1Zero and Low Emission Vehicle Distance-based Charge Act 2021

Version No. 002 **Zero and Low Emission Vehicle Distance-based Charge Act 2021** **No. 18 of 2021** Version incorporating amendments as at 1 July 2022 **TABLE OF PROVISIONS** *Section Page* Part 1—Preliminary 1 1 Purpose 1 2 Commencement 1 3 Definitions 1 4 Excluded vehicles 5 5 Act binds the Crown 5 6 Extraterritorial operation 5 Part 2—Zero and low emission vehicle distance-based charge 6 Division 1—Imposition and rate of charge 6 7 Imposition of charge 6 8 Rate of charge 6 9 Indexation of rate 6 Division 2—Registered operator declarations 8 10 Initial declaration by registered operator 8 11 Subsequent declarations by registered operator 9 12 Notice to lodge declaration 10 13 Secretary may extend lodgement period 11 14 Secretary may waive requirement for declaration 11 Division 3—Determination of ZLEV charge 11 15 Secretary to determine amount of ZLEV charge 11 16 Further information 12 17 Determination of amount of charge in absence of declaration or sufficient information or evidence 13 Division 4—Invoices and payment 14 18 Issue of invoices 14 19 Payment of invoices 14 20 Revision of invoices 14 21 Cancellation of invoices 15 22 Validity of invoices 16 Division 5—Interest 16 23 Interest in respect of unpaid amounts 16 24 Minimum amount of interest 16 25 Interest rate to prevail over interest otherwise payable on a judgment debt 17 26 Remission of interest 17 Division 6—Waiver and refunds 17 27 Secretary may waive amounts of ZLEV charge 17 28 Secretary must refund overpayments 17 Part 3—Suspension and cancellation of registration 19 Division 1—Suspension of registration 19 29 Suspension of registration 19 30 Notice of suspension 19 31 Effect of suspension 20 32 Secretary must lift suspension in certain circumstances 21 33 Secretary may lift suspension 22 34 Secretary may revoke suspension 22 Division 2—Cancellation of registration 22 35 Cancellation of registration 22 36 Notice of cancellation 23 37 Obligation of registered operator if registration cancelled 23 38 Secretary may reinstate registration 24 39 Secretary may revoke cancellation of registration 24 Part 4—Objections and reviews 25 Division 1—Objection to invoice 25 40 Objection to invoice 25 41 Effect on objection if there is a revised invoice issued before objection is decided 25 42 Time for lodging objection 25 Division 2—Objection to decision to suspend or cancel registration 26 43 Objection to decision to suspend or cancel registration 26 44 Time for lodging objection 26 Division 3—Additional information and suspension of decision on objections 27 45 Secretary may request additional information for the purpose of deciding objection 27 46 Objection lapses if there is non-compliance with an additional information notice 27 47 Suspension of decision on objection on giving additional information notice 28 48 Suspension of decision on objection at request of objector 28 Division 4—Decision on objections 28 49 Onus of proof on objection 28 50 Decision on objection 28 51 Secretary must inform VCAT of certain decisions on objections 29 52 Notice of decision on objection 29 53 Payment of interest following decision on objection 29 Division 5—Review of decisions on objections 29 54 Right of review by VCAT 29 55 Onus on review 30 56 Giving effect to decision on review 30 Division 6—Miscellaneous 30 57 Recovery of ZLEV charge and suspension of registration pending decision on objection or review 30 Part 5—Enforcement 32 Division 1—Recovery of ZLEV charge and interest 32 58 ZLEV charge and any interest are debts recoverable by Secretary 32 Division 2—Inspection of ZLEVs 32 59 Authorised officers 32 60 Secretary may require inspection of ZLEVs for the purposes of taking odometer readings and verifying the identity of ZLEVs 32 61 Inspection of ZLEVs 33 Division 3—Record keeping 34 62 Registered operator to keep records and evidence 34 63 Period of retention 34 64 False or misleading information 34 Part 6—Use and disclosure of information 36 65 Interpretation 36 66 Authorised use or disclosure 39 67 Information protection agreements 41 68 Disclosure not mandatory 43 69 Freedom of Information Act 1982 43 70 Offences regarding relevant information 43 Part 7—General 46 Division 1—Service 46 71 Service of documents on persons other than the Secretary 46 72 Service of documents on the Secretary 48 Division 2—Evidentiary provisions 49 73 Presumption of regularity as to issue of documents 49 74 Evidence of invoice 49 75 Certificate evidence 50 76 Copies of and extracts from documents 50 Division 3—Miscellaneous 51 77 Appropriation of Consolidated Fund 51 78 Regulations 51 ═════════════ Endnotes 53 1 General information 53 2 Table of Amendments 55 3 Explanatory details 56 **Version No.** **002** **Zero and Low Emission Vehicle Distance-based Charge Act 2021** **No. 18 of 2021** Version incorporating amendments as at 1 July 2022 **The Parliament of Victoria enacts:** Part 1—Preliminary 1 Purpose The purpose of this Act is to require registered operators of zero and low emission vehicles to pay a charge for use of the vehicles on certain roads. 2 Commencement This Act comes into operation on 1 July 2021. 