- You (the Applicant) have purchased an eligible Zero Emissions Vehicle (ZEV) on or after 2 May 2021.
- You have applied, or are applying, for a ZEV Subsidy and if you are applying on behalf of a Business, you have the authority to do so.
- Solar Victoria may provide you with a ZEV Subsidy if it is satisfied that you comply with the Eligibility Criteria and you have fulfilled all other conditions set out in these Terms and Conditions.
- The ZEV Subsidy will be paid directly to you, the Applicant, after delivery of your Eligible Model and its registration in the State of Victoria where all other eligibility criteria have been met in accordance with these Terms and Conditions.
- You agree that you satisfy the Eligibility Criteria and all information disclosed to support your application for a ZEV Subsidy is true, complete, accurate and not misleading.
- You acknowledge and consent to Solar Victoria collecting and using your de-identified information regarding your use of the ZEV and related charging information for the purpose of program improvements, developing infrastructure, assessing demographics of take-up and for de-identified reporting purposes from time-to-time.
- You consent to completing surveys and to receiving information and materials from Solar Victoria regarding ZEVs and energy related initiatives, unless otherwise specified in your application form.
- You acknowledge and consent to Solar Victoria contacting you regarding the processing of your application.
- You acknowledge and agree that Solar Victoria may reject or cancel your application for a ZEV Subsidy, or if Solar Victoria has already paid the ZEV Subsidy, seek reimbursement, under certain circumstances provided in these Terms and Conditions.
In these Terms and Conditions:
ABN means the Australian Business Number unique to an Australian Business registered on the Australian Business Register.
ACN means the Australian Company Number unique to an Australian company given by the Australian Securities and Investment Commission to the company on registration in accordance with the Corporations Act 2001 (Cth).
Applicant or you means the Individual or Business who applies for a ZEV Subsidy and who purchased an Eligible Model on or after 2 May 2021.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and given effect in the State of Victoria pursuant to the Australian Consumer Law and Fair Trading Act 2012 (Vic).
Business means any company, sole trader or registerable Australian body operating in Australia, with a registered office or primary place of business in the State of Victoria.
Business Day means a day that is not a Saturday, Sunday or public holiday in the State of Victoria.
Certificate of Registration means the certificate issued by VicRoads when an individual or corporation register a vehicle in the State of Victoria.
Contract of Sale means a legally binding contract relating to the purchase of the Eligible Model entered between the Applicant and the LMCT or OEM.
Costs includes costs, charges, expenses and fees, including fees, costs, charges and expenses for legal and other advisers (on a full indemnity basis).
Customer means the person that uses an Eligible Model to which the ZEV Subsidy Program applies on a day to day basis (which may be the Applicant, or a person that the Applicant permits to use the Eligible Model).
DELWP means the Department of Environment, Land, Water and Planning.
Demonstration Model has the meaning given to the term 'demonstrator vehicle' in section 3 of the Duties Act 2000 (Vic), excluding any motor vehicle to which an exception under section 231 applies.
Driver’s Licence means a licence granted under Part 3 of the Road Safety Act 1986 (Vic).
Eligible Model means a motor vehicle that meets each of the following criteria:
- it is a Zero-Emissions Vehicle;
- it is a 'passenger car', under section 3 of the Duties Act 2000 (Vic);
- the Purchase Price of the motor vehicle is under the threshold of $68,740;
- it is purchased brand new or as a Demonstration Model; and
- it is registered in the State of Victoria.
Eligibility Criteria means the following criteria which may be varied by Solar Victoria in its absolute discretion from time to time:
- the ZEV for which the Applicant is applying for a ZEV Subsidy is:
- an Eligible Model; and
- has been purchased by the Applicant from an OEM or LMCT on or after 2 May 2021; and
- is registered in the State of Victoria; and
- the Applicant:
- is an Individual or a Business;
- has not previously received a ZEV Subsidy if they are an Individual, or the two permitted ZEV Subsidies if they are a Business;
- if an Individual, has a valid Victorian Driver's Licence;
- if an Individual, is resident in the State of Victoria; and
- If a Business, has a registered office in the State of Victoria.
Event of Default means any event or circumstance specified in clause 9.1.
Individual means a natural person.
Lead Time means the period of time elapsed between when the Applicant enters into the Contract of Sale, and when the Eligible Model is delivered, which shall be a period of time not exceeding six (6) months.
LMCT means a 'licensed motor car trader' as defined in the Motor Car Traders Act 1986 (Vic), often referred to as a car dealer, with whom the Applicant contracts to purchase a Zero-Emissions Vehicle.
Loss means any loss, damage, Cost, expense, claim, charge, liability, suit, action, penalty, compensation, fine or outgoing suffered, paid or incurred.
Notice means a notice, request, demand, consent, approval, waiver or other communication in connection with these Terms and Conditions.
