{"id":"zero-and-low-emission-vehicle-distance-based-charge-act-2021","name":"Zero and Low Emission Vehicle Distance-based Charge Act 2021","slug":"zero-and-low-emission-vehicle-distance-based-charge-act-2021","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176359,"registerId":"vic-zero-and-low-emission-vehicle-distance-based-charge-act-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Zero and Low Emission Vehicle Distance-based Charge Act 2021","content":"Version No. 002\n\n**Zero and Low Emission Vehicle Distance-based Charge Act 2021**\n\n**No. 18 of 2021**\n\nVersion incorporating amendments as at  \n1 July 2022\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Excluded vehicles 5\n\n5 Act binds the Crown 5\n\n6 Extraterritorial operation 5\n\nPart 2—Zero and low emission vehicle distance-based charge 6\n\nDivision 1—Imposition and rate of charge 6\n\n7 Imposition of charge 6\n\n8 Rate of charge 6\n\n9 Indexation of rate 6\n\nDivision 2—Registered operator declarations 8\n\n10 Initial declaration by registered operator 8\n\n11 Subsequent declarations by registered operator 9\n\n12 Notice to lodge declaration 10\n\n13 Secretary may extend lodgement period 11\n\n14 Secretary may waive requirement for declaration 11\n\nDivision 3—Determination of ZLEV charge 11\n\n15 Secretary to determine amount of ZLEV charge 11\n\n16 Further information 12\n\n17 Determination of amount of charge in absence of declaration or sufficient information or evidence 13\n\nDivision 4—Invoices and payment 14\n\n18 Issue of invoices 14\n\n19 Payment of invoices 14\n\n20 Revision of invoices 14\n\n21 Cancellation of invoices 15\n\n22 Validity of invoices 16\n\nDivision 5—Interest 16\n\n23 Interest in respect of unpaid amounts 16\n\n24 Minimum amount of interest 16\n\n25 Interest rate to prevail over interest otherwise payable on a judgment debt 17\n\n26 Remission of interest 17\n\nDivision 6—Waiver and refunds 17\n\n27 Secretary may waive amounts of ZLEV charge 17\n\n28 Secretary must refund overpayments 17\n\nPart 3—Suspension and cancellation of registration 19\n\nDivision 1—Suspension of registration 19\n\n29 Suspension of registration 19\n\n30 Notice of suspension 19\n\n31 Effect of suspension 20\n\n32 Secretary must lift suspension in certain circumstances 21\n\n33 Secretary may lift suspension 22\n\n34 Secretary may revoke suspension 22\n\nDivision 2—Cancellation of registration 22\n\n35 Cancellation of registration 22\n\n36 Notice of cancellation 23\n\n37 Obligation of registered operator if registration cancelled 23\n\n38 Secretary may reinstate registration 24\n\n39 Secretary may revoke cancellation of registration 24\n\nPart 4—Objections and reviews 25\n\nDivision 1—Objection to invoice 25\n\n40 Objection to invoice 25\n\n41 Effect on objection if there is a revised invoice issued before objection is decided 25\n\n42 Time for lodging objection 25\n\nDivision 2—Objection to decision to suspend or cancel registration 26\n\n43 Objection to decision to suspend or cancel registration 26\n\n44 Time for lodging objection 26\n\nDivision 3—Additional information and suspension of decision on objections 27\n\n45 Secretary may request additional information for the purpose of deciding objection 27\n\n46 Objection lapses if there is non-compliance with an additional information notice 27\n\n47 Suspension of decision on objection on giving additional information notice 28\n\n48 Suspension of decision on objection at request of objector 28\n\nDivision 4—Decision on objections 28\n\n49 Onus of proof on objection 28\n\n50 Decision on objection 28\n\n51 Secretary must inform VCAT of certain decisions on objections 29\n\n52 Notice of decision on objection 29\n\n53 Payment of interest following decision on objection 29\n\nDivision 5—Review of decisions on objections 29\n\n54 Right of review by VCAT 29\n\n55 Onus on review 30\n\n56 Giving effect to decision on review 30\n\nDivision 6—Miscellaneous 30\n\n57 Recovery of ZLEV charge and suspension of registration pending decision on objection or review 30\n\nPart 5—Enforcement 32\n\nDivision 1—Recovery of ZLEV charge and interest 32\n\n58 ZLEV charge and any interest are debts recoverable by Secretary 32\n\nDivision 2—Inspection of ZLEVs 32\n\n59 Authorised officers 32\n\n60 Secretary may require inspection of ZLEVs for the purposes of taking odometer readings and verifying the identity of ZLEVs 32\n\n61 Inspection of ZLEVs 33\n\nDivision 3—Record keeping 34\n\n62 Registered operator to keep records and evidence 34\n\n63 Period of retention 34\n\n64 False or misleading information 34\n\nPart 6—Use and disclosure of information 36\n\n65 Interpretation 36\n\n66 Authorised use or disclosure 39\n\n67 Information protection agreements 41\n\n68 Disclosure not mandatory 43\n\n69 Freedom of Information Act 1982 43\n\n70 Offences regarding relevant information 43\n\nPart 7—General 46\n\nDivision 1—Service 46\n\n71 Service of documents on persons other than the Secretary 46\n\n72 Service of documents on the Secretary 48\n\nDivision 2—Evidentiary provisions 49\n\n73 Presumption of regularity as to issue of documents 49\n\n74 Evidence of invoice 49\n\n75 Certificate evidence 50\n\n76 Copies of and extracts from documents 50\n\nDivision 3—Miscellaneous 51\n\n77 Appropriation of Consolidated Fund 51\n\n78 Regulations 51\n\n═════════════\n\nEndnotes 53\n\n1 General information 53\n\n2 Table of Amendments 55\n\n3 Explanatory details 56\n\n**Version No.** **002**\n\n**Zero and Low Emission Vehicle Distance-based Charge Act 2021**\n\n**No. 18 of 2021**\n\nVersion incorporating amendments as at  \n1 July 2022\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe 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.\n\n\t2 Commencement\n\nThis Act comes into operation on 1 July 2021.\n\n\t3 Definitions\n\nIn this Act—\n\n***additional information notice***—see section 45;\n\n***authorised officer*** means an authorised officer appointed for the purposes of this Act under section 59;\n\n***business day*** means a day other than a Saturday, a Sunday or a public holiday appointed under the **Public Holidays Act 1993**;\n\n***current registration period***, in relation to a ZLEV, means the current period for which the ZLEV is registered;\n\n***declaration*** means a declaration under section 10 or 11;\n\n***Department*** means Department of Transport;\n\n***electric vehicle*** means a motor vehicle that—\n\n(a) uses one or more electric motors for propulsion; and\n\n(b) is fuelled from an off-vehicle electrical power source, a battery or an electric generator; and\n\n(c) is not fitted with an internal combustion engine that provides—\n\n(i) propulsion; or\n\n(ii) a fuel source for an electric propulsion system;\n\n***excluded vehicle*** means—\n\n(a) mobile plant; or\n\n(b) a motor cycle within the meaning of the **Road Safety Act 1986**; or\n\n(c) a heavy vehicle; or\n\n(d) 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;\n\n***heavy vehicle*** has the same meaning as in the Heavy Vehicle National Law (Victoria);\n\n***hydrogen vehicle*** means a motor vehicle that—\n\n(a) uses one or more electric motors for propulsion; and\n\n(b) is fuelled from a hydrogen fuel cell; and\n\n(c) is not fitted with an internal combustion engine that provides—\n\n(i) propulsion; or\n\n(ii) a fuel source for an electric propulsion system;\n\n***initial declaration*** means a declaration under section 10;\n\n***invoice*** means an invoice issued under section 18 or a revised invoice issued under section 20;\n\n***mobile plant*** means a motor vehicle, including a tractor, that—\n\n(a) is not a heavy vehicle; and\n\n(b) is not designed solely for carrying passengers; and\n\n(c) 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\n\n(d) is not a tow truck within the meaning of the **Accident Towing Services Act 2007**;\n\n***motor vehicle*** has the same meaning as in section 3(1) of the **Road Safety Act 1986**;\n\n***notice of cancellation*** means a notice given under section 36;\n\n***notice of suspension*** means a notice given under section 29(1);\n\n***objection***—see section 40 or 43;\n\n***objector*** means a registered operator who lodges an objection under section 40 or 43;\n\n***plug-in hybrid electric vehicle*** means a motor vehicle that—\n\n(a) uses one or more electric motors for propulsion; and\n\n(b) is fuelled from an off-vehicle electrical power source, a battery, a fuel cell or an electric generator; and\n\n(c) is fitted with an internal combustion engine that provides—\n\n(i) propulsion; or\n\n(ii) a fuel source for an electric propulsion system;\n\n***registered***, in relation to a ZLEV, means registered under Part 2 of the **Road Safety Act 1986**;\n\n***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;\n\n***Secretary*** means Secretary to the Department;\n\n***specified road*** means—\n\n(a) a public road within the meaning of the **Road Management Act 2004**; or\n\n(b) a road related area within the meaning of the **Road Safety Act 1986**; or\n\n(c) 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\n\n(d) a highway at common law outside Victoria; or\n\n(e) a road within the meaning of the **Road Management Act 2004**, other than a private road, prescribed by the regulations;\n\n***vehicle identifier*** has the same meaning as in section 3(1) of the **Road Safety Act 1986**;\n\n***ZLEV*** means any of the following that is not an excluded vehicle—\n\n(a) an electric vehicle;\n\n(b) a hydrogen vehicle;\n\n(c) a plug-in hybrid electric vehicle;\n\n***ZLEV charge*** means the charge imposed by section 7.\n\n\t4 Excluded vehicles\n\n(1) The Minister may determine either or both of the following—\n\n(a) a motor vehicle as an excluded vehicle;\n\n(b) a class of motor vehicles as a class of excluded vehicles.\n\n(2) The Minister must cause a determination under this section to be published in the Government Gazette.\n\n(3) 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.\n\n\t5 Act binds the Crown\n\nThis 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.\n\n\t6 Extraterritorial operation\n\n(1) This Act applies within and outside Victoria to the full extent of the extraterritorial legislative power of the Parliament.\n\n(2) In particular, this Act extends to the use of ZLEVs outside Victoria.