > \n> > repealed section 270D means the [Duties Act 1997](/view/html/inforce/current/act-1997-123), section 270D as in force before its repeal by the [Treasury and Revenue Legislation Amendment Act 2023](/view/pdf/asmade/act-2023-26).\n> \n> **s 9:** Am 2023 No 26, Sch 2.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Registered operators liable for road user charges","content":"#### 10 Registered operators liable for road user charges\n\n10 Registered operators liable for road user charges\n\n> The registered operator for a relevant zero or low emissions vehicle is liable for a road user charge payable in relation to the vehicle.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Circumstances in which road user charges payable","content":"#### 11 Circumstances in which road user charges payable\n\n11 Circumstances in which road user charges payable\n\n> > (1) A road user charge is payable for each kilometre for which a relevant zero or low emissions vehicle travels on a public place.\n> \n> > (2) To avoid doubt, a road user charge is not payable for travel by a relevant zero or low emissions vehicle on private land.\n> \n> > (3) For the purposes of subsection (1), the road user charge is payable in relation to each kilometre for which a relevant zero or low emissions vehicle travels regardless of whether the land on which it travels—\n> > \n> > > (a) is a road or another place, or\n> > \n> > > (b) is in New South Wales or another State or Territory.\n> \n> > (4) The regulations may provide that kilometres travelled on the following are not kilometres for which a road user charge is payable—\n> > \n> > > (a) a specified road or specified place,\n> > \n> > > (b) a type of road or a type of place.\n> \n> > (5) In this section—\n> > \n> > public place includes—\n> > \n> > > (a) a road, or road related area, within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), and\n> > \n> > > (b) another place—\n> > > \n> > > > (i) the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money, or\n> > > \n> > > > (ii) the occupier of which allows, whether or not on payment of money, members of the public to enter.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Calculation of indexed amount","content":"#### 12 Calculation of indexed amount\n\n12 Calculation of indexed amount\n\n> > (1) The indexed amount for the 2021–22 financial year is 2.500 cents per kilometre.\n> \n> > (2) For a financial year after the 2021–22 financial year, the indexed amount is calculated using the following formula—\n> > \n> > ![](/image/((Type%3D%22act%22)%20AND%20(No%3D025)%20AND%20(Year%3D2021)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)  \n> > where—\n> > \n> > A is the indexed amount for the financial year.\n> > \n> > AP is the indexed amount for the previous financial year.\n> > \n> > CPI is the Sydney All Groups CPI for the financial year.\n> > \n> > CPIP is the Sydney All Groups CPI for the previous financial year.\n> \n> > (3) The indexed amount is to be rounded to 3 decimal places.\n> \n> > (4) In this section—\n> > \n> > Sydney All Groups CPI, for a financial year, means the Sydney All Groups Consumer Price Index Number in original terms for the most recent quarter, published before the start of the financial year by the Australian Bureau of Statistics.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Road user charge rate","content":"#### 13 Road user charge rate\n\n13 Road user charge rate\n\n> > (1) The road user charge rate for a financial year is—\n> > \n> > > (a) for a battery electric vehicle or hydrogen fuel cell electric vehicle—the indexed amount for the financial year, and\n> > \n> > > (b) for a plug-in hybrid electric vehicle—80% of the indexed amount for the financial year.\n> \n> > (2) The amount calculated under subsection (1)(b) is to be rounded to 3 decimal places.\n> \n> > (3) However, if the road user charge rate for a financial year (the current financial year) for a relevant zero or low emissions vehicle would be less than the road user charge rate for the previous financial year, the road user charge rate for the current financial year is the rate for the previous financial year.\n> \n> > (4) Transport for NSW must, before the start of each financial year, publish on a Government website a notice stating the road user charge rate for the financial year.\n> \n> > (5) However, failure to comply with subsection (4) does not affect the validity of a road user charge.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Road user charge","content":"#### 14 Road user charge\n\n14 Road user charge\n\n> > (1) For a relevant zero or low emissions vehicle, the road user charge for a period is the road user charge rate multiplied by the number of kilometres travelled by the vehicle on public land in the period.\n> \n> > (2) For the purposes of subsection (1), the number of kilometres travelled by a relevant zero or low emissions vehicle in a period is to be calculated by—\n> > \n> > > (a) taking the difference between the odometer of the vehicle at the start of the period and the end of the period, and\n> > \n> > > (b) reducing the number of kilometres measured under paragraph (a) by deducting—\n> > > \n> > > > (i) any kilometres Transport for NSW is satisfied have been travelled on private land, and\n> > > \n> > > > (ii) any other kilometres prescribed by the regulations.