OEM means a 'manufacturer' as defined in the Motor Car Traders Act 1986 (Vic), also known as an original equipment manufacturer or a car manufacturer.
Purchase Date means the date the Applicant executes the Contract of Sale in respect of the relevant Eligible Model.
Purchase Price means the dutiable value of the Eligible Model, being the total price of the Eligible Model, inclusive of all added options and accessories, but excluding stamp duty, registration and compulsory third-party insurance costs.
Solar Victoria means the Crown in the right of the State of Victoria acting through the Department of Environment, Land Water and Planning or its successor.
Subsidy Amount means $3,000, which may be varied by Solar Victoria in its absolute discretion from time to time.
Tax Invoice has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Taxes means any taxes, rates, levy, impost, duties or other charges assessed or payable to any government authority and includes any additional taxes, interests, penalties, charges, fees or other amounts imposed in relation to a failure to file a return or to pay the tax.
Terms and Conditions means these terms and conditions.
Unique Identifier means the unique identifier assigned to an Applicant by Solar Victoria.
VicRoads means the statutory authority of that name existing under the Department of Transport, who has delegated authority under the relevant statutory instruments, or its successor.
VIN means the 'Vehicle Identification Number' that is a unique identifying code on a specific motor vehicle.
Zero-Emissions Vehicle or ZEV means a 'motor vehicle' as that term is defined in the Road Safety Act 1986 (Vic), that is a 'passenger car' under section 3 of the Duties Act 2000 (Vic), does not use petroleum fuels and does not emit greenhouse gases from its tailpipe.
ZEV Subsidy or ‘Subsidy’ means the Subsidy Amount provided to the Applicant by Solar Victoria on behalf of the Victorian Government in connection with the ZEV Subsidy Program.
The State of Victoria through Solar Victoria within DEWLP administers the ZEV Subsidy Program by assisting with the cost of purchasing and maintaining an eligible ZEV, to promote and encourage the uptake of ZEVs across the State of Victoria. These Terms and Conditions apply to each Applicant to the ZEV Subsidy Program, whether an Individual or Business and whether or not the Applicant has completed a separate application form for the ZEV Subsidy Program.
3. Applicant acknowledgements
Each Applicant acknowledges and agrees that:
- Solar Victoria has absolute discretion to determine matters in relation to the ZEV Subsidy Program, including:
- the implementation and operation of the ZEV Subsidy Program;
- the valuation and administration of the Subsidy; and
- the Eligibility Criteria;
- the Applicant is solely responsible for selecting an Eligible Model and for satisfying itself that the Eligible Model is fit for purpose, and neither Solar Victoria nor its contractors provide any warranty or guarantee as to the standard of care, processes or compliance with applicable statutory consumer guarantees that will be undertaken by, or are the responsibility of, the relevant LMCT or OEM;
- neither Solar Victoria nor the Victorian Government are responsible for the supply or delivery of an Eligible Model, which must be supplied and delivered by the relevant OEM or LMCT;
- Solar Victoria has the right to contact Victorian and other State and Commonwealth government agencies to collect, use and disclose information provided by the Applicant in connection with the administration of the ZEV Subsidy, including but not limited to VicRoads and the Department of Transport;
- any information provided by the Applicant in connection with the ZEV Subsidy may be retained by Solar Victoria for auditing and program reporting purposes for a sufficient period to satisfy Solar Victoria’s reporting and record-keeping requirements;
- Solar Victoria may contact the Applicant regarding the processing of their application and to request further information in relation to determining if the Individual or Business satisfy the Eligibility Criteria;
- Solar Victoria may request the Applicant's participation in surveys on the use of ZEVs, solar, battery and electricity use and to receiving information and materials from Solar Victoria regarding ZEVs, energy related initiatives and occasional related surveys, unless otherwise specified in your application form; and
- subject to clause 13, Solar Victoria has the right to collect and use de-identified information provided by the Applicant regarding use of ZEVs and associated charging information for the purposes of program improvements, developing infrastructure and assessing demographics of take-up, and for de-identified reporting purposes. Solar Victoria reserves the right to share any de-identified information to any other party, including but not limited to, the relevant industry, electricity distributors, the relevant Minister, or other Government Departments, to develop de-identified reports for the purposes outlined in this clause.
The Subsidy is provided to the Applicant by the Victorian Government for the purpose of assisting with the cost of purchasing an eligible ZEV, to promote and encourage the uptake of ZEVs across the State of Victoria.
5. Conditions to receiving the Subsidy Amount
Solar Victoria may provide the Subsidy Amount if Solar Victoria is satisfied that:
- (receipt of information) it has received the following items in form and substance satisfactory to it:
- (Applicant details) all relevant information relating to the Individual or Business and the Eligible Model, including:
- individual’s name or business name;
- residential or business address;
- Driver’s Licence number or ABN and ACN;
- phone number;
- make and model of the Eligible Model;
- licence plate number;
- Purchase Price and Purchase Date of the Eligible Model;
- personal or business bank account details for payment; and
- the Applicant's eligibility declaration submitted as part of its application form.