\n\nPart 2—Zero and low emission vehicle distance-based charge\n\nDivision 1—Imposition and rate of charge\n\n\t7 Imposition of charge\n\n(1) The registered operator of a ZLEV must pay a charge for use of the ZLEV on specified roads.\n\n(2) The ZLEV charge is to be determined and paid in accordance with this Act and the regulations.\n\n\t8 Rate of charge\n\n(1) The rate of the ZLEV charge is—\n\n(a) for each kilometre travelled on specified roads during the financial year starting on 1 July 2021—\n\n(i) 2.5 cents for a ZLEV that is an electric vehicle or hydrogen vehicle; or\n\n(ii) 2.0 cents for a ZLEV that is a plug-in hybrid electric vehicle; and\n\n(b) 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.\n\n(2) 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.\n\n\t9 Indexation of rate\n\n(1) 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.\n\n(2) The rate of the ZLEV charge for a financial year is to be varied in accordance with the formula—\n\nwhere—\n\nCPIi 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.\n\nCPIii 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;\n\nPR is the rate of the ZLEV charge for the previous financial year;\n\nR is the rate of the ZLEV charge for the financial year.\n\n(3) 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.\n\n**Example**\n\nIf 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.\n\n(4) 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—\n\n(a) the reduction does not take effect and the rate remains the same as for the previous financial year; and\n\n(b) when the rate is calculated under subsection (2) for the purposes of the next or a subsequent financial year—\n\n(i) PR is the rate that would have been the rate of the ZLEV charge for the previous financial year but for paragraph (a); and\n\n(ii) 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.\n\n(5) 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.\n\n(6) 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—\n\n(a) in the Government Gazette; and\n\n(b) on a website maintained by the Department.\n\n(7) Failure to publish notice under subsection (6) does not affect the validity of the determination or rate to which the notice relates.\n\nDivision 2—Registered operator declarations\n\n\t10 Initial declaration by registered operator\n\n(1) The registered operator of a ZLEV must lodge an initial declaration with the Secretary within 14 days after—\n\n(a) 1 July 2021 if the ZLEV is registered in the name of the registered operator as at that day; or\n\n(b) the later day on which the ZLEV is first registered or re-registered in the name of the registered operator in any other case.\n\n(2) The initial declaration must be in the form approved by the Secretary and must—\n\n(a) set out the odometer reading of the ZLEV as at the time the declaration is lodged; and\n\n**Note**\n\nIt is an offence under section 38 of the **Motor Car Traders Act 1986** to tamper with an odometer.\n\n(b) include evidence of that odometer reading; and\n\n**Note**\n\nThis evidence must be retained by the registered operator for 5 years—see section 63.\n\n(c) include any other information required by the Secretary.\n\n(3) The regulations may prescribe the types of evidence for the purposes of subsection (2)(b).\n\n\t11 Subsequent declarations by registered operator\n\n(1) 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—\n\n(a) if the Secretary gives the registered operator a notice under section 12, the day specified in the notice; or\n\n(b) 14 days after the last day of the current registration period of the ZLEV; or\n\n(c) the day on which the ZLEV's registration is transferred to another person or cancelled.\n\n(2) 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.\n\n(3) A declaration under this section must be in the form approved by the Secretary and must—\n\n(a) 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\n\n**Note**\n\nIt is an offence under section 38 of the **Motor Car Traders Act 1986** to tamper with an odometer.\n\n(b) set out the distance, if any, travelled by the ZLEV since the previous declaration that was not on specified roads; and\n\n(c) include evidence of the matters in paragraphs (a) and (b); and\n\n**Note**\n\nThis evidence must be retained by the registered operator for 5 years—see section 63.\n\n(d) include any other information required by the Secretary.\n\n(4) The regulations may prescribe the types of evidence for the purposes of subsection (3)(c).\n\n\t12 Notice to lodge declaration\n\n(1) 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.\n\n(2) The day specified in a notice must be at least 14 days after the day the notice is given to the registered operator.\n\n\t13 Secretary may extend lodgement period\n\nThe Secretary, by written notice, may extend the period for the registered operator of a ZLEV to lodge a declaration.\n\n\t14 Secretary may waive requirement for declaration\n\n(1) The Secretary, by written notice, may waive the requirement for the registered operator of a ZLEV to lodge a declaration in respect of the ZLEV if the Secretary considers it appropriate to do so in all the circumstances.\n\n(2) Without limiting the circumstances in which the Secretary may waive the requirement to lodge a declaration, the Secretary may do so—\n\n(a) if the declaration would otherwise be required to be lodged within 42 days after the day on which the initial declaration in respect of the ZLEV was required to be lodged; or\n\n(b) if the registered operator satisfies the Secretary that the registered operator is temporarily unable to access the ZLEV to obtain information required to make the declaration.\n\n(3) The Secretary cannot grant a waiver in the circumstances referred to in subsection (2)(b) if that would result in there being a period of more than 24 months between declarations in respect of a ZLEV.\n\nDivision 3—Determination of ZLEV charge\n\n\t15 Secretary to determine amount of ZLEV charge\n\n(1) The Secretary must determine the amount of the ZLEV charge payable by a registered operator of a ZLEV in accordance with the following formula—\n\nwhere—\n\nC is the ZLEV charge to which the determination relates;\n\nNRD is the distance, if any, travelled by the ZLEV that was not on specified roads in the period to which the determination relates;\n\nR is the applicable rate of the ZLEV charge under section 8;\n\nTD is the total distance travelled by the ZLEV in the period to which the determination relates.\n\n(2) The Secretary must determine the amount of the ZLEV charge from the declarations lodged by the registered operator unless—\n\n(a) the registered operator fails to lodge a declaration by the required day for lodgement; or\n\n(b) a declaration does not contain sufficient information for the Secretary to determine the amount of the ZLEV charge; or\n\n(c) the Secretary reasonably believes that a declaration is false or misleading.\n\n(3) In determining the amount of the ZLEV charge, the Secretary may assume, in the absence of evidence to the contrary, that all distances travelled by a ZLEV are travelled on specified roads.\n\n\t16 Further information\n\n(1) The Secretary, by written notice, may require the registered operator of a ZLEV to give the Secretary any further information and evidence the Secretary reasonably requires to determine an amount of the ZLEV charge payable by the registered operator.\n\n(2) The regulations may prescribe the types of evidence for the purposes of subsection (1).\n\n\t17 Determination of amount of charge in absence of declaration or sufficient information or evidence\n\n(1) The Secretary may determine the amount of the ZLEV charge payable by the registered operator of a ZLEV from any information available to the Secretary, or by way of estimate, if—\n\n(a) the registered operator fails to lodge a declaration by the required day for lodgement; or\n\n(b) the Secretary reasonably believes that a declaration is false or misleading; or\n\n(c) the Secretary has insufficient information to determine the exact amount of the ZLEV charge.\n\n(2) Without limiting subsection (1), the Secretary may determine the amount of the ZLEV charge by way of estimate—\n\n(a) if the period for which the charge is determined falls in more than one financial year and the rate of the ZLEV charge for each of those years is different; and\n\n(b) for the first determination of the amount of the ZLEV charge in respect of a ZLEV, to take into account the distance travelled by the ZLEV on specified roads after the liability for the ZLEV charge commences but before the initial declaration was lodged.\n\nDivision 4—Invoices and payment\n\n\t18 Issue of invoices\n\n(1) After determining an amount of the ZLEV charge payable by the registered operator of a ZLEV, the Secretary must issue an invoice to the registered operator for payment of the amount.\n\n(2) An invoice must—\n\n(a) state the amount of the ZLEV charge to which the invoice relates; and\n\n(b) state the date by which the amount must be paid, which must be at least 14 days after the date the invoice is issued; and\n\n(c) set out how the amount was calculated; and\n\n(d) state any interest payable by the registered operator in respect of previous unpaid invoices.\n\n\t19 Payment of invoices\n\n(1) The registered operator of a ZLEV must pay an invoice issued to the registered operator by the date for payment stated in the invoice.\n\n(2) An invoice is payable to the Secretary by any means approved by the Secretary.\n\n\t20 Revision of invoices\n\n(1) The Secretary may issue one or more revised invoices to the registered operator of a ZLEV—\n\n(a) to give effect to—\n\n(i) a decision on an objection or review as to the initial invoice; or\n\n(ii) a decision under section 26 to remit interest; or\n\n(b) if the Secretary considers that the initial invoice or a revised invoice was incorrect for any reason.\n\n(2) The Secretary may only issue a revised invoice within 5 years after the date of issue of the initial invoice unless—\n\n(a) the revision is to give effect to a decision on an objection or review as to the initial invoice; or\n\n(b) at the time the initial invoice, or a revised invoice, was issued, all the facts and circumstances affecting the calculation of the amount of the ZLEV charge to which the invoice relates were not fully and truly disclosed to the Secretary.