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ZERO AND LOW EMISSION VEHICLE DISTANCE-BASED CHARGE ACT 2021 (NO. 18
OF 2021)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Excluded vehicles
5. Act binds the Crown
6. Extraterritorial operation
PART 2--ZERO AND LOW EMISSION VEHICLE DISTANCE-BASED CHARGE
Division 1--Imposition and rate of charge
7. Imposition of charge
8. Rate of charge
9. Indexation of rate
Division 2--Registered operator declarations
10. Initial declaration by registered operator
11. Subsequent declarations by registered operator
12. Notice to lodge declaration
13. Secretary may extend lodgement period
14. Secretary may waive requirement for declaration
Division 3--Determination of ZLEV charge
15. Secretary to determine amount of ZLEV charge
16. Further information
17. Determination of amount of charge in absence of declaration or sufficient information or evidence
Division 4--Invoices and payment
18. Issue of invoices
19. Payment of invoices
20. Revision of invoices
21. Cancellation of invoices
22. Validity of invoices
Division 5--Interest
23. Interest in respect of unpaid amounts
24. Minimum amount of interest
25. Interest rate to prevail over interest otherwise payable on a judgment debt
26. Remission of interest
Division 6--Waiver and refunds
27. Secretary may waive amounts of ZLEV charge
28. Secretary must refund overpayments
PART 3--SUSPENSION AND CANCELLATION OF REGISTRATION
Division 1--Suspension of registration
29. Suspension of registration
30. Notice of suspension
31. Effect of suspension
32. Secretary must lift suspension in certain circumstances
33. Secretary may lift suspension
34. Secretary may revoke suspension
Division 2--Cancellation of registration
35. Cancellation of registration
36. Notice of cancellation
37. Obligation of registered operator if registration cancelled
38. Secretary may reinstate registration
39. Secretary may revoke cancellation of registration
PART 4--OBJECTIONS AND REVIEWS
Division 1--Objection to invoice
40. Objection to invoice
41. Effect on objection if there is a revised invoice issued before objection is decided
42. Time for lodging objection
Division 2--Objection to decision to suspend or cancel registration
43. Objection to decision to suspend or cancel registration
44. Time for lodging objection
Division 3--Additional information and suspension of decision on objections
45. Secretary may request additional information for the purpose of deciding objection
46. Objection lapses if there is non-compliance with an additional information notice
47. Suspension of decision on objection on giving additional information notice
48. Suspension of decision on objection at request of objector
Division 4--Decision on objections
49. Onus of proof on objection
50. Decision on objection
51. Secretary must inform VCAT of certain decisions on objections
52. Notice of decision on objection
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
55. Onus on review
56. Giving effect to decision on review
Division 6--Miscellaneous
57. Recovery of ZLEV charge and suspension of registration pending decision on objection or review
PART 5--ENFORCEMENT
Division 1--Recovery of ZLEV charge and interest
58. ZLEV charge and any interest are debts recoverable by Secretary
Division 2--Inspection of ZLEVs
59. Authorised officers
60. Secretary may require inspection of ZLEVs for the purposes of taking odometer readings and verifying the identity of ZLEVs
61. Inspection of ZLEVs
Division 3--Record keeping
62. Registered operator to keep records and evidence
63. Period of retention
64. False or misleading information
PART 6--USE AND DISCLOSURE OF INFORMATION
65. Interpretation
66. Authorised use or disclosure
67. Information protection agreements
68. Disclosure not mandatory
69. Freedom of Information Act 1982
70. Offences regarding relevant information
PART 7--GENERAL
Division 1--Service
71. Service of documents on persons other than the Secretary
72. Service of documents on the Secretary
Division 2--Evidentiary provisions
73. Presumption of regularity as to issue of documents
74. Evidence of invoice
75. Certificate evidence
76. Copies of and extracts from documents
Division 3--Miscellaneous
77. Appropriation of Consolidated Fund
78. Regulations
PART 8--CONSEQUENTIAL AMENDMENTS
79. Amendment of Road Safety Act 1986
80. Amendment of Transport Integration Act 2010
81. Repeal of this Part
ENDNOTES
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