- (required forms) all relevant documents relating to the purchase of an Eligible Model from an approved OEM or LMCT and VicRoads including:
- a Tax Invoice;
- a Certificate of Registration;
- a Contract of Sale; and
- (other information) all other information and documents requested by Solar Victoria from time to time in connection with the ZEV Subsidy Program, including other information relating to the Individual or Business, an Eligible Model or the purchase of an Eligible Model;
- (Applicant details) all relevant information relating to the Individual or Business and the Eligible Model, including:
- (eligibility) as at the date the ZEV is registered with VicRoads:
- (Eligibility Criteria) the Applicant has met the Eligibility Criteria; and
- (Eligible Model) the ZEV for which the Applicant has applied for a ZEV Subsidy is an Eligible Model;
- (representations and warranties) the representations and warranties are correct and not misleading; and
- (no Event of Default) no Event of Default subsists.
5.2 Expiry of ZEV Subsidy
Eligibility for a ZEV Subsidy will expire if the Applicant has not applied for a ZEV Subsidy within six (6) months from the Purchase Date of an Eligible Model. In the event that the conditions set out in these Terms and Conditions have not been met, other than where an Event of Default subsists, Solar Victoria may, at its absolute discretion, refuse to grant a subsidy to an Applicant. For the purpose of avoiding doubt, an Applicant must begin the Application process within six (6) months of purchasing an Eligible Model.
6. Provision of Subsidy Amount
Following satisfaction of the conditions in clause 5, Solar Victoria will pay the Subsidy directly to the Applicant, in the bank account details provided.
7. Representations and warranties
7.1 Representations and warranties
The Applicant represents and warrants to Solar Victoria that:
- (capacity) it acts on its own behalf in accepting these Terms and Conditions, and not as a trustee or on another person’s behalf;
- (application) all information disclosed to Solar Victoria to support the Applicant's application for the ZEV Subsidy is true, complete, accurate and not misleading and if the Applicant is Business the person submitting the Application Form has the authority to do so on behalf of the Business;
- (ZEV Subsidy) it has not previously received more than the permitted allocation of ZEV Subsidies, being one for an Individual and two for a Business;
- (solvent) it is not involved in any bankruptcy, insolvency or other similar proceeding;
- (non-compliance) to the best of its knowledge, there are no legal, regulatory, contractual or other restrictions that would prevent the Applicant from complying with these Terms and Conditions;
- (information) it has fully disclosed (in writing) to Solar Victoria all information material to Solar Victoria’s assessment of the nature and amount of risk undertaken by Solar Victoria in entering into and performing the obligations under these Terms and Conditions and such information is accurate and not misleading; and
- (no Event of Default) no Event of Default subsists.
The Applicant repeats each representation and warranty in this clause 7 with reference to the facts and circumstances on the application date, the date on which conditions in clause 5 are satisfied and the date the ZEV Subsidy is provided.
8.1 Notices to Solar Victoria
The Applicant must notify Solar Victoria as soon as it becomes aware of:
- (representation and warranty) any representation and warranty made, or taken to be made, by the Applicant or on its behalf in connection with an application for a ZEV Subsidy becoming untrue, incorrect or misleading when made or taken to be made; and
- (Event of Default) an Event of Default occurring (such as a failure of the Applicant to comply with its obligations, a representation, warranty or statement becoming untrue or an event occurring which results in the Eligible Model being undeliverable within the Lead Time or the Applicant being outside the Eligibility Criteria), and (if applicable) the steps taken or proposed to be taken to remedy it.
8.2 General undertakings
The Applicant must (unless Solar Victoria otherwise consents):
- (information) provide any information in relation to the Applicant's Eligible Model, the use of the Applicant's Eligible Model and the purchase of the Applicant's Eligible Model from the OEM or LMCT that Solar Victoria may request from time to time;
- (data collection) allow data relating to the Eligible Model to be made available for Victorian Government reports, including the collection and use of de-identified information and data relating to these reports for the purpose of program improvements, developing infrastructure and assessing demographics of take-up, and for reporting purposes;
- (obligations) comply with its obligations under these Terms and Conditions and not enter into any arrangement or other arrangement which would prevent them from complying with their obligations under these Terms and Conditions;
- (no Event of Default) ensure that an Event of Default does not occur; and
- (ZEV Subsidy) not apply or otherwise attempt to receive more than one subsidy under the ZEV Subsidy Program as an Individual, or two as a Business.