\n\n(3) The Secretary may issue a revised invoice whether or not the amount of the initial, or previously revised, invoice has already been paid.\n\n(4) In issuing a revised invoice, the Secretary may determine that the registered operator of a ZLEV is liable for—\n\n(a) an amount of interest, when the initial, or previously revised, invoice did not include any amount of interest; or\n\n(b) an amount of interest that is greater or less than the amount of interest in the initial, or previously revised, invoice; or\n\n(c) an amount of the ZLEV charge that is greater or less than the amount of the ZLEV charge in the initial, or previously revised, invoice.\n\n\t21 Cancellation of invoices\n\nThe Secretary, by written notice, may cancel an invoice issued to the registered operator of a ZLEV—\n\n(a) if the Secretary determines that the registered operator is not liable for the amount of the ZLEV charge or interest in the invoice; or\n\n(b) if the Secretary waives the amount of the ZLEV charge after issuing the invoice; or\n\n(c) to give effect to a decision on an objection or review.\n\n\t22 Validity of invoices\n\nThe validity of an invoice is not affected because a provision of this Act or the regulations has not been complied with.\n\nDivision 5—Interest\n\n\t23 Interest in respect of unpaid amounts\n\n(1) If an invoice is not paid by the date for payment stated in the invoice, the registered operator of the ZLEV is liable to pay interest, at the applicable rate, on the amount of the ZLEV charge that is unpaid calculated on a daily basis from the day after the date for payment until the day the amount of the ZLEV charge is paid.\n\n(2) The applicable rate is the rate fixed under section 2 of the **Penalty Interest Rates Act 1983** that applied on the first day of July immediately before the date for payment stated in the invoice.\n\n(3) Interest is not payable in respect of any failure to pay interest under this Division.\n\n\t24 Minimum amount of interest\n\nThere is no liability to pay interest if the amount of interest is less than $10.\n\n\t25 Interest rate to prevail over interest otherwise payable on a judgment debt\n\nIf judgment is given by, or entered in, a court for an unpaid amount of the ZLEV charge (or an amount that includes an unpaid amount of the ZLEV charge), the interest rate determined in accordance with this Division continues to apply, to the exclusion of any other interest rate, until the amount of the ZLEV charge is paid.\n\n\t26 Remission of interest\n\nThe Secretary, in any circumstances that the Secretary considers appropriate, may remit interest payable by the registered operator of a ZLEV under this Division by any amount.\n\nDivision 6—Waiver and refunds\n\n\t27 Secretary may waive amounts of ZLEV charge\n\nThe Secretary may waive the whole or any part of an amount of the ZLEV charge otherwise payable by the registered operator of a ZLEV—\n\n(a) in the circumstances prescribed by the regulations; or\n\n(b) in any other circumstances the Secretary considers appropriate.\n\n\t28 Secretary must refund overpayments\n\n(1) This section applies if the registered operator of a ZLEV—\n\n(a) has paid an amount to the Secretary in respect of an invoice that is greater than the amount of the ZLEV charge or interest stated in the invoice; or\n\n(b) has paid an amount to the Secretary in respect of an invoice and after that payment—\n\n(i) the Secretary cancels the invoice; or\n\n(ii) the Secretary issues a revised invoice for a lesser amount than the amount in the initial, or previously revised, invoice.\n\n(2) The Secretary must refund to the registered operator the amount that is the difference between the amount that the registered operator paid to the Secretary and the amount the registered operator is required to pay under this Act.\n\nPart 3—Suspension and cancellation of registration\n\nDivision 1—Suspension of registration\n\n\t29 Suspension of registration\n\n(1) Despite section 9(1) of the **Road Safety Act 1986**, the Secretary, by written notice, may suspend the registration of a ZLEV if the registered operator has not—\n\n(a) lodged a declaration in respect of the ZLEV under Division 2 of Part 2 by the required day for lodgement; or\n\n(b) paid an invoice in respect of the ZLEV on or before the date for payment stated in the invoice; or\n\n(c) presented the ZLEV for inspection at the time and place specified in a notice given to the registered operator under section 60(1) or (3).\n\n(2) The suspension takes effect as specified in the notice of suspension, unless the registered operator takes the action specified in the notice.\n\n(3) The Secretary must not suspend the registration of a ZLEV under subsection (1) if the person who was required to do a thing referred to in subsection (1)(a) to (c) is no longer the registered operator of the ZLEV.\n\n\t30 Notice of suspension\n\nA notice of suspension must specify—\n\n(a) the reason for the suspension; and\n\n(b) the action to be taken by the registered operator to avoid the suspension taking effect; and\n\n(c) the period within which that action must be taken, being a period of at least 14 days beginning on the day after the day on which the notice is given; and\n\n(d) that the suspension will take effect on the day after the end of that period, unless the registered operator takes the specified action; and\n\n(e) that, if the suspension takes effect, the action to be taken by the registered operator—\n\n(i) to avoid cancellation of the registration of the ZLEV; and\n\n(ii) to have the suspension lifted; and\n\n(f) the period within which the action referred to in paragraph (e) must be taken, being at least 14 days after the day on which the suspension takes effect; and\n\n(g) that the registration of the ZLEV may be cancelled if the action referred to in paragraph (e) is not taken by the end of the period referred to in paragraph (f); and\n\n(h) the registered operator's rights to object to the suspension under Part 4.\n\n\t31 Effect of suspension\n\n(1) While the registration of a ZLEV is suspended under section 29, the ZLEV is unregistered for the purposes of Part 2 of the **Road Safety Act 1986**.\n\n(2) Despite subsection (1) it is not an offence against the **Road Safety Act 1986** to—\n\n(a) leave a ZLEV whose registration has been suspended under section 29 standing on a highway; or\n\n(b) use a ZLEV whose registration has been suspended under section 29(1)(c) on a highway for the sole purpose of presenting it for inspection by the Secretary or an authorised officer under Division 2 of Part 5.\n\n(3) Suspension under section 29 does not alter the expiry date for the registration of a ZLEV under the **Road Safety Act 1986**.\n\n\t32 Secretary must lift suspension in certain circumstances\n\n(1) The Secretary must lift the suspension of registration of a ZLEV under this Division—\n\n(a) for a suspension under section 29(1)(a), when the registered operator lodges the declaration; or\n\n(b) for a suspension under section 29(1)(b), when the registered operator pays the invoice; or\n\n(c) for a suspension under section 29(1)(c), when the registered operator presents the ZLEV for inspection at the place specified in the notice.\n\n(2) The Secretary must give the registered operator of the ZLEV written notice of the lifting of suspension of registration under subsection (1).\n\n\t33 Secretary may lift suspension\n\n(1) The Secretary may lift the suspension of registration of a ZLEV under this Division—\n\n(a) to give effect to a decision on an objection or review; or\n\n(b) if the Secretary considers that the suspension should be lifted for any reason.\n\n(2) The Secretary must give the registered operator of the ZLEV written notice of the lifting of the suspension of registration under subsection (1).\n\n\t34 Secretary may revoke suspension\n\n(1) The Secretary may revoke the suspension of registration of a ZLEV under this Division—\n\n(a) to give effect to a decision on an objection or review; or\n\n(b) if the Secretary considers that the suspension should be revoked for any reason.\n\n(2) The Secretary must give the registered operator of the ZLEV written notice of the revocation of the suspension of registration under subsection (1).\n\nDivision 2—Cancellation of registration\n\n\t35 Cancellation of registration\n\n(1) Despite section 9(1) of the **Road Safety Act 1986**, after the specified day the Secretary may cancel the registration of a ZLEV if—\n\n(a) the registration of that ZLEV was suspended under section 29(1)(a) and the registered operator has not lodged the declaration before the specified day; or\n\n(b) the registration of that ZLEV was suspended under section 29(1)(b) and the registered operator has not paid the invoice before the specified day; or\n\n(c) the registration of that ZLEV was suspended under section 29(1)(c) and the registered operator has not presented the ZLEV for inspection at the place specified in the notice under section 60(1) or (3) before the specified day.\n\n(2) In this section—\n\n***specified day*** means the later of the following days—\n\n(a) the day after the end of the period in section 30(f); or\n\n(b) the day after the end of the period during which the registered operator may object to the Secretary's suspension of the ZLEV under Part 4.\n\n\t36 Notice of cancellation\n\nIf the Secretary cancels the registration under section 35, the Secretary must give the registered operator of the ZLEV written notice of—\n\n(a) the cancellation; and\n\n(b) the date of the cancellation; and\n\n(c) the registered operator's rights to object to the cancellation under Part 4.\n\n\t37 Obligation of registered operator if registration cancelled\n\nIf the registration of a ZLEV is cancelled by the Secretary under section 35, the registered operator of the ZLEV must, if required by the Secretary, return the ZLEV's number plates to the Secretary or an agent nominated by the Secretary, within 14 days after the date of cancellation.\n\nPenalty: 3 penalty units.\n\n\t38 Secretary may reinstate registration\n\n(1) The Secretary may reinstate the registration of a ZLEV that has been cancelled under this Division—\n\n(a) to give effect to a decision on an objection or review; or\n\n(b) if the Secretary considers that the registration should be reinstated for any reason.