\n> \n> > (3) The number of kilometres travelled by a zero or low emissions vehicle in a period is to be rounded down to the nearest kilometre.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Odometer readings not available","content":"#### 15 Odometer readings not available\n\n15 Odometer readings not available\n\n> > (1) This section applies if a registered operator of a relevant zero or low emissions vehicle is not able to provide an odometer reading for the vehicle for a period.\n> \n> > (2) The registered operator must provide an estimate of the number of kilometres travelled by the zero or low emissions vehicle during the period.\n> \n> > (3) For the purposes of subsection (2), the estimate is to be calculated in a way Transport for New South Wales considers reasonable in the circumstances.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Payment of road user charges","content":"#### 16 Payment of road user charges\n\n16 Payment of road user charges\n\n> The registered operator of a relevant zero or low emissions vehicle must pay the road user charges payable in relation to the vehicle by—\n> \n> > (a) paying the road user charge for the number of kilometres to be travelled by the vehicle before the vehicle travels the kilometres (the pre-paid option), or\n> \n> > (b) if the regulations provide that registered operators of relevant zero or low emissions vehicles may pay road user charges for the number of kilometres travelled by the vehicle after the travel (the post-paid option)—by paying the road user charge for the number of kilometres travelled by the vehicle after the kilometres are travelled.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Pre-paid option for payment of road user charges","content":"#### 17 Pre-paid option for payment of road user charges\n\n17 Pre-paid option for payment of road user charges\n\n> > (1) This section applies if the registered operator of a relevant zero or low emissions vehicle is paying the road user charges payable in relation to the vehicle by the pre-paid option.\n> \n> > (2) The registered operator must pay to Transport for NSW the road user charge—\n> > \n> > > (a) for each 1,000 kilometres the relevant zero or low emissions vehicle travels before the vehicle travels the kilometres, or\n> > \n> > > (b) otherwise in accordance with the regulations.\n> \n> > (3) To avoid doubt, for the purposes of subsection (2)(a), the registered operator of a relevant zero or low emissions vehicle may pay the road user charge for any multiple of 1,000 kilometres the vehicle will travel.\n> \n> > (4) Before the registered operator of a relevant zero or low emissions vehicle may pay road user charges under the pre-paid option, the registered operator must give Transport for NSW a current odometer reading for the vehicle.\n> \n> > (5) For the purposes of subsection (4), a registered operator of a relevant zero or low emissions vehicle must give the odometer reading in the way approved by Transport for NSW.\n> \n> > (6) At least one of the ways in which an odometer reading may be given under subsection (5) must be by using a device or system that does not transmit information to Transport for NSW without the intervention of the registered operator of the vehicle or another person.\n> \n> > (7) A registered operator of a relevant zero or low emissions vehicle who is using the pre-paid option to pay the road user charges payable in relation to the vehicle must ensure the vehicle does not travel a number of kilometres that is more than the number of kilometres for which the road user charge for the vehicle has been paid, unless the operator has a reasonable excuse.\n> \n> > (8) The regulations may provide—\n> > \n> > > (a) that a person who contravenes subsection (7) commits an offence against the subsection, and\n> > \n> > > (b) for a maximum penalty for the offence of not more than—\n> > > \n> > > > (i) 20 penalty units for an individual, and\n> > > \n> > > > (ii) 100 penalty units for a body corporate.\n> \n> > (9) Despite subsection (7), a registered operator of a relevant zero or low emissions vehicle does not commit an offence under subsection (7) if the operator—\n> > \n> > > (a) travels no more than 500 kilometres more than the number of kilometres for which the road user charge for the vehicle has been paid, and\n> > \n> > > (b) pays the road user charges for the additional kilometres within 21 days after the operator is given written notice by Transport for NSW that the charges are payable.\n> \n> > (10) For the purposes of subsection (7), a reasonable excuse includes, but is not limited to, an excuse prescribed by the regulations.\n> \n> > (11) Without limiting subsection (10), the regulations may provide—\n> > \n> > > (a) that a reasonable excuse may include financial hardship, and\n> > \n> > > (b) for the circumstances or criteria that constitute financial hardship, and\n> > \n> > > (c) for conditions that apply to a reasonable excuse of financial hardship.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Post-paid option for payment of road user charges","content":"#### 18 Post-paid option for payment of road user charges\n\n18 Post-paid option for payment of road user charges\n\n> > (1) This section applies if the registered operator of a relevant zero or low emissions vehicle is paying the road user charges payable in relation to the vehicle by the post-paid option.