3 Definitions In this Act— ***additional information notice***—see section 45; ***authorised officer*** means an authorised officer appointed for the purposes of this Act under section 59; ***business day*** means a day other than a Saturday, a Sunday or a public holiday appointed under the **Public Holidays Act 1993**; ***current registration period***, in relation to a ZLEV, means the current period for which the ZLEV is registered; ***declaration*** means a declaration under section 10 or 11; ***Department*** means Department of Transport; ***electric vehicle*** means a motor vehicle that— (a) uses one or more electric motors for propulsion; and (b) is fuelled from an off-vehicle electrical power source, a battery or an electric generator; and (c) is not fitted with an internal combustion engine that provides— (i) propulsion; or (ii) a fuel source for an electric propulsion system; ***excluded vehicle*** means— (a) mobile plant; or (b) a motor cycle within the meaning of the **Road Safety Act 1986**; or (c) a heavy vehicle; or (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; ***heavy vehicle*** has the same meaning as in the Heavy Vehicle National Law (Victoria); ***hydrogen vehicle*** means a motor vehicle that— (a) uses one or more electric motors for propulsion; and (b) is fuelled from a hydrogen fuel cell; and (c) is not fitted with an internal combustion engine that provides— (i) propulsion; or (ii) a fuel source for an electric propulsion system; ***initial declaration*** means a declaration under section 10; ***invoice*** means an invoice issued under section 18 or a revised invoice issued under section 20; ***mobile plant*** means a motor vehicle, including a tractor, that— (a) is not a heavy vehicle; and (b) is not designed solely for carrying passengers; and (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 (d) is not a tow truck within the meaning of the **Accident Towing Services Act 2007**; ***motor vehicle*** has the same meaning as in section 3(1) of the **Road Safety Act 1986**; ***notice of cancellation*** means a notice given under section 36; ***notice of suspension*** means a notice given under section 29(1); ***objection***—see section 40 or 43; ***objector*** means a registered operator who lodges an objection under section 40 or 43; ***plug-in hybrid electric vehicle*** means a motor vehicle that— (a) uses one or more electric motors for propulsion; and (b) is fuelled from an off-vehicle electrical power source, a battery, a fuel cell or an electric generator; and (c) is fitted with an internal combustion engine that provides— (i) propulsion; or (ii) a fuel source for an electric propulsion system; ***registered***, in relation to a ZLEV, means registered under Part 2 of the **Road Safety Act 1986**; ***registered operator***, in relation to a ZLEV that is or has been used on a specified road, means the person who is or was the registered operator (within the meaning of the **Road Safety Act 1986**) of the ZLEV when it is or was used on the road; ***Secretary*** means Secretary to the Department; ***specified road*** means— (a) a public road within the meaning of the **Road Management Act 2004**; or (b) a road related area within the meaning of the **Road Safety Act 1986**; or (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 (d) a highway at common law outside Victoria; or (e) a road within the meaning of the **Road Management Act 2004**, other than a private road, prescribed by the regulations; ***vehicle identifier*** has the same meaning as in section 3(1) of the **Road Safety Act 1986**; ***ZLEV*** means any of the following that is not an excluded vehicle— (a) an electric vehicle; (b) a hydrogen vehicle; (c) a plug-in hybrid electric vehicle; ***ZLEV charge*** means the charge imposed by section 7. 4 Excluded vehicles (1) The Minister may determine either or both of the following— (a) a motor vehicle as an excluded vehicle; (b) a class of motor vehicles as a class of excluded vehicles. (2) The Minister must cause a determination under this section to be published in the Government Gazette. (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. 5 Act binds the Crown This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 6 Extraterritorial operation (1) This Act applies within and outside Victoria to the full extent of the extraterritorial legislative power of the Parliament. (2) In particular, this Act extends to the use of ZLEVs outside Victoria. Part 2—Zero and low emission vehicle distance-based charge Division 1—Imposition and rate of charge 7 Imposition of charge (1) The registered operator of a ZLEV must pay a charge for use of the ZLEV on specified roads. (2) The ZLEV charge is to be determined and paid in accordance with this Act and the regulations. 8 Rate of charge (1) The rate of the ZLEV charge is— (a) for each kilometre travelled on specified roads during the financial year starting on 1 July 2021— (i) 2.5 cents for a ZLEV that is an electric vehicle or hydrogen vehicle; or (ii) 2.0 cents for a ZLEV that is a plug-in hybrid electric vehicle; and (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. (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. 9 Indexation of rate (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. (2) The rate of the ZLEV charge for a financial year is to be varied in accordance with the formula— where— CPIi is the all groups consumer price index for Melbourne in original terms for the last reference period in the preceding calendar year most recently published by the Australian Bureau of Statistics. CPIii is the all groups consumer price index in original terms for Melbourne for the corresponding reference period one year earlier than the reference period referred to in CPIi most recently published by the Australian Bureau of Statistics; PR is the rate of the ZLEV charge for the previous financial year; R is the rate of the ZLEV charge for the financial year. (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. **Example** If the calculation is 2.5634, the rate for the financial year would be 2.6 cents per kilometre. If the calculation is 2.7500, the rate for the financial year would be 2.8 cents per kilometre. (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— (a) the reduction does not take effect and the rate remains the same as for the previous financial year; and (b) when the rate is calculated under subsection (2) for the purposes of the next or a subsequent financial