\n\n(2) The Secretary must give the registered operator of the ZLEV written notice of the reinstatement of registration under subsection (1).\n\n\t39 Secretary may revoke cancellation of registration\n\n(1) The Secretary may revoke the cancellation of registration of a ZLEV under this Division—\n\n(a) to give effect to a decision on an objection or review; or\n\n(b) if the Secretary considers that the cancellation should be revoked for any reason.\n\n(2) The Secretary must give the registered operator of the ZLEV written notice of the revocation of the cancellation of registration under subsection (1).\n\nPart 4—Objections and reviews\n\nDivision 1—Objection to invoice\n\n\t40 Objection to invoice\n\n(1) The registered operator of a ZLEV may lodge an objection to an invoice issued to the registered operator on any of the following grounds—\n\n(a) the ZLEV did not travel the distances subject to the ZLEV charge for which the invoice was issued;\n\n(b) the amount of the ZLEV charge stated in the invoice has been incorrectly calculated;\n\n(c) the amount of interest stated in the invoice has been applied or calculated incorrectly;\n\n(d) the ZLEV is not subject to the ZLEV charge.\n\n(2) An objection must—\n\n(a) be lodged with the Secretary in writing; and\n\n(b) state fully and in detail the grounds for the objection.\n\n\t41 Effect on objection if there is a revised invoice issued before objection is decided\n\nIf an objection to an invoice is lodged but a revised invoice is issued before the objection is decided, the objection may be continued against the revised invoice to the extent that it is liable to the same objection or to an objection that is the same, or similar, in substance.\n\n\t42 Time for lodging objection\n\n(1) An objection under section 40 must be lodged within 60 days after the day on which the invoice is issued.\n\n(2) An objection is taken to have been lodged when it is received by the Secretary.\n\nDivision 2—Objection to decision to suspend or cancel registration\n\n\t43 Objection to decision to suspend or cancel registration\n\n(1) The registered operator of a ZLEV may lodge an objection if the registered operator is dissatisfied with—\n\n(a) a decision under section 29 to suspend the registration of the ZLEV; or\n\n(b) a decision under section 35 to cancel the registration of the ZLEV.\n\n(2) An objection must—\n\n(a) be lodged with the Secretary in writing; and\n\n(b) state fully and in detail the grounds for the objection.\n\n\t44 Time for lodging objection\n\n(1) An objection under section 43 to a decision to suspend the registration of a ZLEV must be lodged with the Secretary within 28 days of the day on which the notice of the suspension is given.\n\n(2) An objection under section 43 to a decision to cancel the registration of a ZLEV must be lodged with the Secretary within 28 days of the day on which the notice of the cancellation is given.\n\n(3) An objection is taken to have been lodged with the Secretary when it is received by the Secretary.\n\nDivision 3—Additional information and suspension of decision on objections\n\n\t45 Secretary may request additional information for the purpose of deciding objection\n\n(1) The Secretary, by written notice (***additional information notice***), may request an objector to give the Secretary any additional information in relation to the objection that the Secretary reasonably requires to consider the objection.\n\n(2) An additional information notice must—\n\n(a) specify—\n\n(i) the information to be given to the Secretary; and\n\n(ii) the date by which that information must be given; and\n\n(b) include a statement to the effect that if the information is not given to the Secretary by the specified date, the objection will lapse on the end of that day.\n\n(3) The date specified by the Secretary in an additional information notice must be at least 30 days after the day the notice is given to the objector.\n\n\t46 Objection lapses if there is non-compliance with an additional information notice\n\nAn objection lapses if the objector does not comply with an additional information notice before the end of the day specified in that notice.\n\n\t47 Suspension of decision on objection on giving additional information notice\n\n(1) If the Secretary gives an objector an additional information notice, the Secretary must suspend the decision on an objection on the day that the notice is given to the objector.\n\n(2) The Secretary must not restart the decision on the objection until the objector, or another person, gives the information specified in the additional information notice by the date specified in the additional information notice.\n\n(3) The information is taken to have been given to the Secretary when it is received by the Secretary.\n\n\t48 Suspension of decision on objection at request of objector\n\nThe Secretary, at the request of the objector, may suspend the decision on an objection to an invoice pending the outcome of any legal proceeding relating to a requirement to pay the ZLEV charge in respect of the invoice.\n\nDivision 4—Decision on objections\n\n\t49 Onus of proof on objection\n\nOn an objection, the objector has the onus of proving their case.\n\n\t50 Decision on objection\n\n(1) The Secretary must consider an objection and either—\n\n(a) allow the objection in whole or part; or\n\n(b) disallow the objection.\n\n(2) The Secretary may decide an objection that is subject to a right of review at any time before the hearing of the review proceeding commences.\n\n\t51 Secretary must inform VCAT of certain decisions on objections\n\nThe Secretary must inform the principal registrar of VCAT if the Secretary decides an objection after an application is made for the review of the Secretary's failure to decide the objection.\n\n\t52 Notice of decision on objection\n\n(1) The Secretary must give written notice to the objector of the decision on the objection.\n\n(2) The Secretary must, in the notice, give the reasons for disallowing an objection or for allowing an objection in part only.\n\n\t53 Payment of interest following decision on objection\n\nDivision 5 of Part 2 applies to an amount of the ZLEV charge required to be paid following the decision on an objection to an invoice.\n\nDivision 5—Review of decisions on objections\n\n\t54 Right of review by VCAT\n\n(1) This section applies if—\n\n(a) an objector is dissatisfied with the Secretary's decision on the objector's objection; or\n\n(b) 90 days (not including any period of suspension under Division 3) have passed since an objector's objection was received by the Secretary and the Secretary has not decided the objection.\n\n(2) The objector may apply to VCAT for review of—\n\n(a) the Secretary's decision on the objector's objection; or\n\n(b) the Secretary's failure to decide the objector's objection within 90 days (not including any period of suspension under Division 3) after the Secretary received the objection.\n\n(3) An application under this section—\n\n(a) in the circumstances referred to in subsection (2)(a), must be made within 60 days after the day the objector was given notice of the Secretary's decision on the objection; or\n\n(b) in the circumstances referred to in subsection (2)(b), may be made at any time after the 90 day period (not including any period of suspension under Division 3).\n\n\t55 Onus on review\n\nOn a review under this Division, the objector has the onus of proving their case.\n\n\t56 Giving effect to decision on review\n\n(1) The Secretary must take any action that is necessary to give effect to a decision on review within 60 days after the decision becomes final.\n\n(2) If no appeal to a court from a decision of VCAT on a review is commenced within 30 days after the day on which the decision is made, the decision is to be taken, for the purposes of this section, to have become final at the end of that period.\n\nDivision 6—Miscellaneous\n\n\t57 Recovery of ZLEV charge and suspension of registration pending decision on objection or review\n\n(1) The fact that an objection regime decision is pending does not in the meantime affect the invoice, or the decision to which the objection regime decision relates, and the following things apply—\n\n(a) a ZLEV charge to which the objection regime decision relates is payable and may be recovered as if no objection regime decision were pending;\n\n(b) Division 5 of Part 2 applies to any unpaid ZLEV charge as if no objection regime decision were pending;\n\n(c) a suspension of the registration of a ZLEV continues as if no objection regime decision were pending.\n\n(2) In this section—\n\n***objection regime decision*** means—\n\n(a) a decision on an objection under Division 4; or\n\n(b) a decision on review under Division 5.\n\nPart 5—Enforcement\n\nDivision 1—Recovery of ZLEV charge and interest\n\n\t58 ZLEV charge and any interest are debts recoverable by Secretary\n\n(1) The ZLEV charge and any interest payable under Part 2 are debts due to the State.\n\n(2) An amount of the ZLEV charge and any interest payable under Part 2 that are not paid by the date for payment may be recovered by the Secretary, on behalf of the State, in a court of competent jurisdiction.\n\nDivision 2—Inspection of ZLEVs\n\n\t59 Authorised officers\n\nThe Secretary, by instrument, may appoint as an authorised officer for the purposes of this Act—\n\n(a) a person employed under Part 3 of the **Public Administration Act 2004**; or\n\n(b) a person, or person of a class, prescribed by the regulations.\n\n\t60 Secretary may require inspection of ZLEVs for the purposes of taking odometer readings and verifying the identity of ZLEVs\n\n(1) The Secretary, by written notice, may require the registered operator of a ZLEV to present the ZLEV for inspection by the Secretary or an authorised officer at a time and place specified in the notice, for the purposes of—\n\n(a) taking an odometer reading of the ZLEV; and\n\n(b) verifying the vehicle identifier of the ZLEV and the registration number assigned to the ZLEV under the **Road Safety Act 1986**.\n\n(2) At least 24 hours before the date specified in the notice, a person given a notice under subsection (1) may request the Secretary to change the time or place of inspection.