{"id":"sr:zero-and-low-emission-vehicle-distance-based-charge-regulations-2021","name":"Zero and Low Emission Vehicle Distance-based Charge Regulations 2021","slug":"zero-and-low-emission-vehicle-distance-based-charge-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181457,"registerId":"vic-sr:zero-and-low-emission-vehicle-distance-based-charge-regulations-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 Regulations 2021","content":"Version No. 001\n\n**Zero and Low Emission Vehicle Distance-based Charge Regulations 2021**\n\n**S.R. No. 76/2021**\n\nVersion as at  \n1 July 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definitions 1\n\n5 Waiver of first ZLEV charge payable by dealers 2\n\n═════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Amendments Not in Operation 6\n\n4 Explanatory details 7\n\n**Version No.** **001**\n\n**Zero and Low Emission Vehicle Distance-based Charge Regulations 2021**\n\n**S.R. No. 76/2021**\n\nVersion as at  \n1 July 2021\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe circumstances in which the 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\t2 Authorising provision\n\nThese Regulations are made under section 78 of the **Zero and Low Emission Vehicle Distance‑based Charge Act 2021**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 July 2021.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***dealer***  means a  ***licensed motor car trader*** within the meaning of the **Motor Car Traders Act 1986**;\n\n***the Act***  means the **Zero and Low Emission Vehicle Distance-based Charge Act 2021**.\n\n\t5 Waiver of first ZLEV charge payable by dealers\n\nFor the purposes of section 27(a) of the Act, the Secretary may waive the amount of the first ZLEV charge payable by a registered operator of a ZLEV who is a dealer for up to 1500 kilometres travelled by the ZLEV on specified roads to which the charge applies, if the dealer has lodged the declarations required by sections 10 and 11 of the Act in relation to the ZLEV.\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\nThe Zero and Low Emission Vehicle Distance-based Charge Regulations 2021, S.R. No. 76/2021 were made on 29 June 2021 by the Governor in Council under section 78 of the **Zero and Low Emission Vehicle Distance-based Charge Act 2021**, No. 18/2021 and came into operation on 1 July 2021: regulation 3.\n\nThe Zero and Low Emission Vehicle Distance-based Charge Regulations 2021 will sunset 10 years after the day of making on 29 June 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule 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 a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Zero and Low Emission Vehicle Distance-based Charge Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The scheme's practical scope was dramatically curtailed by the High Court's 2023 decision in Vanderstock v Victoria, which struck down the charge as unconstitutional. What began as a novel road-user charging mechanism for EV owners became effectively unenforceable, representing a significant departure from the original intent of creating a sustainable funding mechanism for road infrastructure from zero-emission vehicle users."},"complexity_factors":["Interaction between state and federal constitutional powers (excise duty provisions) creates significant legal complexity around validity","Requires understanding of how the charge is calculated and reported, which involves technical odometer/record-keeping obligations","Limited substantive content available in the provided text — the document appears to be a metadata/version history shell rather than the full regulatory text, making complete analysis difficult","Overlap with existing Commonwealth fuel excise framework requires careful interpretation","The constitutional invalidity finding adds a layer of legal uncertainty for affected vehicle owners"],"plain_english_summary":"These Victorian regulations sought to impose a per-kilometre charge on zero and low emission vehicles (EVs, hydrogen and plug‑in hybrids), requiring owners to record and report odometer readings so they contribute to road funding that petrol excise historically provided. It would have affected any Victorian driver of an affected vehicle. The scheme’s operation was disrupted by the High Court’s decision in Vanderstock v Victoria, which held it unconstitutional as an excise."