year— (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 (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. (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. (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— (a) in the Government Gazette; and (b) on a website maintained by the Department. (7) Failure to publish notice under subsection (6) does not affect the validity of the determination or rate to which the notice relates. Division 2—Registered operator declarations 10 Initial declaration by registered operator (1) The registered operator of a ZLEV must lodge an initial declaration with the Secretary within 14 days after— (a) 1 July 2021 if the ZLEV is registered in the name of the registered operator as at that day; or (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. (2) The initial declaration must be in the form approved by the Secretary and must— (a) set out the odometer reading of the ZLEV as at the time the declaration is lodged; and **Note** It is an offence under section 38 of the **Motor Car Traders Act 1986** to tamper with an odometer. (b) include evidence of that odometer reading; and **Note** This evidence must be retained by the registered operator for 5 years—see section 63. (c) include any other information required by the Secretary. (3) The regulations may prescribe the types of evidence for the purposes of subsection (2)(b). 11 Subsequent declarations by registered operator (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— (a) if the Secretary gives the registered operator a notice under section 12, the day specified in the notice; or (b) 14 days after the last day of the current registration period of the ZLEV; or (c) the day on which the ZLEV's registration is transferred to another person or cancelled. (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. (3) A declaration under this section must be in the form approved by the Secretary and must— (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 **Note** It is an offence under section 38 of the **Motor Car Traders Act 1986** to tamper with an odometer. (b) set out the distance, if any, travelled by the ZLEV since the previous declaration that was not on specified roads; and (c) include evidence of the matters in paragraphs (a) and (b); and **Note** This evidence must be retained by the registered operator for 5 years—see section 63. (d) include any other information required by the Secretary. (4) The regulations may prescribe the types of evidence for the purposes of subsection (3)(c). 12 Notice to lodge declaration (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. (2) The day specified in a notice must be at least 14 days after the day the notice is given to the registered operator. 13 Secretary may extend lodgement period The Secretary, by written notice, may extend the period for the registered operator of a ZLEV to lodge a declaration. 14 Secretary may waive requirement for declaration (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. (2) Without limiting the circumstances in which the Secretary may waive the requirement to lodge a declaration, the Secretary may do so— (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 (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. (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. Division 3—Determination of ZLEV charge 15 Secretary to determine amount of ZLEV charge (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— where— C is the ZLEV charge to which the determination relates; NRD is the distance, if any, travelled by the ZLEV that was not on specified roads in the period to which the determination relates; R is the applicable rate of the ZLEV charge under section 8; TD is the total distance travelled by the ZLEV in the period to which the determination relates. (2) The Secretary must determine the amount of the ZLEV charge from the declarations lodged by the registered operator unless— (a) the registered operator fails to lodge a declaration by the required day for lodgement; or (b) a declaration does not contain sufficient information for the Secretary to determine the amount of the ZLEV charge; or (c) the Secretary reasonably believes that a declaration is false or misleading. (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. 16 Further information (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. (2) The regulations may prescribe the types of evidence for the purposes of subsection (1). 17 Determination of amount of charge in absence of declaration or sufficient information or evidence (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— (a) the registered operator fails to lodge a declaration by the required day for lodgement; or (b) the Secretary reasonably believes that a declaration is false or misleading; or (c) the Secretary has insufficient information to determine the exact amount of the ZLEV charge. (2) Without limiting subsection (1), the Secretary may determine the amount of the ZLEV charge by way of estimate— (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 (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. Division 4—Invoices and payment 18 Issue of invoices (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. (2) An invoice must— (a) state the amount of the ZLEV charge to which the invoice relates; and (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 (c) set out how the amount was calculated; and (d) state any interest payable by the registered operator in respect of previous unpaid invoices. 19 Payment of invoices (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. (2) An invoice is payable to the Secretary by any means approved by the Secretary. 