\n\n(3) If requested under subsection (2) to change the time or place of an inspection, the Secretary must consider the request and—\n\n(a) if it is reasonable to do so, change the time or place of inspection as requested; and\n\n(b) give the registered operator who made the request written notice either—\n\n(i) specifying the new time or place for the inspection; or\n\n(ii) confirming the original time or place for the inspection.\n\n(4) A person must not, without reasonable excuse, fail to comply with a notice under subsection (1) or (3).\n\n1. 25 penalty units in the case of a body corporate;\n\n\n5 penalty units in any other case.\n\n\t61 Inspection of ZLEVs\n\nThe Secretary or an authorised officer may carry out an inspection of a ZLEV for the purposes specified in section 60(1).\n\nDivision 3—Record keeping\n\n\t62 Registered operator to keep records and evidence\n\n(1) A registered operator of a ZLEV must keep all records and evidence that are necessary to enable the ZLEV charge in respect of the ZLEV to be properly determined.\n\n1. 25 penalty units in the case of a body corporate;\n\n\n5 penalty units in any other case.\n\n(2) Subsection (1) does not apply if the registered operator has a reasonable excuse for non-compliance.\n\n\t63 Period of retention\n\n(1) A person who is required by section 62 to keep a record or evidence must retain the record or evidence for not less than 5 years after the date it was made or obtained.\n\n1. 25 penalty units in the case of a body corporate;\n\n\n5 penalty units in any other case.\n\n(2) Subsection (1) does not apply if the person has a reasonable excuse for non-compliance.\n\n\t64 False or misleading information\n\nA person must not include any information in a record or evidence required to be kept under section 62, or in any declaration or other document lodged with or given to the Secretary under this Act—\n\n(a) knowing that the information is false or misleading in a material particular; or\n\n(b) being reckless as to whether the information is false or misleading in a material particular.\n\nPenalty: 300 penalty units in the case of a body corporate;\n\n60 penalty units in any other case.\n\nPart 6—Use and disclosure of information\n\n\t65 Interpretation\n\nIn this Part—\n\n***another Australian jurisdiction*** means the Commonwealth, another State or a Territory;\n\n***authorised representative***, in relation to an individual, means a person who is—\n\n(a) a guardian of the individual; or\n\n(b) an attorney for the individual under an enduring power of attorney; or\n\n(c) a medical treatment decision maker for the individual within the meaning of the **Medical Treatment Planning and Decisions Act 2016**; or\n\n(d) an administrator within the meaning of the **Guardianship and Administration Act 2019**; or\n\n(e) a parent of an individual, if the individual is a child; or\n\n(f) otherwise empowered under law to perform any functions or duties or exercise powers as an agent of or in the best interests of the individual—\n\nexcept to the extent that acting as an authorised representative of the individual is inconsistent with an order made by a court or tribunal;\n\n***consent*** means express consent or implied consent;\n\n***individual*** includes a deceased individual;\n\n***information protection agreement*** means an agreement between a person or body and the Secretary in relation to relevant information that complies with section 67(2);\n\n***intergovernmental agreement*** means a written agreement—\n\n(a) between—\n\n(i) the Secretary and a person or body outside Victoria that has any functions in relation to roads, vehicles or transport that correspond with any of the functions of the Secretary under transport legislation; or\n\n(ii) the Secretary and a Minister of another Australian jurisdiction; or\n\n(iii) a Victorian Minister and a Minister of another Australian jurisdiction; or\n\n(b) between the Secretary and a public sector body or public sector bodies, whether in Victoria or another Australian jurisdiction, made for the purposes of a national exchange of information relating to vehicles or drivers or to both;\n\n***law enforcement agency*** means—\n\n(a) Victoria Police or the police force or police service of another Australian jurisdiction;\n\n(b) any other body or person responsible for the performance of functions or activities directed to—\n\n(i) the prevention, detection, investigation, prosecution or punishment of offences against the laws of Victoria or another Australian jurisdiction; or\n\n(ii) the enforcement of infringement penalties (by whatever name they are known in the relevant jurisdiction) issued under a law of Victoria or another Australian jurisdiction; or\n\n(iii) the enforcement of the orders of a court;\n\n(c) a body or person authorised by a law of Victoria or another Australian jurisdiction to enforce a warrant;\n\n***Minister of another Australian jurisdiction*** means a Minister of the Crown in right of that jurisdiction;\n\n***relevant information*** means information—\n\n(a) that is collected or received by the Secretary in relation to the ZLEV charge; and\n\n(b) that identifies an individual or from which an individual's identity can be reasonably ascertained;\n\n***relevant person*** means—\n\n(a) an employee in the Department; or\n\n(b) a person who is a delegate or subdelegate of the Secretary; or\n\n(c) a person engaged to provide services for the Secretary;\n\n***transport legislation*** has the same meaning as in section 3 of the **Transport Integration Act 2010**;\n\n***Victorian Minister*** means a Minister of the Crown in right of Victoria.\n\n\t66 Authorised use or disclosure\n\n(1) Subject to section 67, the Secretary or a relevant person may use or disclose relevant information—\n\n(a) for the purpose of—\n\n(i) the following functions and activities when performed by the Secretary or a relevant person—\n\n(A) the administration of this Act or the regulations;\n\n(B) providing information of community interest or benefit; or\n\n(ii) research, or the compilation or analysis of statistics, conducted in the public interest, other than for publication in a form that identifies an individual or from which an individual's identity can be reasonably ascertained; or\n\n(iii) the exercise of a power or the performance of a function under transport legislation; or\n\n(iv) any legal proceeding—\n\n(A) arising out of this Act, the regulations or any other transport legislation; or\n\n(B) that otherwise relates to the performance of a road management function within the meaning of the **Road Management Act 2004** or to damage to infrastructure within the meaning of that Act resulting from a road accident—\n\nincluding anything done for the purposes of commencing any such proceeding or providing a report of any such proceeding; or\n\n(v) giving effect to an intergovernmental agreement; or\n\n(b) if the use or disclosure is reasonably necessary to lessen or prevent a serious threat to—\n\n(i) an individual's life, health, safety or welfare; or\n\n(ii) public health, safety or welfare; or\n\n(iii) the environment—\n\nwhether in or outside Victoria; or\n\n(c) for the purpose of dealing with exceptional circumstances in accordance with section 90L of the **Road Safety Act 1986**; or\n\n(d) with the consent of—\n\n(i) the individual to whom the information relates; or\n\n(ii) the authorised representative of that individual; or\n\n(e) for the purposes of one or more of the following functions and activities when undertaken by or on behalf of a law enforcement agency—\n\n(i) the prevention, detection, investigation, prosecution or punishment of offences of any kind;\n\n(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;\n\n(iii) the preparation for, or conduct of, proceedings before any court or enforcement of the orders of a court;\n\n(iv) the protection of public revenue;\n\n(v) the enforcement of infringement penalties (by whatever name they are known in the relevant jurisdiction); or\n\n(f) if the use or disclosure is otherwise required or authorised by law.\n\n(2) Section 90L of the **Road Safety Act 1986** applies for the purposes of subsection (1)(c) as if—\n\n(a) a reference in that section to relevant information included relevant information within the meaning of this Part; and\n\n(b) a reference in that section to a relevant person included a relevant person within the meaning of this Part.\n\n\t67 Information protection agreements\n\n(1) The Secretary or a relevant person must not disclose relevant information to a person or body under section 66(1)(a)(ii) or (iii) or (e), unless the person or body has first entered into an information protection agreement with the Secretary.\n\n(2) An information protection agreement must—\n\n(a) specify—\n\n(i) the purpose for which the information is proposed to be disclosed to the person or body; and\n\n(ii) the provision of this Act under which the Secretary is authorised to disclose the information; and\n\n(iii) the means by which the information will be provided by the Secretary; and\n\n(iv) the means by which the information will be protected by the person or body; and\n\n(v) how compliance with the terms of the agreement will be monitored and enforced by each party to the agreement; and\n\n(vi) the auditing arrangements; and\n\n(vii) the procedures for managing any breach of privacy; and\n\n(b) include an undertaking by the person or body that the information will be used or disclosed only for the purpose specified in the agreement.\n\n(3) An information protection agreement may include any other requirements, qualifications or conditions specified by the Secretary.\n\n(4) Subsection (1) does not apply if—\n\n(a) an information protection agreement is currently in force between the Secretary and the delegator, employer, contractor or principal of the person or body who has requested the relevant information; and\n\n(b) in making the request for the relevant information, the person or body is acting within the scope of their actual or apparent authority under the delegation, employment, contractual relationship or agency.\n\n(5) If a person or body requests relevant information other than for a purpose specified in subsection (1), the Secretary or a relevant person may require the person or body to first enter into an information protection agreement with the Secretary.