New South Wales (NSW) looks set to be the next jurisdiction to implement a distance-based road user charge (RUC) on electric and plug-in hybrid light vehicles, from 1 July 2027. From that date, EV owners will be subject to a charge of A$0.03095/km (US$0.0347/mile) and PHEVs A$0.02476 per km (US$0.0278/mile). It won't be the first in Australia to do so, as the state of Victoria implemented RUC on EVs and PHEVs in 2021, but this was cancelled in 2023.
The Parliament of NSW has now published a report into the forthcoming RUC.
Background
In Australia, RUC is a complex topic. For years the Commonwealth (Federal) Government studied and even piloted distance/weight based RUC for heavy vehicles, largely because multiple reports indicated that there would be economic productivity benefits from introducing it, alongside a wide range of associated funding and charging policy measures. In the meantime, heavy vehicles pay registration fees to the States and Territories, at unified rates, and when paying fuel excise duty on diesel, they can claim a 100% refund for diesel not used on public roads and a partial refund of the remainder (with the part that is retained called the "fuel based road user charge"). Since 2024, heavy vehicle RUC has largely been off the political agenda in Australia.
Then came electric vehicles (EVs), in sufficient numbers that it started to be a concern for future fuel excise duty revenues. Fuel duty is a Commonwealth tax (the States and Territories are not constitutionally permitted to levy such a tax), but is not hypothecated. States and Territories started being interested in whether they could charge a RUC for light EVs, so Victoria did so in 2021, only for a court case to go as far as the High Court of Australia, which struck it out as unconstitutional in 2023. That court case was supported (but not led) by the Commonwealth Government. I wrote about the decision (known as Vanderstock) at the time, as I agree with the dissenting opinions of the court. It was quite the stretch of interpretation to treat the Victorian RUC as an "excise tax" that influences the supply of electric vehicles (and therefore only within the Constitutional scope of the Commonwealth Government), but the decision stands.
However, parallel to Victoria, the NSW Government passed the Electric Vehicles (Revenue Arrangements) Act 2021, with nearly identical language to the legislation used in Victoria.
That Act means that from 1 July 2027, EVs in NSW will be subject to a distance based RUC.
The obvious conflict is that the Vanderstock decision essentially indicated that RUC should be implemented nationally by the Commonwealth Government, not by the states. but since the decision there has been relatively little said at the Commonwealth level about RUC.
A series of statements have been made by a few Ministers ranging from how important it is to charge EVs for road use eventually, to concern that legislation to enable this might not get passed by the Senate.
While there has been some work behind the scenes undertaken by officials, no decisions have yet been made. Meanwhile, sales of EVs in Australia (as in many countries) are at a record high. In the year to August 2026. 18.5% of new light vehicle sales in Australia have been EVs, with it being over 26% in the month of August alone.
NSW's legislation has not been amended or repealed (although the election in 2023 saw a change in State Government from the Liberal/National Coalition to Labor).
Public Accountability and Works Committee
Earlier this year, the NSW Legislative Council delegated to its Public Accountability and Works Committee a review into the operation of the Act, and in particular:
(a) whether the policy objectives of the Act remain valid, and
(b) whether the terms of the Act remain appropriate for securing those objectives.
- Implications of the Vanderstock High Court of Australia decision on the legislation, including possible amendments to distinguish the NSW proposal from the Victorian policy
- Effects on EV sales
- Impacts of distance based RUC on different geographical communities and vehicle operators including rideshare, delivery drivers and dealerships
- Impacts on plug-in hybrid drivers
- Merits of pure distance based RUC vs including weight, fuel efficiency and congestion
- Hypothecation of net revenues
- National RUC for EVs vs. states going first
- Administration of a RUC
- Ensuring administration and compliance for RUC for EVs is simple with minimal friction for owners. It should be easy to buy, have distance reported and be compliant, without prospective EV owners fearing not being able to understand or being fined inadvertently for getting it wrong. There are plenty of models for doing this - see New Zealand, Hawai'i and Oregon.
- Setting a rate for RUC, for now, that is cheaper than fuel excise. A rate commensurate to around half of the average paid by a light ICE vehicle may be appropriate, not least because it would around the same for a battery-electric hybrid vehicle. The proposed A$0.0395/km seems like it would do that.

