ATA argues that the state charges goes against the Australian Parliament’s ability to execute a policy for all road users
The High Court is set to deliver its judgment on the validity of Victoria’s electric vehicle charge on October 18.
The state’s Zero and Low Emission Vehicle (ZLEV) charge applies to cars, light trucks and delivery vans. The charge is 2.8 cents per kilometre for full electric vehicles and 2.3 cents per kilometre for plug-in hybrids.
The High Court is considering if the charge is valid because there is an argument that only the Australian Parliament can impose this sort of tax.
The Australian Trucking Association (ATA) asked for and was granted leave to make submissions to the court arguing that state ZLEV charges would defeat the ability of the Australian Parliament to execute a charging policy for all road users.
Separately, the Victorian Ombudsman has slammed the state government’s administration of the charge.
The Ombudsman’s report found that one driver of a plug-in electric hybrid reported travelling thousands of kilometres in remote parts of Australia using fuel, as there were no charging stations. Despite the driver paying fuel excise on those kilometres, the Department of Transport and Planning did not waive the additional hundreds of dollars payable under the ZLEV charge.
“This investigation does not touch on the validity of the legislation, plainly a matter for the High Court. Nor do we consider whether it is good public policy to impose a charge on electric vehicles when the Government has adopted a ‘roadmap to net-zero emissions and a climate resilient Victoria by 2050’,” the Ombudsman says.
“But thousands of people have been affected by the charge since it came into effect in 2021, many of them unfairly. And while this report focuses on the actions of the Department of Transport and Planning, there are broader lessons for the public sector about the dangers of making policy on the run (or not making it at all), and the importance of exercising discretion.”