In the media
Congestion is causing vessel delays that are equal to
removing ALL ultra-large container ships from the market
Unprecedented congestion and the resulting delays to
vessels have the effect of removing vast amounts of capacity from
the world container shipping fleet, internationally respected
maritime analyst company Sea-Intelligence has indicated (18 June
2021). More...
Australia Darwin ships first iron ore cargo in 6
years
Iron ore will leave the Northern Territory port of Darwin,
the first shipment since 2015 as persistently strong iron ore
prices drive more marginal iron ore producers into production
across Australia (23 June 2021). More...
Ports Australia, Port of Brisbane, Gladstone Ports
awarded runner-up prizes in IAPH Sustainability Awards
Ports Australia was shortlisted as a finalist for its Port
Sustainability Strategy Development Guide, Port of Brisbane for
their Brisbane International Cruise Terminal, Gladstone Ports
Corporation for their Expansion of community parklands project (26
June 2021). More...
AMSA conducting marine environment low sulphur fuel oil
study
The Australian Maritime Safety Authority
(AMSA) is conducting research throughout 2021 into
how Very Low Sulphur Fuel Oils (VLSFOs) behave if
spilled into the Australian marine environment (23 June 2021)..
More...
International Day of Seafarer highlights importance of
shipping to Australia's economic security
Seafarers are being recognised today for their invaluable
efforts to keep Australia's economy moving during the COVID
pandemic, ensuring health supplies and other essential goods
continued to reach our island nation throughout the crisis (25 June
2021). More...
ARTSA-i releases replacement parts guide
The ARTSA-institute has released a new 'Good Practice
Guide for Supply of Replacement Parts for use on Heavy
Vehicles', which aims to raise awareness about safety-critical
replacement parts and supply practices (25 June 2021). More...
Fuel security legislation passes Senate
The Federal Government's new measures to lock in the
future of the local petroleum refining sector and to reduce the
country's vulnerability in the event of interruption to
offshore supplies have been passed in the Australian Parliament (25
June 2021).
More...
ATA cheers as fuel security Bills pass Parliament
Federal Parliament's passage of fuel security Bills
this week will improve Australia's fuel security and keep the
trucking industry moving in times of emergency, according to the
Australian Trucking Association (ATA)(24 June 2021). More...
Global Energy Ventures signs propulsion system
development agreement for pilot-scale C-H2 ship
Perth-based Global Energy Ventures (ASX:GEV) has signed an
agreement with smart marine technology company Wa¨rtsila¨
Australia Pty Ltd to develop a propulsion system for its
pilot-scale compressed hydrogen (C-H2) ship (24 June 2021).
More...
Axle mass limits key to any changes on vehicle
width
HVIA is strongly opposed to changes to trailer width, but
if the government does decide to change trailer width,
manufacturers who would require retooling must be compensated by a
targeted assistance package to defray the costs of the transition
(23 June 2021). More...
NSW on the right track on cutting red tape and investing
in infrastructure
The Australian Logistics Council (ALC)
welcomed the NSW Budget brought down today as a step towards both
the reduction of red tape as well as investment in the critical
infrastructure that will keep freight moving in and around the
State (22 June 2021). More...
NSW electric vehicle strategy welcomed but the needs of
freight must be considered
The ALC has welcomed the release of the NSW
Government's comprehensive Electric Vehicle Strategy however
the needs of the Australian freight industry should not be
forgotten. In the Australian Government 'Future of
Fuels' discussion paper, rigid trucks and long haul trucks will
need dedicated public charging infrastructure, due to their larger
batteries (21 June 2021). More...
Heavy rigids lead improvements in fatal truck
crashes
After years of resisting the falling trend in heavy
vehicle fatal crashes and fatalities, heavy rigids have made a
solid and all too welcome reversal in the past two years. The BITRE
figure for the first quarter of this year reflect the sort of
divergence heavy articulated trucks previously led, the latter now
trending slightly upward (21 June 2021). More...
Industry faces challenges on visibility of subcontractor
safety practices
Tier 1 transport and logistics operators are being
confronted with the issue of managing safety across their wider
work force. Under chain of responsibility laws any party of
influence that fails to properly ensure Heavy Vehicle National Law
compliance can be found culpable (18 June 2021).
More...
Roads Australia releases latest strategic plan
Roads Australia has released the latest iteration of its
three-year rolling Strategic Plan, outlining how it will bring
industry, government and communities together - leading progress in
Australia's roads, integrated transport and mobility networks
(18 June 2021). More...