20 Revision of invoices (1) The Secretary may issue one or more revised invoices to the registered operator of a ZLEV— (a) to give effect to— (i) a decision on an objection or review as to the initial invoice; or (ii) a decision under section 26 to remit interest; or (b) if the Secretary considers that the initial invoice or a revised invoice was incorrect for any reason. (2) The Secretary may only issue a revised invoice within 5 years after the date of issue of the initial invoice unless— (a) the revision is to give effect to a decision on an objection or review as to the initial invoice; or (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. (3) The Secretary may issue a revised invoice whether or not the amount of the initial, or previously revised, invoice has already been paid. (4) In issuing a revised invoice, the Secretary may determine that the registered operator of a ZLEV is liable for— (a) an amount of interest, when the initial, or previously revised, invoice did not include any amount of interest; or (b) an amount of interest that is greater or less than the amount of interest in the initial, or previously revised, invoice; or (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. 21 Cancellation of invoices The Secretary, by written notice, may cancel an invoice issued to the registered operator of a ZLEV— (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 (b) if the Secretary waives the amount of the ZLEV charge after issuing the invoice; or (c) to give effect to a decision on an objection or review. 22 Validity of invoices The validity of an invoice is not affected because a provision of this Act or the regulations has not been complied with. Division 5—Interest 23 Interest in respect of unpaid amounts (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. (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. (3) Interest is not payable in respect of any failure to pay interest under this Division. 24 Minimum amount of interest There is no liability to pay interest if the amount of interest is less than $10. 25 Interest rate to prevail over interest otherwise payable on a judgment debt If 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. 26 Remission of interest The 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. Division 6—Waiver and refunds 27 Secretary may waive amounts of ZLEV charge 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— (a) in the circumstances prescribed by the regulations; or (b) in any other circumstances the Secretary considers appropriate. 28 Secretary must refund overpayments (1) This section applies if the registered operator of a ZLEV— (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 (b) has paid an amount to the Secretary in respect of an invoice and after that payment— (i) the Secretary cancels the invoice; or (ii) the Secretary issues a revised invoice for a lesser amount than the amount in the initial, or previously revised, invoice. (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. Part 3—Suspension and cancellation of registration Division 1—Suspension of registration 29 Suspension of registration (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— (a) lodged a declaration in respect of the ZLEV under Division 2 of Part 2 by the required day for lodgement; or (b) paid an invoice in respect of the ZLEV on or before the date for payment stated in the invoice; or (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). (2) The suspension takes effect as specified in the notice of suspension, unless the registered operator takes the action specified in the notice. (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. 30 Notice of suspension A notice of suspension must specify— (a) the reason for the suspension; and (b) the action to be taken by the registered operator to avoid the suspension taking effect; and (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 (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 (e) that, if the suspension takes effect, the action to be taken by the registered operator— (i) to avoid cancellation of the registration of the ZLEV; and (ii) to have the suspension lifted; and (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 (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 (h) the registered operator's rights to object to the suspension under Part 4. 31 Effect of suspension (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**. (2) Despite subsection (1) it is not an offence against the **Road Safety Act 1986** to— (a) leave a ZLEV whose registration has been suspended under section 29 standing on a highway; or (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. (3) Suspension under section 29 does not alter the expiry date for the registration of a ZLEV under the **Road Safety Act 1986**. 32 Secretary must lift suspension in certain circumstances (1) The Secretary must lift the suspension of registration of a ZLEV under this Division— (a) for a suspension under section 29(1)(a), when the registered operator lodges the declaration; or (b) for a suspension under section 29(1)(b), when the registered operator pays the invoice; or (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. (2) The Secretary must give the registered operator of the ZLEV written notice of the lifting of suspension of registration under subsection (1). 33 Secretary may lift suspension (1) The Secretary may lift the suspension of registration of a ZLEV under this Division— (a) to give effect to a decision on an objection or review; or (b) if the Secretary considers that the suspension should be lifted for any reason. (2) The Secretary must give the registered operator of the ZLEV written notice of the lifting of the suspension of registration under subsection (1). 