In the media
Prosecutor wins Tasmanian HVNL overloading appeal
A retiring Tasmanian trucking company owner has had an
overloading fine increased more than four-fold on appeal under a
Heavy Vehicle National Law (HVNL) prosecution (13
July 2018).
More...
Hefty fine over driver injury from stone slabs
Cosentino Australia has been fined $200,000 out of a
possible $1.5 million in the New South Wales District Court over
the serious injury and incapacity of a truck driver after a
SafeWork NSW criminal prosecution (12 July 2018).
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Bulk carrier banned for underpaying crew
The Australian Maritime Safety Authority
(AMSA) has banned the Hong Kong-flagged bulk
carrier MV Shandong Hai Wang for 12 months after it was discovered
that crew had been deliberately underpaid (12 July 2018).
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ALRTA seeks clarity on livestock CoR duties
The Australian Livestock and Rural Transporters
Association has lodged a submission in response to the National
Transport Commission's discussion paper on load restraint and
effluent (12 July 2018).
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TCA launches telematics app guide
A new guide to building new telematics applications has
been launched in a wide-ranging series of document updates by
Transport Certification Australia (TCA), to
provide clarity for developers, producers and consumers (10 July
2018).
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Industry bodies join forces in fatigue rule
shakeup
Industry bodies have come together to assist the National
Transport Commission (NTC) in assessing two
fatigue-related issues within the Heavy Vehicle National Law
(HVNL) (09 July 2018).
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Avoid mandated Owner Driver pay rates: NatRoad
Imposing mandated rates of pay for owner drivers would be
bad for them, bad for business and bad for the economy, National
Road Transport Association (NatRoad) chief
executive Warren Clark says (06 July 2018).
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TCA releases statement of corporate intent
Transport Certification Australia has released its
Statement of Corporate Intent for 2018-19 which presents TCA's
key areas of focus and work program for the financial year (04 July
2018).
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Federal Government announces review into Over-sized
Truck Permit
The Government announced an independent review into why
some heavy vehicle operators are experiencing economic losses and
delays in being granted special road access permits (03 July 2018).
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AHRC: Modern slavery 'hidden in plain
sight'
The Federal Government's proposed Modern Slavery
Bill 2018 would require mandatory annual reporting by large
businesses and organisations on the risks of modern slavery in
their supply chains and operations. The Bill would also require the
Federal Government to publish an annual statement covering possible
modern slavery risks in Commonwealth procurement (03 July 2018).
More...
Published – articles, papers, reports
On the Road, Issue 38, 2 July
2018
On the Road provides important information on the heavy
vehicle industry, including the latest NHVR news and events,
relevant law and policy changes, and resources to help industry
members comply with the HVNL.
In practice and courts
Australian Logistic Council Submissions
9 July 2018:
Safety Assurance for Automated Driving Systems
NHVR consultation on draft master code
The draft master code addresses the management of speed,
fatigue, mass, dimension and loading, and vehicle standards,
particularly as it relates to the new Chain of Responsibility
amendments commencing on 1 October. Feedback on the draft Master
Industry Code of Practice is open until 31 July. To view the draft
code and obtain more information or to provide feedback visit here
(03 July 2018).
More...
NHVR: Heavy vehicle safety hotline
Heavy vehicle drivers and supply chain employees can
confidentially report potential safety breaches via a new secure
hotline, which will protect the identity of the reporting
individual throughout all stages of the process (02 July 2018).
More...
NHVR: Changes to Chain of Responsibility laws confirmed
for 1 October
Reforms to the Chain of Responsibility
(CoR) laws will be implemented from 1 October. The
NHVR has information available including CoR Gap Assessment tools,
role-specific fact sheets, Safety Management System templates and
tools, and videos and podcasts. For more information on CoR visit
here.
More...
AMSA Reminder: Services are changing for owners,
operators, and crew of domestic commercial vessels
From 1 July 2018, you will have one system to navigate.
Read about the
national system transition and find out more about how these
upcoming changes may affect you.
More...
Home Affairs: GST on Low Value Imported Goods
From 1 July 2018, overseas vendors (including merchants,
electronic distribution platforms, and re-deliverers) that meet GST
registration requirements will be required to charge and collect
GST at the point of sale on eligible goods.
More...
NTC Submissions
Australian Light Vehicle Standards Rules 2018 - Consultation draft
(June 2018)
Comments due 1 August 2018.
Heavy Vehicle (Vehicle Standards) National Regulation -
Consultation draft (June 2018)
Comments due 1 August 2018.