\n\n(6) A person or body is not required to enter into an information protection agreement with the Secretary in relation to the use or disclosure of relevant information if—\n\n(a) the person or body is a relevant person; and\n\n(b) the relevant information is disclosed to the person or body in their capacity as a relevant person.\n\n\t68 Disclosure not mandatory\n\nNothing in this Part requires the Secretary or a relevant person to disclose relevant information.\n\n**Note**\n\nThe Secretary or a relevant person is entitled not to disclose relevant information in the absence of a legal obligation to disclose it.\n\n\t69 Freedom of Information Act 1982\n\n(1) A document which contains relevant information is an exempt document within the meaning of section 38 of the **Freedom of Information Act 1982**.\n\n(2) Subsection (1) does not limit the operation of section 38 of the **Freedom of Information Act 1982**.\n\n\t70 Offences regarding relevant information\n\n(1) The Secretary or a relevant person or a person who has been a relevant person must not use or disclose relevant information other than as authorised by this Part—\n\n(a) knowing that the use or disclosure is not so authorised; or\n\n(b) being reckless as to whether the use or disclosure is so authorised.\n\nPenalty: 120 penalty units or imprisonment for 12 months.\n\n(2) A person who obtains relevant information under an information protection agreement must not use or disclose that information other than in accordance with the information protection agreement—\n\n(a) knowing that the use or disclosure is not in accordance with the agreement; or\n\n(b) being reckless as to whether the use or disclosure is in accordance with the agreement.\n\nPenalty: 120 penalty units or imprisonment for 12 months.\n\n(3) A person, other than a person referred to in subsection (1) or (2), to whom relevant information has been disclosed as authorised by a provision under section 66, must not use or disclose that information other than in accordance with that provision—\n\n(a) knowing that the use or disclosure is not in accordance with that provision; or\n\n(b) being reckless as to whether the use or disclosure is in accordance with that provision.\n\nPenalty: 120 penalty units or imprisonment for 12 months.\n\n(4) A person who obtains relevant information other than as authorised under this Act must not use or disclose that information—\n\n(a) knowing that the information was obtained other than as authorised under this Act; or\n\n(b) being reckless as to whether the information was obtained as authorised under this Act.\n\nPenalty: 120 penalty units or imprisonment for 12 months.\n\nPart 7—General\n\nDivision 1—Service\n\n\t71 Service of documents on persons other than the Secretary\n\n(1) If under this Act or the regulations a document is required or permitted to be served on, issued to or given to a person (other than the Secretary), the document may be served, issued or given in or out of Victoria—\n\n(a) by delivering it personally to the person; or\n\n(b) by leaving it at the usual or last known place of residence or business of the person with a person apparently over the age of 16 years and apparently residing at that place or (in the case of a place of business) apparently in charge of or employed at that place; or\n\n(c) by sending it by post addressed to the person at the usual or last known place of residence or business of that person; or\n\n(d) if the person has given to the Secretary as the person's address an address that is not the person's place of residence or business, by sending it addressed to the person at that address; or\n\n(e) by sending it to a fax number or email address nominated by the person; or\n\n(f) by sending it by any other form of electronic communication nominated by the person; or\n\n(g) by notifying the person in accordance with subsection (2).\n\n(2) If—\n\n(a) a person nominates an electronic means (the ***nominated notification means***) by which the person may be notified that a document has been given to the person; and\n\n(b) the person nominates an electronic means (the ***nominated access means***) by which the person may access that document—\n\na document for the purposes of this Act may be served on, issued to or given to the person by giving the document to the person by the nominated notification means that states the document is available and how the person may use the nominated access means to access the document.\n\n**Example**\n\nA person may nominate to be notified by a mobile phone application that notifies the person that a document to the person is available to be accessed on a website maintained by the Department.\n\n(3) If a fax or email or other form of electronic communication is received after 4.00 p.m. on any day, it is taken to have been received on the next business day.\n\n(4) A document served or given by post to a person at an authorised address (within the meaning of section 163A of the **Infringements Act 2006**) and returned undelivered to its sender is deemed to be served 7 days after the date specified in the document as the date of the document, despite it being returned to the sender as undelivered.\n\n(5) Despite subsection (4), if—\n\n(a) a document is returned undelivered; and\n\n(b) the person to whom the document was sent demonstrates to the satisfaction of the Secretary that the person could not reasonably be expected to have received the document—\n\nthe Secretary must treat the document as not having been served effectively on the person.\n\n(6) A person's residential address or address for the service of documents (including an electronic address) recorded against the person in any record maintained by the Secretary may be updated on the basis of notification by a third party and, for the purposes of subsection (4), is taken to be an authorised address of the person if the Secretary is satisfied that—\n\n(a) the third party is a credible source of that information; and\n\n(b) the information is likely to be up-to-date.\n\n**Examples**\n\nNotification given by a court, the Sheriff's Office, Victoria Police or any other enforcement agency.\n\n\t72 Service of documents on the Secretary\n\nIf under this Act or the regulations a document is required or permitted to be served on, given to or lodged with the Secretary, the document may be served, given or lodged—\n\n(a) by delivering it personally to the principal office of the Department; or\n\n(b) by sending it by post addressed to the Secretary at the principal office of the Department; or\n\n(c) by a means indicated by the Secretary as being an available means of service (such as by lodgement on a website maintained by the Department or by other means of electronic communication); or\n\n(d) by leaving it with a person who has authority to accept documents on the Secretary's behalf.\n\nDivision 2—Evidentiary provisions\n\n\t73 Presumption of regularity as to issue of documents\n\nA document or a copy of a document bearing the written, printed or stamped signature or name of the Secretary or a person described in the document as a delegate of the Secretary is admissible in legal proceedings under this Act and, in the absence of evidence to the contrary, is proof that—\n\n(a) the document has been issued by the Secretary; and\n\n(b) all requirements for the issuing of the document have been complied with.\n\n\t74 Evidence of invoice\n\nProduction of an invoice, or of a document signed by the Secretary purporting to be an invoice, is admissible in evidence in legal proceedings under this Act and, in the absence of evidence to the contrary, is proof—\n\n(a) of the due issuing of the invoice; and\n\n(b) that the person named in the invoice as the registered operator of the ZLEV to which the invoice relates is the registered operator of the ZLEV and is liable to pay the ZLEV charge in the invoice; and\n\n(c) the ZLEV charge stated in the invoice has been determined correctly; and\n\n(d) all other details in the invoice are correct.\n\n\t75 Certificate evidence\n\nA certificate signed by the Secretary that states any of the following matters is admissible in legal proceedings under this Act and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate—\n\n(a) that the person named in the certificate is liable to pay the amount of a ZLEV charge and interest (if any) stated in the certificate;\n\n(b) that a determination of the amount of a ZLEV charge and interest (if any) has been made in relation to circumstances specified in the certificate;\n\n(c) that the amount of a ZLEV charge and interest (if any) specified in the certificate is payable by a person named in the certificate or has been paid in whole or in part by or on behalf of a person so named;\n\n(d) that a document specified in the certificate was delivered to, left with, sent to or notified to a person named in the certificate on a day specified in the certificate;\n\n(e) that a declaration required by or under this Act has been, or has not been, lodged by or on behalf of a person named in the certificate on or as at a day specified in the certificate;\n\n(f) that a person named in the certificate is, or was, an authorised officer on the date specified in the certificate.\n\n\t76 Copies of and extracts from documents\n\nA document signed by the Secretary purporting to be a copy of, or an extract from, an invoice or other document issued under this Act is admissible in legal proceedings under this Act without production of the original.\n\nDivision 3—Miscellaneous\n\n\t77 Appropriation of Consolidated Fund\n\nIf the Secretary is authorised or required to pay an amount by or under this Act, the amount is to be paid from the Consolidated Fund which is appropriated by this section to the necessary extent.\n\n\t78 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstances;\n\n(c) confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies;\n\n(d) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—\n\n(i) whether unconditionally or on specified conditions; and\n\n(ii) either wholly or to any extent that is specified;\n\n(e) apply, adopt or incorporate any matter contained in any document whether—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as in force at a particular time; or\n\n(iii) as in force from time to time;\n\n(f) impose a penalty not exceeding 20 penalty units for a contravention of the regulations.