34 Secretary may revoke suspension (1) The Secretary may revoke the suspension of registration of a ZLEV under this Division— (a) to give effect to a decision on an objection or review; or (b) if the Secretary considers that the suspension should be revoked for any reason. (2) The Secretary must give the registered operator of the ZLEV written notice of the revocation of the suspension of registration under subsection (1). Division 2—Cancellation of registration 35 Cancellation of registration (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— (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 (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 (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. (2) In this section— ***specified day*** means the later of the following days— (a) the day after the end of the period in section 30(f); or (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. 36 Notice of cancellation If the Secretary cancels the registration under section 35, the Secretary must give the registered operator of the ZLEV written notice of— (a) the cancellation; and (b) the date of the cancellation; and (c) the registered operator's rights to object to the cancellation under Part 4. 37 Obligation of registered operator if registration cancelled If 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. Penalty: 3 penalty units. 38 Secretary may reinstate registration (1) The Secretary may reinstate the registration of a ZLEV that has been cancelled under this Division— (a) to give effect to a decision on an objection or review; or (b) if the Secretary considers that the registration should be reinstated for any reason. (2) The Secretary must give the registered operator of the ZLEV written notice of the reinstatement of registration under subsection (1). 39 Secretary may revoke cancellation of registration (1) The Secretary may revoke the cancellation of registration of a ZLEV under this Division— (a) to give effect to a decision on an objection or review; or (b) if the Secretary considers that the cancellation should be revoked for any reason. (2) The Secretary must give the registered operator of the ZLEV written notice of the revocation of the cancellation of registration under subsection (1). Part 4—Objections and reviews Division 1—Objection to invoice 40 Objection to invoice (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— (a) the ZLEV did not travel the distances subject to the ZLEV charge for which the invoice was issued; (b) the amount of the ZLEV charge stated in the invoice has been incorrectly calculated; (c) the amount of interest stated in the invoice has been applied or calculated incorrectly; (d) the ZLEV is not subject to the ZLEV charge. (2) An objection must— (a) be lodged with the Secretary in writing; and (b) state fully and in detail the grounds for the objection. 41 Effect on objection if there is a revised invoice issued before objection is decided If 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. 42 Time for lodging objection (1) An objection under section 40 must be lodged within 60 days after the day on which the invoice is issued. (2) An objection is taken to have been lodged when it is received by the Secretary. Division 2—Objection to decision to suspend or cancel registration 43 Objection to decision to suspend or cancel registration (1) The registered operator of a ZLEV may lodge an objection if the registered operator is dissatisfied with— (a) a decision under section 29 to suspend the registration of the ZLEV; or (b) a decision under section 35 to cancel the registration of the ZLEV. (2) An objection must— (a) be lodged with the Secretary in writing; and (b) state fully and in detail the grounds for the objection. 44 Time for lodging objection (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. (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. (3) An objection is taken to have been lodged with the Secretary when it is received by the Secretary. Division 3—Additional information and suspension of decision on objections 45 Secretary may request additional information for the purpose of deciding objection (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. (2) An additional information notice must— (a) specify— (i) the information to be given to the Secretary; and (ii) the date by which that information must be given; and (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. (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. 46 Objection lapses if there is non-compliance with an additional information notice An objection lapses if the objector does not comply with an additional information notice before the end of the day specified in that notice. 47 Suspension of decision on objection on giving additional information notice (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. (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. (3) The information is taken to have been given to the Secretary when it is received by the Secretary. 48 Suspension of decision on objection at request of objector The 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. Division 4—Decision on objections 49 Onus of proof on objection On an objection, the objector has the onus of proving their case. 50 Decision on objection (1) The Secretary must consider an objection and either— (a) allow the objection in whole or part; or (b) disallow the objection. (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. 51 Secretary must inform VCAT of certain decisions on objections The 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. 52 Notice of decision on objection (1) The Secretary must give written notice to the objector of the decision on the objection. (2) The Secretary must, in the notice, give the reasons for disallowing an objection or for allowing an objection in part only. 53 Payment of interest following decision on objection Division 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. Division 5—Review of decisions on objections 54 Right of review by VCAT (1) This section applies if— (a) an objector is dissatisfied with the Secretary's decision on the objector's objection; or (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. (2) The objector may apply to VCAT for review of— (a) the Secretary's decision on the objector's objection; or (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. (3) An application under this section— (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 (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). 