NTC Discussion Paper - Mass limits for three-axle buses
Comments due 24 July 2018 .
NTC Reminder: New changes for the transport of dangerous
goods
The
Australian Code for the Transport of Dangerous Goods by Road and
Rail is set to be updated with changes designed to reduce the
burden on industry when transporting low-risk items and bring into
line with new United Nations transport requirements. In May,
Transport ministers approved version 7.6 of the Code, with the
changes effective from 1 July 2018 and compulsory from 1 July 2019.
More...
NTC safety assurance system for automated vehicles
Australia's approach to a safety assurance system for
automated vehicles is the subject of a
Consultation Regulation Impact Statement (RIS)
which opened for public consultation.
More...
Cases
Tomvald v Toll Transport Pty Ltd
[2018] FCA 969
INDUSTRIAL LAW – interlocutory application to
strike out pleadings or, alternatively, dismiss the proceedings
– whether this proceeding seeks to litigate matters that were
or should have been determined in related prior proceeding –
whether this proceeding gives rise to res judicata, issue estoppel
or abuse of process – where applicant alleges breaches of
enterprise agreement and adverse action by employer in substantive
proceeding, alleged to be based on facts subsequent in time to
determination of prior proceeding – meaning of "like for
like" in conversion from casual employment to permanent
full-time employment – held: application to strike out
pleadings granted in relation to one aspect of claim for seeking to
litigate previously determined matter, denied in relation to three
remaining aspects of claim. Fair Work Act 2009 (Cth)
ss.50, 340, 361, 570.
Bilinga Beach Holdings P/L v Western Downs Regional Council
& Anor [2018] QPEC
34
PLANNING AND ENVIRONMENT – APPEAL – applicant
appeal against refusal – whether use characterised as
Transport terminal – whether a decision to approve would
conflict with a planning scheme – weight to be given to new
planning scheme.
SafeWork NSW v Cosentino Australia Pty Ltd (No.2) [2018]
NSWDC 182
CRIMINAL LAW – prosecution – work health and
safety – duty of persons undertaking business – risk of
death or serious injury.
SENTENCE – objective seriousness – general deterrence
– specific deterrence – aggravating factors –
mitigating factors – fine – capacity to pay –
appropriate penalty.
WORK HEALTH AND SAFETY – safe loading system –
employee training.
OTHER – unsafe loading of stone slabs.
Cro Travel Pty Ltd v Australia Capital Financial Management
Pty Ltd [2018] NSWCA
153
CONSUMER LAW – misleading or deceptive conduct
– whether the appellant contravened s.18(1) of the Australian
Consumer Law by issuing sea-carriage documents in respect of goods
as agent for certain carriers despite having no authority and
whilst other sea-carriage documents issued by carriers as principal
in respect of the same goods were also in circulation –
whether such conduct caused the respondent loss.
AGENCY – warranty of authority – whether the
appellant's breach of warranty of authority caused the
respondent loss – whether primary judgment could be supported
on the basis that, if the documents had been issued with authority,
the respondent would have obtained rights as pledgee.
Roberts v Redpath Haulage Pty Ltd
[2018] TASSC 33
APPEAL AND REVIEW – Tasmania – Motion to
review – Appeal against sentence – Crown alleged
sentence is manifestly inadequate – Magistrate sentenced for
breach of the Heavy Vehicle National Law – Magistrate erred
in exercise of sentencing discretion – Magistrate failed to
take into account relevant considerations – Sentence
manifestly inadequate.
Legislation
Commonwealth
Export
Control (Animals) Amendment (Approved Export Programs and Other
Measures) Order 2018
06/07/2018 - This instrument amends the Export Control
(Animals) Order 2004 to set up a scheme for approved export
programs. An approved export program is relevantly defined in
subsection 9A(2) of the Export Control Act 1982 as a
program of activities to be undertaken by an accredited
veterinarian or an authorised officer for the purpose of ensuring
the health and welfare of eligible live animals in the course of
export activities.
Victoria
No. 101 Marine Safety Amendment (Expiry Date) Interim
Regulations 2018
Date of Making: 10/07/2018 Commencement: Regs 1-5, 7 on
12/07/2018: reg. 3(1).
Reg. 6 on 11/07/2019: reg. 3(2) Not yet in operation: Reg. 6: on
11/07/2019: reg. 3(2).
Sunset Date: 12/07/2019: reg. 7.
Victorian legislation is available at www.legislation.vic.gov.au
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.