\n> \n> > (2) The registered operator of the relevant zero or low emissions vehicle may pay the road user charges in relation to the vehicle by the post-paid option only if the operator has, before travelling the number of kilometres for which the charges are payable, notified Transport for NSW the operator has elected to use the post-paid option to pay the charges.\n> \n> > (3) A registered operator of a relevant zero or low emissions vehicle who is using the post-paid option to pay the road user charge payable in relation to the vehicle must give Transport for NSW a current odometer reading for the vehicle at the intervals prescribed by the regulations.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—20 penalty units, and\n> > \n> > > (b) for a body corporate—100 penalty units.","sortOrder":20},{"sectionNumber":"Division 2","sectionType":"division","heading":"Administration","content":"## Division 2 Administration\n\nDivision 2 Administration","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"When number of kilometres travelled by relevant zero or low emissions vehicles must be reported","content":"#### 19 When number of kilometres travelled by relevant zero or low emissions vehicles must be reported\n\n19 When number of kilometres travelled by relevant zero or low emissions vehicles must be reported\n\n> An odometer reading for a relevant zero or low emissions vehicle must be given to Transport for NSW, in the way approved by Transport for NSW—\n> \n> > (a) at the time the vehicle is registered or registration is renewed, by the person applying for registration or renewal of registration, and\n> \n> > (b) when the vehicle is sold or otherwise disposed of, by the person selling or otherwise disposing of the vehicle within the period prescribed by the regulations, and\n> \n> > (c) when otherwise prescribed by the regulations.\n> \n> Maximum penalty—\n> \n> > (a) for an individual—20 penalty units, and\n> \n> > (b) for a body corporate—100 penalty units.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Sale or other disposal of vehicles","content":"#### 20 Sale or other disposal of vehicles\n\n20 Sale or other disposal of vehicles\n\n> > (1) This section applies if a person selling or otherwise disposing of a relevant zero or low emissions vehicle gives Transport for NSW an odometer reading under section 19(b).\n> \n> > (2) Transport for NSW may issue to the person—\n> > \n> > > (a) a notice containing an assessment of the road user charges payable in relation to the relevant zero or low emissions vehicle by the person, or\n> > \n> > > (b) a notice specifying a refund is payable to the person for road user charges paid in relation to the relevant zero or low emissions vehicle and how the refund will be paid.\n> \n> > (3) If the person is issued with a notice containing an assessment of road user charges payable in relation to the relevant zero or low emissions vehicle, the person must pay the charges within—\n> > \n> > > (a) 14 days after the date of notice containing the assessment, or\n> > \n> > > (b) a longer period decided by Transport for NSW.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Stolen vehicles, written-off vehicles, damaged vehicles etc","content":"#### 21 Stolen vehicles, written-off vehicles, damaged vehicles etc\n\n21 Stolen vehicles, written-off vehicles, damaged vehicles etc\n\n> > (1) This section applies if—\n> > \n> > > (a) a relevant zero or low emissions vehicle is—\n> > > \n> > > > (i) reported as stolen to the NSW Police Force, or\n> > > \n> > > > (ii) a written-off light vehicle, or\n> > > \n> > > > (iii) otherwise damaged or otherwise under repair, or\n> > > \n> > > > (iv) otherwise disposed of for scrap, and\n> > \n> > > (b) Transport for NSW considers it would be unreasonable to require the vehicle’s registered operator to—\n> > > \n> > > > (i) provide an odometer reading, or\n> > > \n> > > > (ii) provide an odometer reading by the time required under section 17 or 18.\n> \n> > (2) Transport for NSW may—\n> > \n> > > (a) assess the amount of the road user charge payable based on an estimate of the kilometres travelled that Transport for NSW considers reasonable in the circumstances, or\n> > \n> > > (b) extend the time to provide the odometer reading.\n> \n> > (3) In this section—\n> > \n> > written-off light vehicle has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), section 83.","sortOrder":24},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Review of operation of Act by Parliamentary Committee","content":"#### 22 Review of operation of Act by Parliamentary Committee\n\n22 Review of operation of Act by Parliamentary Committee\n\n> > (1) As soon as practicable after the day that is 2 years after the commencement of the Act, the Legislative Council is to designate, by resolution, a committee of the Legislative Council for the purposes of this section.\n> \n> > (2) The resolution is to specify the terms of reference of the committee, which are to relate to the conduct of a review of the operation of the Act.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Approval of devices or systems","content":"#### 23 Approval of devices or systems\n\n23 Approval of devices or systems\n\n> Transport for NSW may, by notice published in the Gazette, approve a device or system to be used to measure the number of kilometres travelled by a relevant zero or low emissions vehicle for the purposes of this Act.