\n\nPt 8 (Heading and ss 79–81) repealed by No. 18/2021 s. 81.\n\n* * * * *\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 18 March 2021*\n\n*Legislative Council: 6 May 2021*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to require registered operators of zero and low emission vehicles to pay a charge for use of the vehicles on certain roads and for other purposes.\"\n\nThe **Zero and Low Emission Vehicle Distance-based Charge Act 2021** was assented to on 1 June 2021 and came into operation on 1 July 2021: section 2.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Zero and Low Emission Vehicle Distance-based Charge Act 2021** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Zero and Low Emission Vehicle Distance-based Charge Act 2021, No. 18/2021**\n\n| *Assent Date:* | 1.6.21 |\n| --- | --- |\n| *Commencement Date:* | S. 81 on 1.7.21: s. 2 |\n| *Note:* | S. 81 repealed Pt 8 (ss 79–81) on 1.7.22 |\n| *Current State:* | This information relates only to the provision/s amending the **Zero and Low Emission Vehicle Distance-based Charge Act 2021** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act was effectively rendered inoperative following the High Court's 2023 decision in Vanderstock v Victoria, which found the charge unconstitutional as it amounted to an excise duty under section 90 of the Australian Constitution — a power reserved exclusively for the Commonwealth. This means the law's practical scope shifted dramatically from a functioning road-user charge regime to a nullified instrument, well beyond what the Victorian Parliament would have anticipated when drafting it."},"complexity_factors":["Novel policy area with no direct Australian legislative precedent at the time","Requires understanding of the distinction between zero-emission and low-emission vehicles and their respective charge rates","Interaction with Commonwealth constitutional law regarding excise duties (section 90 of the Constitution)","Relies on odometer-based reporting and compliance mechanisms that create administrative obligations for vehicle owners","Limited legislative text provided in this excerpt makes full technical assessment difficult, but the underlying policy involves multiple definitional and administrative layers","Interplay with existing vehicle registration and road funding frameworks"],"plain_english_summary":"## Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Victoria)\n\nThis Victorian law introduces a **road user charge** specifically targeting electric vehicles (EVs) and other low-emission vehicles. Here's what it means for you:\n\n**What it does:**\n- Owners of zero-emission vehicles (like fully electric cars) and low-emission vehicles (like plug-in hybrids) must pay a charge based on how far they drive — essentially a **pay-per-kilometre tax** for using Victorian roads.\n- This replaces the revenue that would traditionally come from fuel excise (the tax built into petrol and diesel prices) — since EV drivers don't buy fuel, they don't pay that tax indirectly.\n\n**Who it affects:**\n- Anyone in Victoria who owns or drives a registered electric or plug-in hybrid vehicle.\n- Pure electric vehicle owners pay a higher per-kilometre rate than plug-in hybrid owners (who still use some petrol).\n\n**Why it matters:**\n- As more Australians switch to EVs, governments lose fuel excise revenue used to fund roads. This law attempts to ensure EV drivers contribute to road maintenance costs.\n- Critics argue it **penalises** environmentally friendly vehicle choices and makes EVs less attractive at a time when uptake is being encouraged.\n- This was a **world-first** type of legislation when introduced, making Victoria an early mover on this policy.\n- **Note:** This law was subsequently challenged in the High Court of Australia (*Vanderstock v Victoria* [2023]), which ruled it **unconstitutional** as it effectively operated as an excise duty — a type of tax only the Commonwealth government can impose. This is significant context for understanding the law's real-world impact."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of imposing a distance-based charge on zero and low emission vehicles to replace lost fuel excise revenue. While the 2022 amendments (Version 002) repealed Part 8 (which contained transitional provisions for the first registration period), this was a technical cleanup of spent provisions rather than an expansion of scope. The core mechanism—charging EVs per kilometre with registration suspension as enforcement—remains unchanged from the original intent."},"complexity_factors":["Multiple defined terms (25+ definitions in section 3) including technical vehicle classifications (electric vehicle, hydrogen vehicle, plug-in hybrid) and legal concepts (specified road, registered operator)","Complex indexation formula in section 9 with CPI calculations, rounding rules to 4 decimal places, and anti-reduction safeguards","Nested conditional logic for declarations: initial vs subsequent declarations with different triggers (registration anniversary, transfer, Secretary's notice)","Cross-references to at least 6 other Acts (Road Safety Act 1986, Road Management Act 2004, Heavy Vehicle National Law, etc.)","Multi-layered enforcement mechanism: invoice → interest → suspension → cancellation → reinstatement/revocation pathways","Detailed privacy regime in Part 6 with information protection agreements, authorised representatives, and multiple offence provisions with knowledge/recklessness mental elements","Dual objection pathways (Division 1 for invoices, Division 2 for registration sanctions) with different time limits (60 days vs 28 days)","Evidentiary presumptions in Division 2 of Part 7 that shift burdens of proof in legal proceedings"],"plain_english_summary":"**What this law does:**\n\nThis is a Victorian law that creates a **road user charge for electric and hydrogen vehicles** (called \"Zero and Low Emission Vehicles\" or ZLEVs). Since these vehicles don't buy petrol or diesel, they don't pay the fuel excise that traditionally funds road maintenance. This law makes sure their owners contribute to road upkeep by charging them based on how many kilometres they drive.\n\n**Who it affects:**\n\n*   **Owners of electric cars, hydrogen cars, and plug-in hybrids** registered in Victoria.\n*   **Not affected:** Motorcycles, heavy trucks, mobile plant (like tractors and concrete pumps), and vehicles the Minister specifically excludes.\n\n**How it works:**\n\n*   **The charge:** As of 2021, it's **2.5 cents per kilometre** for fully electric and hydrogen vehicles, and **2.0 cents per kilometre** for plug-in hybrids. This rate goes up each year with inflation (CPI), unless the Minister decides to freeze it.\n*   **Reporting:** Owners must submit declarations showing their odometer readings. The first one is due within 14 days of registration or 1 July 2021 (whichever applies). After that, they submit declarations at least every 12 months, or when selling the car.\n*   **Calculation:** The Secretary calculates the charge based on total kilometres driven minus any kilometres driven off public roads (like on private property).\n*   **Payment:** The Secretary sends an invoice, which must be paid within at least 14 days. Interest applies to late payments.\n\n**Enforcement and penalties:**\n\n*   If you don't submit declarations or pay, the Secretary can **suspend your car's registration** (making it illegal to drive). If you still don't comply, they can **cancel the registration entirely**.\n*   There are fines for false information, failing to keep records (5 years), and failing to present your car for inspection if asked.\n*   **Privacy protections:** The law includes strict rules about how your personal and vehicle data can be used, shared only with specific government agencies under agreements, with criminal penalties for unauthorised disclosure.\n\n**Dispute process:**\n\n*   Owners can **object** to invoices or suspension/cancellation decisions. If unhappy with the outcome, they can seek a **review by VCAT** (Victorian Civil and Administrative Tribunal).\n\n**Why it matters:**\n\nThis law ensures that as Victoria transitions to cleaner transport, road funding remains stable. It prevents a situation where petrol car drivers subsidise road maintenance for electric car drivers, while ensuring EV owners pay their fair share for road use."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's scope, as enacted in the supplied text, is to impose a distance‑based charge on registered operators of ZLEVs for use on specified roads, subject to defined exclusions and Ministerial determinations (s1; s3–4). It applies to the Crown and extends to the full extraterritorial extent of the Parliament's power including use outside Victoria (s5–6). The Act equips the Secretary with administrative, enforcement and information‑sharing powers and provides objection and review pathways (s15–17; s29–39; s40–56; s66–67). Nothing in the supplied text indicates a change from that original, enumerated scope."},"complexity_factors":["Interplay of multiple operational streams: declarations, invoicing, objections, revisions, inspections and registration suspension/cancellation (Parts 2–5).","Discretion concentrated in the Secretary (estimates, waivers, suspensions, information sharing) balanced with statutory safeguards and review routes (s15–17; s26–34; s40–56).","Rate indexation formula with rounding and anti‑reduction clauses plus Ministerial power to suspend indexation (s8–9).","Record‑keeping and evidentiary rules (odometer evidence, 5‑year retention) with significant penalties for false or misleading information (s10–11; s62–64).","Data governance regime requiring information protection agreements, exemption from FOI and criminal sanctions for misuse (s66–70; s67).","Recovery and enforcement mechanics that keep invoices payable while objections or reviews proceed (s57; s58), creating interim legal and cash‑flow consequences.","Extraterritorial application and Ministerial ability to declare excluded vehicle classes add scope and drafting complexity (s4; s6)."],"plain_english_summary":"What this law does, mechanically\n\n- It creates a distance‑based charge that the registered operator of a zero or low emission vehicle (ZLEV) must pay for use of the vehicle on \"specified roads\" (purpose and imposition: s1; s7). ZLEVs are electric vehicles, hydrogen vehicles and plug‑in hybrids as defined (s3). Some vehicles may be excluded by Ministerial determination (s4).