9. Events of Default
9.1 Events of Default
An Event of Default occurs, whether or not it is within the control of the Applicant, if:
- (obligations) the Applicant fails to comply with any condition under these Terms and Conditions and the breach is incapable of remedy or, where the breach is capable of remedy, fails to remedy that breach within fourteen (14) Business Days of the earlier of:
- receipt by the Applicant of a Notice from Solar Victoria requesting the Applicant to do so; and
- the Applicant becoming aware of the failure to comply;
- (untrue representation) a representation, warranty or statement made (or deemed to be made) by or on behalf of the Applicant to Solar Victoria is or becomes untrue, incomplete, misleading or deceptive in any respect which Solar Victoria considers to be material; or
- (extenuating circumstances) an event, act or omission occurs which results in the Applicant's Eligible Model being undeliverable within the Lead Time or the Applicant being outside of the Eligibility Criteria during the period between application for the ZEV Subsidy Program and the payment of the ZEV Subsidy for any reason including, but not limited to, the amount paid for the ZEV exceeding the threshold.
9.2 Consequences of Event of Default
- If an Event of Default subsists, notwithstanding clauses 9.2(b) or 9.2(c), Solar Victoria may give Notice to the Applicant declaring that:
- any pending application for a ZEV Subsidy is rejected and/or pending payment of the ZEV Subsidy is cancelled;
- the Applicant must reimburse all or any part of any ZEV Subsidy to Solar Victoria; and
- Solar Victoria’s obligations specified in the Notice have been terminated with immediate effect,
and the Applicant must comply with any direction from Solar Victoria to reimburse all or any part of any ZEV Subsidy to Solar Victoria in a Notice provided under this clause 9.2(a).
- If Solar Victoria gives a Notice under clause 9.2(a), Solar Victoria will not be obliged to make a ZEV Subsidy available to the Applicant under these Terms and Conditions.
- Where the Event of Default relates to the Lead Time being exceeded, Solar Victoria may in its absolute discretion make a determination as to whether or not the Subsidy Amount will be paid to the Applicant or require the Applicant to re-apply for the subsidy.
10. Warranties and liability
- Subject to clause 10(c), Solar Victoria and the Victorian Government provide no other warranty, guarantee or assurance, express or implied, to the Applicant in relation to any goods or services supplied to the Applicant by Solar Victoria or the Victorian Government.
- Subject to clause 10(c), neither Solar Victoria nor the Victorian Government will have any liability to the Applicant for any economic loss, loss of contract, loss of profit or revenue, loss of opportunity, loss of production, production stoppage, loss of data or other Loss in the nature of special, indirect or consequential loss, or any other Loss that arises directly or indirectly in connection with the ZEV Subsidy Program or the delivery or operation of the Eligible Model, and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity.
- Notwithstanding the foregoing, if the Applicant is a 'consumer' for the purposes of the Australian Consumer Law (Consumer) and Solar Victoria or the Victorian Government supply services which are of a kind ordinarily acquired for personal, domestic or household use or consumption to the Applicant, the Applicant may have certain rights under the Australian Consumer Law, including in respect of the guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law (Consumer Guarantees). Except to the extent permitted under the Australian Consumer Law, nothing in this clause or these Terms and Conditions will be interpreted as attempting to exclude, restrict or modify the application of those rights. To the extent permitted under the Australian Consumer Law, the liability of Solar Victoria or Victorian Government to the Applicant for failure to comply with a Consumer Guarantee is limited to the supply of the services again or the payment of the cost to the Applicant of having the services supplied again.
11. Costs and expenses
- Each party is responsible for their own costs in relation to the ZEV Subsidy and these Terms and Conditions.
- Solar Victoria has the right to seek recovery of any costs from the Applicant in connection with the enforcement of, or the preservation of any rights under, these Terms and Conditions.
- Except for general communication undertaken by phone and via the Solar Victoria website (with respect to communications with Solar Victoria), legal notices under these Terms and Conditions must be in writing and sent to the address of the recipient specified below or to any other address notified in writing:
- A notice, consent or communication by email is taken to be in writing and signed by the named sender.
- The Applicant agrees to the Electronic Transactions Act 2000 (Vic) applying to communication under these Terms and Conditions. The Applicant further agrees that any notices and communications between Solar Victoria and the Applicant relating to or connected with these Terms and Conditions can be conducted using electronic communications sent to any email address specified by the Applicant and that they agree to enter into contracts with Solar Victoria and interact with Solar Victoria using electronic communication.
13. Privacy and data protection
If any provision of these Terms and Conditions is void, voidable by a party, unenforceable, invalid or illegal and would not be so if a word or words were omitted, then that word or those words are to be severed and, if this cannot be done, the entire provision is to be severed from these Terms and Conditions without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions.
14.2 Governing law
These Terms and Conditions are governed by the laws in force in Victoria.
Reviewed 20 July 2021