Fuel Tax (Road User Charge) Determination 2023

Administered by Department of the Treasury

Legislation au F2023L00681 Not in force Legislative Instrument

Legislation content

Fuel Tax (Road User Charge) Determination 2023

made under subsection 4310(8) of the

Fuel Tax Act 2006

Compilation No. 1

Compilation date: 1 April 2026

Includes amendments: F2026L00410

About this compilation

This compilation

This is a compilation of the Fuel Tax (Road User Charge) Determination 2023 that shows the text of the law as amended and in force on 1 April 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

(2)     I determine that for the period mentioned in column 1 of the following table, the rate of road user charge for taxable fuels for which duty is payable at a rate per litre of fuel (liquid fuels) is the rate mentioned in column 2 of the table.

Rates of road user charge for liquid fuels

 

Item

Column 1

For the period:

Column 2

the rate of road user charge per litre of fuel is:

 

1

1 July 2023 to 30 June 2024

$0.288

 

2

1 July 2024 to 30 June 2025

$0.305

 

3

beginning on 1 July 2025

$0.324

 

(3)     I determine that for the period mentioned in column 1 of the following table, the rate of road user charge for taxable fuels for which duty is payable at a rate per kilogram of fuel (gaseous fuels) is the rate mentioned in column 2 of the table.

Rates of road user charge for gaseous fuels

 

Item

Column 1

For the period:

Column 2

the rate of road user charge per kilogram of fuel is:

 

1

1 July 2023 to 30 June 2024

$0.385

 

2

1 July 2024 to 30 June 2025

$0.408

 

3

beginning on 1 July 2025

$0.432

 

(4)     I determine that, despite sections (2) and (3) of this instrument, for the period beginning on 1 April 2026 and ending on 30 June 2026, the road user charge for liquid and gaseous fuels is $0.000.

Note:  At the expiry of the period in section (4), the rates of the Road User Charge for liquid and gaseous fuels revert to the rates determined in sections (2) and (3) respectively.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Fuel Tax (Road User Charge) Determination 2023

2 June 2023 (F2023L00681)

1 July 2023

 

Fuel Tax (Road User Charge) Amendment Determination 2026

31 Mar 2026 (F2026L00410)

1 Apr 2026 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s (1)....................

rep LA s 48C

s (4)....................

ad F2026L00410

 

ed C1

commencement para.........

rep LA s 48D

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Section (4)

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

Schedule 1 item 1 of the Fuel Tax (Road User Charge) Amendment Determination 2026 provides as follows:

1  After section 3

Omit “This instrument commences on 1 July 2023. Dated 19 April 2023” and insert:

(4)     I determine that, despite sections (2) and (3) of this instrument, for the period beginning on 1 April 2026 and ending on 30 June 2026, the road user charge for liquid and gaseous fuels is $0.000.

Note:  At the expiry of the period in section (4), the rates of the Road User Charge for liquid and gaseous fuels revert to the rates determined in sections (2) and (3) respectively.

The text “This instrument commences on 1 July 2023.” was previously automatically repealed by section 48D of the Legislation Act 2003.

The making date is not a material part of the instrument therefore the amendment to omit the text “Dated 19 April 2023” is not required and cannot be done.

This compilation was editorially changed to insert section (4) after section (3) to give effect to the misdescribed amendment as intended.

 

Overview

The Fuel Tax (Road User Charge) Determination 2023 was enacted to address the need for a structured and transparent framework for determining the rates of road user charges on liquid and gaseous fuels. This legislative instrument was made under subsection 43-10(8) of the Fuel Tax Act 2006 and was introduced to ensure that the rates of road user charges are set in a clear and predictable manner. This was necessary to maintain fiscal responsibility and to provide road users with adequate notice of the charges they will incur. The Determination was made by the relevant authority as stipulated under the Act and aims to provide a stable and foreseeable financial environment for both the government and the taxpayers. The rates set out in the Determination are designed to adjust incrementally over specified periods, reflecting economic conditions and policy objectives.

Scope and Application

The Fuel Tax (Road User Charge) Determination 2023 applies to taxable fuels, including liquid and gaseous fuels, for which duty is payable in Australia. This determination sets the rate of the road user charge for these fuels, thereby affecting entities involved in the sale or use of such fuels. The geographic reach of this determination is national, impacting all entities across Australia. Notably, the rates specified in the determination are subject to change based on the periods outlined, and any uncommenced amendments are accessible on the Register. The rates revert to their original values after the specified temporary period from 1 April 2026 to 30 June 2026, when the charge is set at $0.00. The application of this determination may be extended or restricted through subordinate instruments, and any editorial changes do not alter the effect of the law.

Key Provisions

The Fuel Tax (Road User Charge) Determination 2023 sets out the rates of road user charge for liquid and gaseous fuels for different periods, as specified in sections (2) and (3). Section (2) details the rates for liquid fuels, with rates set at $0.288 per litre from 1 July 2023 to 30 June 2024, $0.305 per litre from 1 July 2024 to 30 June 2025, and $0.324 per litre beginning on 1 July 2025. Similarly, section (3) outlines the rates for gaseous fuels, with rates set at $0.385 per kilogram from 1 July 2023 to 30 June 2024, $0.408 per kilogram from 1 July 2024 to 30 June 2025, and $0.432 per kilogram beginning on 1 July 2025. Section (4) provides an exception, setting the road user charge for both liquid and gaseous fuels to $0.000 for the period beginning on 1 April 2026 and ending on 30 June 2026, after which the rates revert to those determined in sections (2) and (3). The obligations imposed by this Determination include the requirement for entities liable for the road user charge to calculate and remit the charge at the specified rates for the relevant periods. This involves accurately determining the volume or mass of the taxable fuels used and applying the correct charge rate. The Determination also mandates that records be maintained to substantiate the charge calculations and to demonstrate compliance with the specified rates. Failure to comply with the requirements of the Fuel Tax (Road User Charge) Determination 2023 can result in civil and criminal penalties. Under the Fuel Tax Act 2006, penalties for non-compliance can include fines of up to $22,000 for individuals and significantly higher amounts for corporations, as specified in the Act. Additionally, persistent or wilful non-compliance may result in prosecution, leading to further penalties including imprisonment. The maximum penalties for such offences are detailed in the Fuel Tax Act 2006, with severe consequences for those found guilty of deliberately evading or under-remitting the road user charge.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.