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations remain tightly focused on their original purpose: providing a narrow waiver mechanism for car dealers' initial vehicle usage. The scope has not expanded beyond the specific administrative detail contemplated by section 78 of the parent Act."},"complexity_factors":["Only 5 substantive regulations total","Just 2 defined terms ('dealer' and 'the Act')","Single operational provision (regulation 5) with straightforward conditional logic","No cross-references beyond the parent Act and one reference to the Motor Car Traders Act 1986","No nested exceptions or complex formulae","Minimal procedural requirements (lodgement of declarations under sections 10 and 11 of the Act)"],"plain_english_summary":"This is a short set of rules (called 'Regulations') made under Victorian law that gives car dealers a specific tax break on electric and low-emission vehicles.\n\n**What it does:**\n- Victoria charges owners of Zero and Low Emission Vehicles (ZLEVs) a fee based on how many kilometres they drive on public roads (this is the 'ZLEV charge').\n- These Regulations allow the Secretary (a senior government official) to **waive** (cancel or reduce) the first ZLEV charge that a car dealer would otherwise have to pay.\n\n**Who gets the break:**\n- Only **licensed motor car traders** (car dealers) can apply for this waiver.\n- The waiver applies only to the **first** charge and only for up to **1,500 kilometres** of driving on roads where the charge applies.\n- To get the waiver, the dealer must have submitted the required declarations under the main Act.\n\n**Why it matters:**\n- Car dealers often need to drive vehicles for test drives, demonstrations, or to move stock between dealerships. Without this waiver, they'd have to pay the road user charge even though these aren't personal trips.\n- This prevents dealers from being unfairly taxed on business-related driving before the vehicle is sold to a private owner."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulations implement a narrowly circumscribed waiver power as originally made: permitting the Secretary to waive the first ZLEV charge for dealers up to 1,500 km when required declarations are lodged (reg 5). The instrument commenced 1 July 2021 and, per the endnotes, contains no subsequent amendments and will sunset after 10 years (reg 3; Endnotes)."},"complexity_factors":["Single operative provision narrowly framed: waiver of first ZLEV charge up to 1,500 km (reg 5).","Delegated discretion to the Secretary to grant waivers, requiring administrative decision-making (reg 5; authorising provision reg 2 referencing s.78 of the Act).","Compliance condition attaches to lodging declarations under the Act (reg 5 referring to ss.10 and 11 of the Act), creating procedural requirements for dealers.","Cross‑statute definitions increase interpretive steps: ‘dealer’ defined by reference to the Motor Car Traders Act 1986 (reg 4).","Dependence on the Act for substantive rules (reg 5’s reference to s.27(a) of the Act) means users must read both instruments together.","Operational complexity in measuring entitlement: waiver applies to kilometres ‘travelled by the ZLEV on specified roads to which the charge applies’ (reg 5), requiring distance monitoring and road‑specification handling.","Temporal framing: immediate commencement date (1 July 2021) and a statutory sunset noted in endnotes (10 years) affect planning and review (reg 3; Endnotes).","Overall brevity reduces legal complexity, but the cross-references create modest interpretive and administrative burden."],"plain_english_summary":"These Regulations allow the Secretary to waive all or part of the first distance-based charge for a zero or low emission vehicle (ZLEV) when the registered operator is a dealer who has lodged the required declarations. The waiver covers up to 1,500 kilometres on roads subject to the charge, creating an administrative discretion and a dealer-facing compliance requirement for declarations and distance tracking."}},"importantCases":[],"_links":{"self":"/api/acts/zero-and-low-emission-vehicle-distance-based-charge-regulations-2021","history":"/api/acts/zero-and-low-emission-vehicle-distance-based-charge-regulations-2021/history","analysis":"/api/acts/zero-and-low-emission-vehicle-distance-based-charge-regulations-2021/analysis","conflicts":"/api/acts/zero-and-low-emission-vehicle-distance-based-charge-regulations-2021/conflicts","importantCases":"/api/acts/zero-and-low-emission-vehicle-distance-based-charge-regulations-2021/important-cases","documents":"/api/acts/zero-and-low-emission-vehicle-distance-based-charge-regulations-2021/documents"}}