55 Onus on review On a review under this Division, the objector has the onus of proving their case. 56 Giving effect to decision on review (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. (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. Division 6—Miscellaneous 57 Recovery of ZLEV charge and suspension of registration pending decision on objection or review (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— (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; (b) Division 5 of Part 2 applies to any unpaid ZLEV charge as if no objection regime decision were pending; (c) a suspension of the registration of a ZLEV continues as if no objection regime decision were pending. (2) In this section— ***objection regime decision*** means— (a) a decision on an objection under Division 4; or (b) a decision on review under Division 5. Part 5—Enforcement Division 1—Recovery of ZLEV charge and interest 58 ZLEV charge and any interest are debts recoverable by Secretary (1) The ZLEV charge and any interest payable under Part 2 are debts due to the State. (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. Division 2—Inspection of ZLEVs 59 Authorised officers The Secretary, by instrument, may appoint as an authorised officer for the purposes of this Act— (a) a person employed under Part 3 of the **Public Administration Act 2004**; or (b) a person, or person of a class, prescribed by the regulations. 60 Secretary may require inspection of ZLEVs for the purposes of taking odometer readings and verifying the identity of ZLEVs (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— (a) taking an odometer reading of the ZLEV; and (b) verifying the vehicle identifier of the ZLEV and the registration number assigned to the ZLEV under the **Road Safety Act 1986**. (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. (3) If requested under subsection (2) to change the time or place of an inspection, the Secretary must consider the request and— (a) if it is reasonable to do so, change the time or place of inspection as requested; and (b) give the registered operator who made the request written notice either— (i) specifying the new time or place for the inspection; or (ii) confirming the original time or place for the inspection. (4) A person must not, without reasonable excuse, fail to comply with a notice under subsection (1) or (3). 1. 25 penalty units in the case of a body corporate; 5 penalty units in any other case. 61 Inspection of ZLEVs The Secretary or an authorised officer may carry out an inspection of a ZLEV for the purposes specified in section 60(1). Division 3—Record keeping 62 Registered operator to keep records and evidence (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. 1. 25 penalty units in the case of a body corporate; 5 penalty units in any other case. (2) Subsection (1) does not apply if the registered operator has a reasonable excuse for non-compliance. 63 Period of retention (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. 1. 25 penalty units in the case of a body corporate; 5 penalty units in any other case. (2) Subsection (1) does not apply if the person has a reasonable excuse for non-compliance. 64 False or misleading information A 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— (a) knowing that the information is false or misleading in a material particular; or (b) being reckless as to whether the information is false or misleading in a material particular. Penalty: 300 penalty units in the case of a body corporate; 60 penalty units in any other case. Part 6—Use and disclosure of information 65 Interpretation In this Part— ***another Australian jurisdiction*** means the Commonwealth, another State or a Territory; ***authorised representative***, in relation to an individual, means a person who is— (a) a guardian of the individual; or (b) an attorney for the individual under an enduring power of attorney; or (c) a medical treatment decision maker for the individual within the meaning of the **Medical Treatment Planning and Decisions Act 2016**; or (d) an administrator within the meaning of the **Guardianship and Administration Act 2019**; or (e) a parent of an individual, if the individual is a child; or (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— except to the extent that acting as an authorised representative of the individual is inconsistent with an order made by a court or tribunal; ***consent*** means express consent or implied consent; ***individual*** includes a deceased individual; ***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); ***intergovernmental agreement*** means a written agreement— (a) between— (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 (ii) the Secretary and a Minister of another Australian jurisdiction; or (iii) a Victorian Minister and a Minister of another Australian jurisdiction; or (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; ***law enforcement agency*** means— (a) Victoria Police or the police force or police service of another Australian jurisdiction; (b) any other body or person responsible for the performance of functions or activities directed to— (i) the prevention, detection, investigation, prosecution or punishment of offences against the laws of Victoria or another Australian jurisdiction; or (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 (iii) the enforcement of the orders of a court; (c) a body or person authorised by a law of Victoria or another Australian jurisdiction to enforce a warrant; ***Minister of another Australian jurisdiction*** means a Minister of the Crown in right of that jurisdiction; ***relevant information*** means information— (a) that is collected or received by the Secretary in relation to the ZLEV charge; and (b) that identifies an individual or from which an individual's identity can be reasonably ascertained; ***relevant person*** means— (a) an employee in the Department; or (b) a person who is a delegate or subdelegate of the Secretary; or (c) a person engaged to provide services for the Secretary; ***transport legislation*** has the same meaning as in section 3 of the **Transport Integration Act 2010**; ***Victorian Minister*** means a Minister of the Crown in right of Victoria. 