VACC Licensed Motor Car Trader (LMCT) members who have retailed vehicles classified as Zero and Low Emission Vehicles (ZLEV) would know that a Road User Charge (RUC) was introduced on 1 July 2021.
In 2021, VACC negotiated with the Victorian Government for franchise dealers to receive an exemption from the RUC for the first 1,500km of a new ZLEV demonstrator vehicle.
The Victorian Government was challenged in the High Court of Australia (HCA) regarding the validity of the RUC.
VACC has advised LMCTs that the HCA ruled in favour of the applicant in the Vanderstock & Anor versus State of Victoria [2023] in that a provision (s.7(1)) contained within the Victorian Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic) was invalid as it imposes a duty of excise, an exclusive power of the Commonwealth Parliament as per the meaning of excise in s.90 of the Australian Constitution. View the court summary of the HCA case.
The VicRoads webpage has information announcing that customers (including LMCTs) do not have to pay ZLEV RUC invoices or provide odometer readings. VicRoads will soon contact eligible customers to advise them of the refund process. This will include LMCTs who received and paid RUC invoices.
LMCTs with ZLEV demonstrator trading stock no longer need to pay RUC invoices.
VicRoads advises that customers who have made e-payment of RUC invoices will receive a full refund of RUC invoice payments, including card payment fees and interest.
Any customer who has bought a ZLEV and received and paid a RUC invoice will soon receive advice from VicRoads to advise them of the refund process. VicRoads continues to update its webpage.
The timing for refunds of RUC invoices is not yet determined.
The VicRoads Registration and Licensing (R&L) Team is working to make the refunds available as soon as possible. Refer to vicroads.vic.gov.au for updates.