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This is a Bill, not an Act. For current law, see the Acts databases.
Zero and Low Emission Vehicle Distance-based
Charge Act 2021
No. of 2021
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purpose 1
2 Commencement 1
3 Definitions 2
4 Excluded vehicles 5
5 Act binds the Crown 6
6 Extraterritorial operation 6
Part 2--Zero and low emission vehicle distance-based charge 7
Division 1--Imposition and rate of charge 7
7 Imposition of charge 7
8 Rate of charge 7
9 Indexation of rate 7
Division 2--Registered operator declarations 9
10 Initial declaration by registered operator 9
11 Subsequent declarations by registered operator 10
12 Notice to lodge declaration 11
13 Secretary may extend lodgement period 12
14 Secretary may waive requirement for declaration 12
Division 3--Determination of ZLEV charge 12
15 Secretary to determine amount of ZLEV charge 12
16 Further information 13
17 Determination of amount of charge in absence of declaration or
sufficient information or evidence 14
Division 4--Invoices and payment 15
18 Issue of invoices 15
19 Payment of invoices 15
20 Revision of invoices 15
21 Cancellation of invoices 16
22 Validity of invoices 17
i
Clause Page
Division 5--Interest 17
23 Interest in respect of unpaid amounts 17
24 Minimum amount of interest 17
25 Interest rate to prevail over interest otherwise payable on a
judgment debt 18
26 Remission of interest 18
Division 6--Waiver and refunds 18
27 Secretary may waive amounts of ZLEV charge 18
28 Secretary must refund overpayments 18
Part 3--Suspension and cancellation of registration 20
Division 1--Suspension of registration 20
29 Suspension of registration 20
30 Notice of suspension 20
31 Effect of suspension 21
32 Secretary must lift suspension in certain circumstances 22
33 Secretary may lift suspension 23
34 Secretary may revoke suspension 23
Division 2--Cancellation of registration 23
35 Cancellation of registration 23
36 Notice of cancellation 24
37 Obligation of registered operator if registration cancelled 24
38 Secretary may reinstate registration 25
39 Secretary may revoke cancellation of registration 25
Part 4--Objections and reviews 26
Division 1--Objection to invoice 26
40 Objection to invoice 26
41 Effect on objection if there is a revised invoice issued before
objection is decided 26
42 Time for lodging objection 26
Division 2--Objection to decision to suspend or cancel registration 27
43 Objection to decision to suspend or cancel registration 27
44 Time for lodging objection 27
Division 3--Additional information and suspension of decision on
objections 28
45 Secretary may request additional information for the purpose of
deciding objection 28
46 Objection lapses if there is non-compliance with an additional
information notice 28
ii
Clause Page
47 Suspension of decision on objection on giving additional
information notice 29
48 Suspension of decision on objection at request of objector 29
Division 4--Decision on objections 29
49 Onus of proof on objection 29
50 Decision on objection 29
51 Secretary must inform VCAT of certain decisions on objections 30
52 Notice of decision on objection 30
53 Payment of interest following decision on objection 30
Division 5--Review of decisions on objections 30
54 Right of review by VCAT 30
55 Onus on review 31
56 Giving effect to decision on review 31
Division 6--Miscellaneous 31
57 Recovery of ZLEV charge and suspension of registration
pending decision on objection or review 31
Part 5--Enforcement 33
Division 1--Recovery of ZLEV charge and interest 33
58 ZLEV charge and any interest are debts recoverable by
Secretary 33
Division 2--Inspection of ZLEVs 33
59 Authorised officers 33
60 Secretary may require inspection of ZLEVs for the purposes of
taking odometer readings and verifying the identity of ZLEVs 33
61 Inspection of ZLEVs 34
Division 3--Record keeping 35
62 Registered operator to keep records and evidence 35
63 Period of retention 35
64 False or misleading information 35
Part 6--Use and disclosure of information 37
65 Interpretation 37
66 Authorised use or disclosure 40
67 Information protection agreements 42
68 Disclosure not mandatory 44
69 Freedom of Information Act 1982 44
70 Offences regarding relevant information 44
iii
Clause Page
Part 7--General 47
Division 1--Service 47
71 Service of documents on persons other than the Secretary 47
72 Service of documents on the Secretary 49
Division 2--Evidentiary provisions 50
73 Presumption of regularity as to issue of documents 50
74 Evidence of invoice 50
75 Certificate evidence 51
76 Copies of and extracts from documents 51
Division 3--Miscellaneous 52
77 Appropriation of Consolidated Fund 52
78 Regulations 52
Part 8--Consequential amendments 54
79 Amendment of Road Safety Act 1986 54
80 Amendment of Transport Integration Act 2010 54
81 Repeal of this Part 54
═════════════
Endnotes 55
1 General information 55
iv
Zero and Low Emission Vehicle
Distance-based Charge Act 2021
No. of 2021
[Assented to ]
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.
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Part 1--Preliminary
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
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Part 1--Preliminary
(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;
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Part 1--Preliminary
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;
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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.
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Part 1--Preliminary
(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.
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Part 2--Zero and low emission vehicle distance-based charge
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.
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(2) The rate of the ZLEV charge for a financial year
is to be varied in accordance with the formula--
CPIi
R = PR ×
CPIii
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--
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(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--
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(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.
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(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.
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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--
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C = (TD − NRD) × R
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
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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.
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Part 2--Zero and low emission vehicle distance-based charge
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
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(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--
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(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.
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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--
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(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.
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Part 3--Suspension and cancellation of registration
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
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Part 3--Suspension and cancellation of registration
(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.
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Part 3--Suspension and cancellation of registration
(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).
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Part 3--Suspension and cancellation of registration
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
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Part 3--Suspension and cancellation of registration
(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
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Part 3--Suspension and cancellation of registration
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).
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Part 4--Objections and reviews
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.
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Part 4--Objections and reviews
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.
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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.
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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.
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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
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(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
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Part 4--Objections and reviews
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.
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Part 5--Enforcement
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.
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(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).
Penalty: 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).
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Part 5--Enforcement
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.
Penalty: 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.
Penalty: 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
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(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.
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Part 6--Use and disclosure of information
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;
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Part 6--Use and disclosure of information
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--
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Part 6--Use and disclosure of information
(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;
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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
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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;
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Part 6--Use and disclosure of information
(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
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Part 6--Use and disclosure of information
(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.
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(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--
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(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--
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(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.
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Part 7--General
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).
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(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
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(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
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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.
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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.
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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
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(iii) as in force from time to time;
(f) impose a penalty not exceeding 20 penalty
units for a contravention of the regulations.
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Part 8--Consequential amendments
Part 8--Consequential amendments
79 Amendment of Road Safety Act 1986
In section 5 of the Road Safety Act 1986--
(a) in paragraph (c), for "it." substitute
"it; and";
(b) after paragraph (c) insert--
"(d) to limit access to the Victorian road
network to those who have paid
applicable fees and charges designed to
recover the costs attributable to vehicle
use of road provision and road safety
administration.".
80 Amendment of Transport Integration Act 2010
In section 3 of the Transport Integration
Act 2010, in the definition of transport
legislation, after paragraph (ra) insert--
"(rb) Zero and Low Emission Vehicle Distance-
based Charge Act 2021;".
81 Repeal of this Part
This Part is repealed on 1 July 2022.
Note
The repeal of this Part does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
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."
By Authority. Government Printer for the State of Victoria.
55
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