66 Authorised use or disclosure (1) Subject to section 67, the Secretary or a relevant person may use or disclose relevant information— (a) for the purpose of— (i) the following functions and activities when performed by the Secretary or a relevant person— (A) the administration of this Act or the regulations; (B) providing information of community interest or benefit; or (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 (iii) the exercise of a power or the performance of a function under transport legislation; or (iv) any legal proceeding— (A) arising out of this Act, the regulations or any other transport legislation; or (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— including anything done for the purposes of commencing any such proceeding or providing a report of any such proceeding; or (v) giving effect to an intergovernmental agreement; or (b) if the use or disclosure is reasonably necessary to lessen or prevent a serious threat to— (i) an individual's life, health, safety or welfare; or (ii) public health, safety or welfare; or (iii) the environment— whether in or outside Victoria; or (c) for the purpose of dealing with exceptional circumstances in accordance with section 90L of the **Road Safety Act 1986**; or (d) with the consent of— (i) the individual to whom the information relates; or (ii) the authorised representative of that individual; or (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— (i) the prevention, detection, investigation, prosecution or punishment of offences of any kind; (ii) the enforcement of laws relating to the confiscation of the proceeds of crime; (iii) the preparation for, or conduct of, proceedings before any court or enforcement of the orders of a court; (iv) the protection of public revenue; (v) the enforcement of infringement penalties (by whatever name they are known in the relevant jurisdiction); or (f) if the use or disclosure is otherwise required or authorised by law. (2) Section 90L of the **Road Safety Act 1986** applies for the purposes of subsection (1)(c) as if— (a) a reference in that section to relevant information included relevant information within the meaning of this Part; and (b) a reference in that section to a relevant person included a relevant person within the meaning of this Part. 67 Information protection agreements (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. (2) An information protection agreement must— (a) specify— (i) the purpose for which the information is proposed to be disclosed to the person or body; and (ii) the provision of this Act under which the Secretary is authorised to disclose the information; and (iii) the means by which the information will be provided by the Secretary; and (iv) the means by which the information will be protected by the person or body; and (v) how compliance with the terms of the agreement will be monitored and enforced by each party to the agreement; and (vi) the auditing arrangements; and (vii) the procedures for managing any breach of privacy; and (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. (3) An information protection agreement may include any other requirements, qualifications or conditions specified by the Secretary. (4) Subsection (1) does not apply if— (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 (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. (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. (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— (a) the person or body is a relevant person; and (b) the relevant information is disclosed to the person or body in their capacity as a relevant person. 68 Disclosure not mandatory Nothing in this Part requires the Secretary or a relevant person to disclose relevant information. **Note** The Secretary or a relevant person is entitled not to disclose relevant information in the absence of a legal obligation to disclose it. 69 Freedom of Information Act 1982 (1) A document which contains relevant information is an exempt document within the meaning of section 38 of the **Freedom of Information Act 1982**. (2) Subsection (1) does not limit the operation of section 38 of the **Freedom of Information Act 1982**. 70 Offences regarding relevant information (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— (a) knowing that the use or disclosure is not so authorised; or (b) being reckless as to whether the use or disclosure is so authorised. Penalty: 120 penalty units or imprisonment for 12 months. (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— (a) knowing that the use or disclosure is not in accordance with the agreement; or (b) being reckless as to whether the use or disclosure is in accordance with the agreement. Penalty: 120 penalty units or imprisonment for 12 months. (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— (a) knowing that the use or disclosure is not in accordance with that provision; or (b) being reckless as to whether the use or disclosure is in accordance with that provision. Penalty: 120 penalty units or imprisonment for 12 months. (4) A