\n\n- The initial per‑kilometre rates are set for the 2021–22 year: 2.5 cents/km for electric and hydrogen vehicles, and 2.0 cents/km for plug‑in hybrids (s8). For later years the rate is indexed to the Melbourne all groups CPI with rounding and a floor against reductions; the Minister may also determine that indexation not apply for a year (s9).\n\n- Registered operators must lodge an initial declaration (giving odometer reading and evidence) soon after registration or by 14 days after 1 July 2021, and subsequent declarations at prescribed times (initial and subsequent declarations: s10–11). Evidence types may be prescribed by regulation and must be kept for at least five years (s10–11; s63).\n\n- The Secretary (of the Department of Transport) determines each operator's ZLEV charge using a formula that multiplies the applicable rate by the distance travelled on specified roads (s15). The Secretary generally uses the operator's declarations but may require further information (s16), may estimate or determine the charge from other available information if a declaration is missing, insufficient or thought false (s15(2)–(3); s17), and may assume all travel was on specified roads unless evidence shows otherwise (s15(3)).\n\n- After calculating a charge, the Secretary issues an invoice that must state the calculated amount, the due date (at least 14 days out), the calculation method and any outstanding interest (s18). The registered operator must pay by the due date by any means approved by the Secretary (s19).\n\n- The Secretary can revise invoices within 5 years in specified circumstances (including to give effect to an objection or review), cancel invoices, waive whole or part of charges or remit interest (s20–21; s26–27). Overpayments must be refunded (s28).\n\n- If an operator does not comply with declaration, payment or inspection requirements, the Secretary may suspend or, after further notice, cancel the vehicle's registration (s29–35). Suspension and cancellation are exercised by written notice setting out reasons, required actions and minimum timeframes for compliance (s30; s35; s36). The Secretary can reinstate or revoke suspensions or cancellations (s32–34; s38–39).\n\n- The Act provides an objection and review process. Operators may object to an invoice or to suspension/cancellation on specified grounds (s40; s43). The Secretary considers objections, may request further information and must give written reasons if disallowing an objection (s45–52). An operator can seek review by VCAT and the Secretary must give effect to review decisions (s54–56). Notably, invoices remain payable and recoverable and suspensions remain in effect while objections or reviews are pending (s57).\n\n- Enforcement tools include recovery of unpaid charges as a debt in court (s58), authorised officers and powers to require presentation of a ZLEV for inspection to take odometer readings and verify identity (s59–61), and record‑keeping obligations with penalties for non‑compliance or for false or misleading information (s62–64). Failure to comply with an inspection notice carries monetary penalties (s60).\n\n- The Act sets rules for use and disclosure of information collected for the ZLEV charge (\"relevant information\"). The Secretary may use or disclose such information for specified administrative, legal, research, intergovernmental, enforcement and safety purposes (s66). Many disclosures require a written information protection agreement specifying purpose, handling, auditing and breach procedures (s67). Relevant information is an exemption under the Freedom of Information Act (s69), and the Act creates criminal penalties for unauthorised use or disclosure (s70).\n\nWho pays, who decides, and what changes in behaviour are produced by the law\n\n- Who pays: the registered operator of a ZLEV (s3, s7). The Act treats unpaid charges and interest as debts recoverable by the Secretary (s58).\n\n- Who decides and exercises discretion: the Secretary performs core administrative decisions — issuing forms, determining charges (including estimating where information is lacking), issuing invoices, requesting further information, waiving or remitting charges or interest, and suspending, revoking or reinstating registration (s15–17; s18–21; s26–34; s38–39). The Minister may determine excluded vehicles and may, after consulting the Treasurer, determine that indexation not apply for a financial year (s4; s9(5)). The regulations (made by Governor in Council) may prescribe evidence types and other operational rules (s78).\n\n- Behavioural channels created by the law (mechanisms, not judgments):\n  - Operators must record odometer readings and retain evidence, which creates a record‑keeping and administrative cost (s10–11; s62–63).\n  - Because the Secretary may assume all travel occurred on specified roads absent contrary evidence (s15(3)), operators have an incentive to provide evidence that some distance was off‑specified roads if that reduces the charge (s15; s11).\n  - Failure to lodge declarations, pay invoices or present vehicles for inspection can lead to suspension and cancellation of vehicle registration — a legal enforcement lever that directly affects the ability to lawfully use the vehicle (s29–37).\n  - The Secretary's powers to estimate charges, to require information and to enter into information protection agreements concentrate operational discretion in the Department and create compliance and administrative tasks for counterparties (s16–17; s67).\n\nCosts, incentives, trade‑offs and implementation elements to watch (mechanistic observations with section citations)\n\n- Direct cost to registered operators: a per‑kilometre statutory charge is imposed and recoverable as a state debt (s7; s8; s58). That is an explicit, recurring private cost tied to road use on specified roads.\n\n- Administrative and compliance burden on operators: mandatory initial and periodic declarations with evidence, 5‑year record retention, potential inspections and penalties for false or missing records (s10–11; s62–63; s60; s64). These are recurring obligations an operator must manage.\n\n- Bureaucratic discretion and estimation risk: the Secretary can estimate charges and assume travel on specified roads where evidence is missing, and can waive or remit charges or interest in the Secretary's discretion (s15(2)–(3); s17; s26–27). Those powers determine outcomes where records are incomplete or disputed.\n\n- Enforcement path and interim effect of objections: invoices remain payable and recoverable and suspensions remain in force while objections or reviews proceed (s57). This mechanism shifts the immediate cash‑flow and registration consequences to operators even where liability is disputed.\n\n- Data governance and privacy trade‑offs: the Secretary can share relevant information for a range of functions (administration, research, enforcement, intergovernmental cooperation) but many disclosures require formal information protection agreements and the Act creates criminal penalties for unauthorised use or disclosure (s66–67; s70). Also, relevant information is exempt from Freedom of Information Act disclosure (s69).\n\n- Geographic and entity scope features: the Act applies to specified roads as defined (s3) and is stated to operate to the full extent of Victoria’s extraterritorial legislative power, including use of ZLEVs outside Victoria (s6). The Crown is bound by the Act (s5).\n\n- Rate‑setting and predictability: the rate is statutorily specified for the first year and indexed thereafter using a defined CPI formula and rounding rules (s8–9). A Ministerial determination can freeze indexation before a financial year after consulting the Treasurer (s9(5)–(6)).\n\nImplementation risk and opportunity costs (mechanical observations)\n\n- Implementation requires systems to receive declarations, validate odometer evidence, calculate and invoice charges, handle objections and refunds, manage inspections and protect and share data under information protection agreements (s10–19; s45–56; s60–67). These are administrative tasks the Department must resource.\n\n- The Act concentrates many operational judgements in the Secretary (estimates, waivers, suspensions, data sharing agreements), so the consistency and transparency of administrative practice will affect operators' compliance costs and dispute outcomes (s15–17; s26–34; s67).\n\nSummary statement of purpose claim and mechanistic test\n\n- The Act's stated purpose is to require registered operators of ZLEVs to pay a charge for use of the vehicles on certain roads (s1). Mechanically, it achieves that by: defining ZLEVs and specified roads (s3), setting per‑kilometre rates and indexation rules (s8–9), requiring odometer‑based declarations and evidence (s10–11) and giving the Secretary powers to determine charges, invoice, collect and enforce payment and to suspend or cancel registration for non‑compliance (s15–21; s29–39). The Act also establishes information handling rules and sanctions (s65–70).\n\nKey sections cited: purpose and imposition (s1; s7); definitions and scope (s3–6); rates and indexation (s8–9); declarations and evidence (s10–13; s63); calculation and estimation (s15–17); invoices and payments (s18–21); enforcement, suspension and cancellation (s29–39; s58); objections and review (s40–56); data use and protections (s66–70)."}},"importantCases":[],"_links":{"self":"/api/acts/zero-and-low-emission-vehicle-distance-based-charge-act-2021","history":"/api/acts/zero-and-low-emission-vehicle-distance-based-charge-act-2021/history","analysis":"/api/acts/zero-and-low-emission-vehicle-distance-based-charge-act-2021/analysis","conflicts":"/api/acts/zero-and-low-emission-vehicle-distance-based-charge-act-2021/conflicts","importantCases":"/api/acts/zero-and-low-emission-vehicle-distance-based-charge-act-2021/important-cases","documents":"/api/acts/zero-and-low-emission-vehicle-distance-based-charge-act-2021/documents"}}