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Power to require information and documents","content":"#### 24 Power to require information and documents\n\n24 Power to require information and documents\n\n> > (1) For the purposes of calculating whether a person is liable for road user charges or the amount of the charges, Transport for NSW may, by written notice given to the person, require the person to do either of the following within the period stated, not less than 21 days, in the notice—\n> > \n> > > (a) give Transport for NSW information described in the notice,\n> > \n> > > (b) give Transport for NSW a document described in the notice that is in the person’s custody or control.\n> \n> > (2) To avoid doubt, information or a document may be requested under subsection (1) only if the information or document is reasonably necessary for the administration of this Act.\n> \n> > (3) The person must comply with the notice unless the person has a reasonable excuse.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—20 penalty units, and\n> > \n> > > (b) for a body corporate—100 penalty units.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Disclosure of information","content":"#### 25 Disclosure of information\n\n25 Disclosure of information\n\n> A person must not disclose any information obtained in connection with the administration or execution of this Act unless the disclosure is—\n> \n> > (a) made with the consent of the person from whom the information was obtained, or\n> \n> > (b) made in connection with the administration or execution of this Act, or\n> \n> > (c) made under an arrangement under section 26, or\n> \n> > (d) otherwise authorised or required by law.\n> \n> Maximum penalty—\n> \n> > (a) for an individual—20 penalty units, and\n> \n> > (b) for a body corporate—100 penalty units.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Information sharing","content":"#### 26 Information sharing\n\n26 Information sharing\n\n> > (1) Transport for NSW may enter into an arrangement with any of the following about the sharing of relevant information—\n> > \n> > > (a) another government sector agency or the head of a government sector agency,\n> > \n> > > (b) an agency of another State or Territory.\n> \n> > (2) In this section—\n> > \n> > government sector agency has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> > \n> > head, of a government sector agency, has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> > \n> > relevant information means information relevant to—\n> > \n> > > (a) road user charges under this Act, or\n> > \n> > > (b) charges under the law of the other State or Territory that are equivalent or similar to road user charges under this Act.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Arrangements with other jurisdictions","content":"#### 27 Arrangements with other jurisdictions\n\n27 Arrangements with other jurisdictions\n\n> The Minister may enter into an arrangement with another State or Territory about the collection of payments in relation to road user charges payable under a law of that State or Territory for vehicles registered in New South Wales that travel on roads in the other State or Territory.","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Proceedings for offences","content":"#### 28 Proceedings for offences\n\n28 Proceedings for offences\n\n> Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Penalty notices","content":"#### 29 Penalty notices\n\n29 Penalty notices\n\n> > (1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note—\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations, not exceeding the maximum amount of penalty that could be imposed for the offence by a court.\n> \n> > (5) For the purposes of subsection (4), the amount prescribed must not be more than the maximum amount of penalty that could be imposed for the offence by a court.\n> \n> > (6) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> > (7) In this section—\n> > \n> > authorised officer means—\n> > \n> > > (a) a member of the NSW Police Force, or\n> > \n> > > (b) a person declared by the regulations to be an authorised officer for the purposes of this section.","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Regulations","content":"#### 30 Regulations\n\n30 Regulations\n\n> > (1) The Governor may make regulations about a matter that is—\n> > \n> > > (a) required or permitted to be prescribed by this Act, or\n> > \n> > > (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without limiting subsection (1), the regulations may provide for the following—\n> > \n> > > (a) exemptions and concessions in relation to the classes of vehicles and registered operators of vehicles to which this Act applies,\n> > \n> > > (b) refunds, discounts and waivers in relation to road user charges,\n> > \n> > > (c) matters in relation to the payment of road user charges, including pre-paid and post-paid options and the ways in which charges may be paid,\n> > \n> > > (d) matters relating to the calculation of the number of kilometres zero or low emissions vehicles have travelled on private land, including the evidence required to establish proof of the