person who obtains relevant information other than as authorised under this Act must not use or disclose that information— (a) knowing that the information was obtained other than as authorised under this Act; or (b) being reckless as to whether the information was obtained as authorised under this Act. Penalty: 120 penalty units or imprisonment for 12 months. Part 7—General Division 1—Service 71 Service of documents on persons other than the Secretary (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— (a) by delivering it personally to the person; or (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 (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 (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 (e) by sending it to a fax number or email address nominated by the person; or (f) by sending it by any other form of electronic communication nominated by the person; or (g) by notifying the person in accordance with subsection (2). (2) If— (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 (b) the person nominates an electronic means (the ***nominated access means***) by which the person may access that document— a 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. **Example** A 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. (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. (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. (5) Despite subsection (4), if— (a) a document is returned undelivered; and (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— the Secretary must treat the document as not having been served effectively on the person. (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— (a) the third party is a credible source of that information; and (b) the information is likely to be up-to-date. **Examples** Notification given by a court, the Sheriff's Office, Victoria Police or any other enforcement agency. 72 Service of documents on the Secretary If 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— (a) by delivering it personally to the principal office of the Department; or (b) by sending it by post addressed to the Secretary at the principal office of the Department; or (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 (d) by leaving it with a person who has authority to accept documents on the Secretary's behalf. Division 2—Evidentiary provisions 73 Presumption of regularity as to issue of documents A 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— (a) the document has been issued by the Secretary; and (b) all requirements for the issuing of the document have been complied with. 74 Evidence of invoice Production 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— (a) of the due issuing of the invoice; and (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 (c) the ZLEV charge stated in the invoice has been determined correctly; and (d) all other details in the invoice are correct. 75 Certificate evidence A 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— (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; (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; (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; (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; (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; (f) that a person named in the certificate is, or was, an authorised officer on the date specified in the certificate. 76 Copies of and extracts from documents A 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. Division 3—Miscellaneous 77 Appropriation of Consolidated Fund If 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. 78 Regulations (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. (2) The regulations may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstances; (c) confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies; (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— (i) whether unconditionally or on specified conditions; and (ii) either wholly or to any extent that is specified; (e) apply, adopt or incorporate any matter contained in any document whether— (i) wholly or partially or as amended by the regulations; or (ii) as in force at a particular time; or (iii) as in force from time to time; (f) impose a penalty not exceeding 20 penalty units for a contravention of the regulations. Pt 8 (Heading and ss 79–81) repealed by No. 18/2021 s. 81. * * * * * ═════════════ Endnotes 1 General information See [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. *Minister's second reading speech—* *Legislative Assembly: 18 March 2021* *Legislative Council: 6 May 2021* The 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." The **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. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes 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. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All 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). • Examples, diagrams or notes All 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). • Punctuation All 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). • Provision numbers All 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). • Location of "legislative items" A "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. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Zero and Low Emission Vehicle Distance-based Charge Act 2021** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Zero and Low Emission Vehicle Distance-based Charge Act 2021, No. 18/2021** | *Assent Date:* | 1.6.21 | | --- | --- | | *Commencement Date:* | S. 81 on 1.7.21: s. 2 | | *Note:* | S. 81 repealed Pt 8 (ss 79–81) on 1.7.22 | | *Current State:* | This information relates only to the provision/s amending the **Zero and Low Emission Vehicle Distance-based Charge Act 2021** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.