zlev high court Page 553

Short version: the High Court of Australia struck down Victoria’s ZLEV distance-based charge in 2023, calling it an unconstitutional duty of excise under section 90.

The case (Vanderstock v Victoria) basically said a per‑km charge on using EVs is a tax on goods, which states aren’t allowed to levy—cue the sound of a very large legal handbrake.

Immediate fallout: Victoria’s scheme was shelved and refunds became the hot new paperwork hobby.

Bigger picture: expect a national rethink on road funding, likely a federally led road‑user charge, because fuel excise won’t pay the bills when cars sip electrons instead of petrol.