number of kilometres travelled on private land,\n> > \n> > > (e) matters in relation to the assessment of road user charges, including—\n> > > \n> > > > (i) the issue of invoices for charges, and\n> > > \n> > > > (ii) objections to and appeals against the assessment of charges, and\n> > > \n> > > > (iii) reassessment of road user charges,\n> > \n> > > (f) the payment of interest and penalties in relation to failures to pay road user charges or the late payment of road user charges,\n> > \n> > > (g) the recovery of unpaid road user charges,\n> > \n> > > (h) matters relating to the enforcement of this Act, including—\n> > > \n> > > > (i) the inspection of vehicles, and\n> > > \n> > > > (ii) the ways in which odometer readings for zero or low emissions vehicles may be verified, and\n> > > \n> > > > (iii) the power to cancel or suspend the registration of zero or low emissions vehicles for failure to pay road user charges or otherwise comply with this Act,\n> > \n> > > (i) matters relating to the liability to pay road user charges when ownership or registration of zero or low emissions vehicles is transferred or otherwise changes,\n> > \n> > > (j) records to be kept for the purposes of this Act,\n> > \n> > > (k) returns to be provided for the purposes of this Act,\n> > \n> > > (l) the service of notices under this Act.\n> \n> > (3) The regulations may create offences punishable by a penalty of not more than—\n> > \n> > > (a) 20 penalty units for an individual, or\n> > \n> > > (b) 100 penalty units for a body corporate.\n> \n> > (4) To avoid doubt—\n> > \n> > > (a) the regulations may not provide for the payment of fees under this Act, and\n> > \n> > > (b) regulations providing for the payment of road user charges, the assessment of road user charges or the payment of interest and penalties in relation to road user charges may not include a requirement to pay administrative costs that are more than the costs reasonably incurred in producing notices and statements to persons required to pay the road user charges, interest or penalties.","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Minister to provide information about battery electric vehicle registrations","content":"#### 31 Minister to provide information about battery electric vehicle registrations\n\n31 Minister to provide information about battery electric vehicle registrations\n\n> > (1) As soon as practicable after the day that is 1 year after the commencement of this Act, and after each further period of 1 year, the Minister must give each house of Parliament an update of the following—\n> > \n> > > (a) the percentage of new vehicles registered during the preceding 1 year period that are battery electric vehicles,\n> > \n> > > (b) the date by which the Minister reasonably expects registrations of battery electric vehicles in New South Wales will be 30% of new vehicles registered in New South Wales.\n> \n> > (2) This section is repealed on the earlier of the following—\n> > \n> > > (a) 1 July 2027,\n> > \n> > > (b) the prescribed date under Schedule 1, definition of relevant date, paragraph (a).","sortOrder":35},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 1 Dictionary\n\nSchedule 1 Dictionary\n\nsection 4\n\n2021–22 financial year means the financial year starting on 1 July 2021.\n\nbattery electric vehicle means a motor vehicle that—\n\n> (a) uses only an electric motor for propulsion, and\n\n> (b) is not fitted with—\n> \n> > (i) a fuel cell, or\n> \n> > (ii) an internal combustion engine.\n\nexcluded motor vehicle—see section 8.\n\nfinancial year means the period—\n\n> (a) starting on 1 July in a year, and\n\n> (b) ending on 30 June in the following year.\n\nheavy vehicle has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n\nhydrogen fuel cell electric vehicle means a motor vehicle that—\n\n> (a) uses an electric motor for propulsion, and\n\n> (b) is equipped with a fuel cell for converting hydrogen to electricity, and\n\n> (c) is not fitted with an internal combustion engine.\n\nmotor vehicle—\n\n> (a) means a motor vehicle within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), but\n\n> (b) does not include an excluded motor vehicle.\n\nodometer includes—\n\n> (a) a system of vehicle telemetrics installed in a relevant zero or low emissions vehicle by the manufacturer of the vehicle, and\n\n> (b) another device or system that measures the number of kilometres travelled by a vehicle and approved by Transport for NSW under section 23.\n\nplug-in hybrid electric vehicle means a motor vehicle that—\n\n> (a) uses an electric motor for propulsion, and\n\n> (b) takes and stores energy from an external source of electricity, and\n\n> (c) is fitted with an internal combustion engine for—\n> \n> > (i) the generation of electrical energy, or\n> \n> > (ii) propulsion of the vehicle.\n\npost-paid option—see section 16(b).\n\npre-paid option—see section 16(a).\n\nregistered operator, for a zero or low emissions vehicle, means—\n\n> (a) the registered operator of the vehicle under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), or\n\n> (b) another person prescribed by the regulations.\n\nrelevant date means the earlier of the following—\n\n> (a) 1 July 2027,\n\n> (b) the date prescribed by the regulations as being the date on which the Minister is reasonably satisfied sales of battery electric vehicles in New South Wales will be 30% of new vehicle sales in New South Wales.