Right now, no Australian state is actively charging EV drivers by the kilometre. Victoria tried first and lost in the High Court. NSW has one legislated, but it does not start until 2027 or later. Here is exactly where things stand.
The short version
- No state currently charges EV owners a live, functioning road user charge. Victoria's was struck down by the High Court in 2023.
- NSW has legislated a future charge: 2.974 cents per km for battery EVs (2025-26 rate), starting 1 July 2027 or when EVs reach 30 percent of new car sales, whichever comes first.
- NSW's rate is indexed to CPI each financial year, so it rises over time, and applies at a reduced 80 percent rate for plug-in hybrids.
- The High Court's Vanderstock decision effectively blocked individual states from running their own distance-based charge, which is why the conversation has shifted to a possible national scheme.
- The federal government is examining a national road user charge, but nothing has been legislated federally as of mid 2026.
State by state status
- Victoria: struck down, not charged. The Zero and Low Emission Vehicle Distance-based Charge was ruled invalid by the High Court in Vanderstock v State of Victoria (2023). Owners who paid received refunds.
- NSW: legislated, not yet active. Road user charge locked in from 1 July 2027, or when EVs reach 30 percent of new vehicle sales, whichever is first. Rate was 2.974c/km for BEVs in FY2025-26, indexed to CPI annually.
- Queensland: none. No state EV road user charge legislated or in effect.
- South Australia: repealed before starting. SA legislated then repealed its own distance-based charge after the Vanderstock decision.
- WA, Tasmania, ACT, NT: none. No state-based EV road user charge in effect or currently legislated.
- Federal: under consideration. Treasury has examined a national distance-based charge to replace fuel excise revenue lost to EVs, but nothing has passed federal parliament as of mid 2026.
Why Victoria's charge collapsed
Victoria was the first state to legislate a distance-based charge for electric and plug-in hybrid vehicles, back in 2021. A group of EV owners challenged it in the High Court, arguing it was effectively an excise, a tax only the federal government has the constitutional power to impose. In 2023, the High Court agreed in Vanderstock v The State of Victoria, ruling the Victorian charge invalid. Victoria had to refund what it had collected, and the ruling put every other state's plans for a similar charge on ice, since the same constitutional problem would apply to any state trying the same thing.
What NSW has actually legislated
NSW is the only state that still has a road user charge on the books for EVs, and it survived the Vanderstock scrutiny by being structured differently and by not starting yet. Under the NSW Government's Electric Vehicle Strategy, a charge will apply to eligible EVs from 1 July 2027, or when EVs make up 30 percent of new vehicle sales in NSW, whichever happens first. The rate for the 2025-26 financial year is set at 2.974 cents per kilometre for a battery EV or hydrogen fuel cell EV, and 2.379 cents per kilometre, an 80 percent proportion, for plug-in hybrids. The rate is indexed to CPI each financial year, so by the time it actually starts collecting, the per kilometre figure will be higher than today's published number.
Why nobody else has followed NSW's lead yet
Every other state has effectively paused. Some, like South Australia, had legislated a charge and repealed it once the High Court ruling made the legal risk clear. Others simply never proceeded past a policy discussion. The practical reality is that a state-only distance-based charge on EVs looks constitutionally shaky after Vanderstock, so state treasuries are watching to see whether the federal government moves on a national scheme instead, which would sidestep the excise problem entirely because the Commonwealth does have the power to impose one.
Is a national EV road user charge coming?
The idea keeps resurfacing in federal budget discussions, driven by the same underlying problem: fuel excise revenue funds a large share of road spending, and it shrinks every year that more drivers switch to EVs and stop buying petrol. Treasury has publicly examined a national, distance-based charge as a replacement or supplement to fuel excise, but as of mid 2026 nothing has been introduced into federal parliament. Any national scheme would need its own legislation and is not something current EV owners need to plan around yet.
What this means if you already own or are buying an EV
For now, no EV owner in Australia is paying a per kilometre charge anywhere. If you are in NSW, budget mentally for a future charge from 2027 at the earliest, factoring in it will have risen from the 2.974c/km baseline via CPI indexation by the time it starts. Everywhere else, there is nothing currently legislated to plan around, though that could change if a national scheme progresses.
Compare running costs for specific EV models against petrol in our EV charging cost guide, and read full model reviews on CarTell.tv.
Frequently asked questions
Do I have to pay a road user charge for my EV right now?
No. As of mid 2026, no Australian state is actively collecting a distance-based road user charge from EV owners. Victoria's charge was struck down in 2023 and NSW's does not start until 2027 at the earliest.
Which state has an EV road user charge?
Only NSW has one legislated, set to begin 1 July 2027 or when EVs reach 30 percent of new car sales, whichever comes first. No other state currently has one in effect.
Why was Victoria's EV charge ruled invalid?
The High Court found in Vanderstock v The State of Victoria (2023) that Victoria's distance-based charge functioned as an excise, which only the federal government is constitutionally permitted to impose. Victoria had to refund amounts already collected.
Will there be a national EV road user charge?
The federal government has examined the idea to replace shrinking fuel excise revenue, but nothing has been legislated federally as of mid 2026.