ZERO AND LOW EMISSION VEHICLE DISTANCE-BASED CHARGE ACT 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
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
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