\n\nrelevant zero or low emissions vehicle means a zero or low emissions vehicle referred to in section 9.\n\nzero or low emissions vehicle means—\n\n> (a) a battery electric vehicle, or\n\n> (b) a hydrogen fuel cell electric vehicle, or\n\n> (c) a plug-in hybrid electric vehicle.\n\n**sch 1:** Am 2022 No 59, Sch 2.16\\[1\\] \\[2\\].","sortOrder":36},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 2 Savings and transitional provisions\n\nSchedule 2 Savings and transitional provisions","sortOrder":37},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Rep 1987 No 15, sec 30C.","sortOrder":40}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing distance-based charges for zero and low-emission vehicles. While the 2023 amendment (referenced in s 9) expanded coverage to capture some early EV adopters who received stamp duty exemptions, this was a technical correction rather than scope creep. The broad regulation-making powers were clearly intended from the outset."},"complexity_factors":["Multiple vehicle categories with different rates (battery EVs, hydrogen, plug-in hybrids at 80%)","Complex commencement trigger — 'relevant date' is defined as the earlier of 1 July 2027 OR when EVs reach 30% of new sales (a moving target)","Two-tier payment system (pre-paid vs post-paid) with different compliance obligations","Extensive regulation-making powers (15+ specific matters in s 30(2)) leaving major operational details to subordinate legislation","Transitional provisions creating different rules for vehicles registered before/after specific dates","Cross-references to Road Transport Act 2013, Duties Act 1997, and Government Sector Employment Act 2013","Mathematical indexing formula for annual rate adjustments (CPI-based)","Nested exceptions and reasonable excuse provisions (s 17(7)-(11))","Extraterritorial application — charges apply to interstate travel by NSW-registered vehicles"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a **distance-based road user charge** for electric and low-emission vehicles in New South Wales. It essentially replaces the fuel excise that petrol and diesel drivers pay (which EV drivers don't pay) with a per-kilometre fee.\n\n**Who it affects:**\n\n- **Owners of battery electric vehicles, hydrogen fuel cell vehicles, and plug-in hybrids** registered in NSW\n- **Transport for NSW** (the government agency administering the scheme)\n- **Not affected:** Heavy vehicles, unregistered vehicles, or vehicles used for purposes exempted by regulations\n\n**How it works:**\n\n- Drivers pay **2.5 cents per kilometre** (indexed to inflation) for battery electric and hydrogen vehicles\n- **Plug-in hybrids pay 80%** of that rate (2.0 cents/km)\n- Charges apply to travel on **public roads anywhere in Australia** (not just NSW), but **not private land**\n- Two payment options:\n  - **Pre-paid:** Pay for every 1,000km before you drive it\n  - **Post-paid:** Pay after driving (if regulations allow this option)\n- Odometer readings must be reported at registration, sale, or other times set by regulations\n\n**Key features:**\n\n- The scheme **phases in gradually** — it only applies to vehicles registered for the first time on or after a \"relevant date\" (1 July 2027, or earlier if EVs hit 30% of new car sales)\n- **Grandfathering:** Vehicles registered before 2024 that got stamp duty exemptions keep those benefits without back-charges\n- **Anti-avoidance:** You can't drive more than you've paid for without a reasonable excuse (with a 500km grace period)\n- **Privacy protection:** At least one reporting method must not transmit data automatically to the government\n- **Sunset review:** Parliament must review the scheme after 2 years\n\n**Why it matters:**\n\nAs petrol cars disappear, governments lose billions in fuel tax revenue. This law ensures EV owners contribute to road maintenance costs fairly, while still giving plug-in hybrids a discount (since they also pay fuel excise). It also prepares NSW for a future where most vehicles are electric."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act implements the object stated in s 3 by creating a new, distance-based road user charge regime that applies to specified zero and low emissions vehicles (see ss 3, 9–14 and Schedule 1). Its scope is set and limited within the Act by the definition of relevant vehicles, exclusions (s 8), transitional timing rules (Schedule 2) and the regulatory powers that determine operational boundaries (s 30). The provisions align with the Act’s stated object rather than expanding beyond it: the legislation confines liability to defined vehicle classes and specified public‑place travel, delegates operational detail to regulations, and provides transitional limits on retrospective liability (ss 8, 9, 11, Schedule 2)."},"complexity_factors":["Indexing formula tied to the Sydney All Groups CPI and rounding rules (s 12)","Different rates by vehicle type and protection against year-to-year decreases (s 13)","Two payment models (pre-paid and post-paid) with distinct procedural requirements and exemptions (ss 16–18)","Multiple reporting obligations and odometer evidence rules, plus device approval and telemetrics definitions (ss 14–19, 23; Schedule 1)","Extensive delegation to regulations for operational detail, exemptions, penalties, verification and enforcement (s 30)","Administrative discretions for Transport for NSW (assessment, estimates, extensions, data sharing) that depend on agency practice (ss 20–21, 23–24, 26–27)","Cross-jurisdictional and extraterritorial elements increasing coordination complexity (s 6, ss 26–27)","Transitional and savings provisions that limit liability timing and reporting obligations (Schedule 2)","Multiple penalty regimes and penalty notice framework interacting with the Fines Act (ss 29, 30)","Data protection and permitted disclosure exceptions intersecting with operational information sharing (ss 25–26)"],"plain_english_summary":"What this law does, in plain terms\n\n- Mechanically, the Act creates a kilometre-based road user charge that applies to certain zero and low emissions vehicles (battery electric, hydrogen fuel cell and plug-in hybrid vehicles) and sets rules for how that charge is calculated, reported and collected (see ss 3, 9–14, Schedule 1).\n\n- The stated purpose in the Act is to \"establish a system of distance-related road user charges for persons who use certain zero and low emissions vehicles\" (s 3). The rest of the Act implements that system with definitions, rates, reporting, payment options and enforcement mechanisms.\n\nWho pays and when\n\n- The registered operator of an affected vehicle is the person liable for the charge (s 10). \"Registered operator\" is defined by reference to vehicle registration or as prescribed by regulation (Schedule 1).\n\n- A charge is payable for each kilometre a relevant vehicle travels on a public place (s 11). Travel on private land is excluded (s 11(2)). The regulations may exclude particular roads or places from chargeability (s 11(4)).\n\nHow the charge is calculated\n\n- The 2021–22 baseline amount is 2.500 cents per kilometre (s 12(1)). For later years the base amount is adjusted by the Sydney All Groups CPI using a formula in s 12(2), and rounded to three decimal places (s 12(3)).\n\n- The road user charge rate for each vehicle type is: the indexed amount for battery electric and hydrogen fuel cell vehicles; 80% of the indexed amount for plug‑in hybrid vehicles (s 13). Transport for NSW must publish the rate before each financial year (s 13(4)).\n\n- The charge for a period is the rate multiplied by kilometres travelled (s 14). Kilometres are measured by odometer difference, adjusted for kilometres on private land and any other regulatory deductions (s 14(2)). Distances are rounded down to the nearest kilometre (s 14(3)).\n\nReporting, measurement and payment options\n\n- Odometer readings must be provided at registration, on sale/disposal, and as prescribed (s 19). If an odometer reading is not available the registered operator must provide an estimate in a way Transport for NSW considers reasonable (s 15).\n\n- Two payment models are provided: pre‑paid (pay for kilometres before travel) and post‑paid (pay after travel if the regulations permit) (s 16). Pre‑paid rules include minimum increments (1,000 km) and require an odometer reading before first pre‑payment; small overruns (up to 500 km) may be remedied by paying within 21 days of notice (s 17). Post‑paid use requires a prior election and periodic odometer reporting (s 18).\n\nAdministration, enforcement and review\n\n- Transport for NSW administers the scheme, may approve devices or telemetric systems to measure kilometres (s 23), require information or documents for assessments (s 24), and assess or refund charges on sale/disposal (s 20).\n\n- The Act provides inspection, verification and enforcement powers in the regulations, penalties for non‑compliance (generally up to 20 penalty units for an individual and 100 for a body corporate for many offences) and the ability to issue penalty notices (ss 29, 30). Regulations may allow cancellation or suspension of registration for non‑payment (s 30(2)(h)(iii)).\n\n- Transport for NSW may share relevant information with other NSW agencies and other State/Territory agencies and may enter collection arrangements with other jurisdictions (ss 26–27). The Act also restricts unauthorised disclosure of information obtained under the Act, subject to listed exceptions (s 25).\n\nKey numerical and transitional features to note\n\n- Baseline rate: 2.500 cents/km in 2021–22 (s 12(1)). Plug‑in hybrids pay 80% of the indexed amount (s 13(1)(b)).\n\n- Transitional rules limit liability for kilometres driven before the vehicle’s \"relevant registration date\" (Schedule 2, cl 2). Some transitional relief on odometer readings is provided for vehicles captured under s 9(b) until first registration renewal after the relevant date (Schedule 2, cl 1).\n\nCosts, incentives and trade-offs (mechanical effects borne out by the text)\n\n- Who pays: registered operators bear the monetary cost (s 10).\n\n- Behavioural incentive: a per‑kilometre charge increases the marginal cost of driving affected vehicles and therefore changes private travel cost calculations (ss 11–14). The Act does not directly change fuel taxes or registration fees in the text, but creates an additional per‑km charge imposed on travel on public places.\n\n- Compliance burden and administrative cost: odometer reporting at registration, sale and as prescribed; pre‑payment administrative steps (odometer reading, approved submission methods) and potential audits or inspections increase record‑keeping and reporting duties on vehicle operators and on Transport for NSW (ss 17, 19, 23, 24, 30).\n\n- Bureaucratic discretion and implementation risk: Transport for NSW has multiple discretions (device approval (s 23), assessing kilometres where readings are unavailable (s 21), requiring information (s 24), publishing rates (s 13(4)); regulations fill many operational details and may create offences (s 30). These discretions mean detailed operation depends on subordinate instruments and agency practice.\n\n- Interaction across jurisdictions and data sharing: extraterritorial intent and explicit power to arrange sharing and collection across States/Territories (ss 6, 26–27) create cross‑jurisdictional coordination requirements.\n\nWhat to watch in practice\n\n- The regulations (s 30) will set many operational details: exemptions, concessions, verification methods, payment timing, enforcement, and how private‑land kilometres are evidenced.\n\n- Device approvals (s 23) and Transport for NSW’s choices about data collection and verification will determine privacy, compliance cost and measurement reliability (ss 23, 25–26).\n\nReferences to the Act: primary provisions cited above are s 3 (object), ss 9–14 (liability and calculation), ss 16–19 (payment and reporting), ss 20–27 (administration, information and inter‑jurisdictional arrangements), s 30 (regulations), Schedule 1 (definitions) and Schedule 2 (transitional provisions)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has gone through at least two significant amendments (January 2023 and January 2024), strongly suggesting its scope has shifted from the original 2021 version. This is consistent with the broader legal landscape — the High Court's 2023 ruling in Vanderstock v Victoria struck down a similar Victorian EV road-user charge as unconstitutional, which likely forced NSW to restructure the revenue arrangements originally contemplated by this Act. The involvement of three ministers in the current version also hints at a broader remit than may have been originally intended."},"complexity_factors":["Involves three separate ministerial portfolios (Energy, Treasury, Climate Change), suggesting multi-layered policy interactions","Has been amended twice in a short period (2023 and 2024), indicating evolving legal and policy complexity","Sits at the intersection of federal and state constitutional law — EV road-user charges have been subject to High Court challenge, adding constitutional complexity","Revenue arrangements legislation typically involves cross-references to other Acts (e.g., taxation, motor vehicle, and transport legislation)","Limited substantive text is available in this extract, making full assessment difficult — the actual operative provisions likely contain technical financial and administrative mechanisms","Multiple responsible ministers indicates shared and potentially overlapping regulatory authority"],"plain_english_summary":"## Electric Vehicles (Revenue Arrangements) Act 2021 (NSW)\n\n**What is this?**\nThis is a NSW law dealing with how revenue (money collected by the government) is arranged in connection with electric vehicles. Based on the available metadata, this Act establishes a financial framework — likely covering how taxes, charges, or rebates related to electric vehicles are collected, managed, or distributed.\n\n**Who is responsible for it?**\nThree NSW ministers share oversight: the **Minister for Energy**, the **Treasurer**, and the **Minister for Climate Change** — which signals this law sits at the intersection of transport policy, environmental goals, and public finances.\n\n**Why does it matter to you?**\n- If you **own or are considering buying an electric vehicle** in NSW, this Act likely affects what financial incentives, charges, or rebates you may be entitled to or subject to.\n- If you are a **business** involved in EV charging infrastructure or EV sales, revenue arrangements under this Act may directly affect your operations.\n- The Act has been **updated twice** since it was first introduced (in January 2023 and January 2024), suggesting the law has evolved — possibly in response to changing EV policy, court decisions, or federal developments.\n\n**Important context:** A NSW road-user charge for electric vehicles was challenged legally, and this Act may be connected to those arrangements. The High Court of Australia struck down a Victorian equivalent charge in 2023, which likely influenced the 2024 update to this NSW law.\n\n**Bottom line:** This Act is about who pays what, and how government money flows, when it comes to electric vehicles in NSW. If you drive or are thinking about driving an EV in NSW, the financial rules this Act creates directly affect your hip pocket."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/electric-vehicles-revenue-arrangements-act-2021","history":"/api/acts/electric-vehicles-revenue-arrangements-act-2021/history","analysis":"/api/acts/electric-vehicles-revenue-arrangements-act-2021/analysis","conflicts":"/api/acts/electric-vehicles-revenue-arrangements-act-2021/conflicts","importantCases":"/api/acts/electric-vehicles-revenue-arrangements-act-2021/important-cases","documents":"/api/acts/electric-vehicles-revenue-arrangements-act-2021/documents"}}