Published - articles, papers, reports
RA Strategic Plan 2021-23
Road Australia: 18 June 2021
Will help lead the industry's evolution as they become more
diverse, inclusive and sustainable in approaches to delivering safe
and efficient transport infrastructure that meets the needs of a
growing population. Policy objectives for 2021 are built around
four key themes - Resilience, People, Place Making and Data and
Technology. More...
NHVR: Newsletter
Latest edition - On the Road Issue 116 -
15 June 2021
Fortnightly newsletter providing important information on the
heavy vehicle industry, including the latest NHVR news and events,
relevant law and policy changes. More...
Practice and Regulation
AMSA: HF radiotelephone monitoring in Australia
From 1 January 2022, AMSA will provide 24-hour nationwide
monitoring of high frequency (HF) radiotelephone
distress, urgency and safety communications in Australia. More...
AMSA: Current marine notice 2021/01 focused inspection
campaign-livestock ships - Port State control
This marine notice provides information to ship owners,
operators and masters about the Focused Inspection Campaign on
livestock ships which will run from 1 March 2021 to 31
August 2021. More...
AMSA: Domestic Commercial Vessel (DCV) Safety
Alert
If you are currently operating under an exemption that
expires on the 30 June 2020, it has now been automatically extended
for 5 years, until 30 June 2025. This Alert
is to advise vessel owners, operators, masters, coxswains and crews
that the AMSA has taken steps to extend the duration of all
National Law certificates of competency. More...
ASQA approves extended transition period for
qualifications from the MAR Maritime Training Package
In some cases, ASQA is empowered to approve transition
periods longer than those detailed in Clauses 1.26 (a), (b) and (c)
of the Standards for Registered Training Organisations 2015. ASQA
has recently approved the following extended transition periods for
qualifications from the MAR Maritime Training Package (18 June
2021). More...
IFAM Extension of the International Freight Assistance
Mechanism to September 2021
Extension to the International Freight Assistance
Mechanism (IFAM) to ensure commercially viable
access to market for Australian exporters of perishable commodities
to the end of September 2021. For more information about the
extension, please refer to the IFAM webpage and latest fact sheet.
A new home for road vehicle recalls
From 1 July 2021, road vehicle recalls will be published
by the Department of Infrastructure, Transport and Regional
Development and Communications. More...
HVIA: Release of ADR Amendment Omnibus
DITRDC will now manage minor changes to ADR's via
periodic "omnibus" instruments which will contain a
number of changes in one instrument. The first of these instruments
for 2021, Vehicle Standard (Australian Design Rule) Amendment
Instrument 2021 (No.1), was released by the
Department. The Department has issued an explanation note for each
of the changes, which can be found here. The omnibus, itself outlines the
specific changes and can be found here (09 June 2021).
HVIA: Implementation team lined up to address RVSA
The Department of Infrastructure has released two new
guidance documents the Guide to Vehicle Type Approval Opt-in
Arrangements and the Guide to Vehicle Type Approvals. HVIA has
updated its checklists for Manufacturers regarding Identity Plate
Approvals and Vehicle Type Approvals to incorporate references to
these new documents. HVIA's RVSA Checklist for Manufacturers- IPAs
and VTAs. Manufacturers of vehicles are encouraged to read
these documents to ensure they are prepared for the implementation
of the new legislation which commences on 1 July 2021.
HVIA: RVSA Checklists
HVIA has prepared guidance material in preparation for the
introduction of the Road Vehicle Standards Act (RVSA) on 1 July
2021. The guidance material consists of three checklists for
members intended to assist the following: Component Suppliers - SARN and CRN
holders, Manufacturers - holders of IPAs and
VTAs and Manufacturers - a checklist covering the
transition to the RAV.
ATSB: Applications now open for Graduate
Certificate in Transport Safety Investigation
The ATSB and RMIT University recently established a
strategic partnership to teach how to manage and lead accident
investigations of aviation, rail and marine vehicles. Applications
for the intake of the Graduate Certificate in Transport Safety
Investigation are now open. Find out more on the RMIT website, including how to apply directly for the 2022
February intake. More...
DAWE: Import industry advice notices 2021
24/06/2021 137-2021 COVID-19 Impact on Biosecurity Operations in
NSW
23/06/2021 136-2021 Re-finalisation of AIMS FID entries post broker
initiated amendments
23/06/2021 135-2021 New biosecurity first point of entry
determinations commenced 16 June 2021
23/06/2021 134-2021 Temporary changes to import certificate
requirements for fresh produce, cut flowers, plants and other
imported plant-based commodities extended to 30 June 2022
23/06/2021 133-2021 Temporary changes to import certificate
requirements for imported animals, biological and animal-based
goods extended to 30 June 2022
18/06/2021 125-2021 Applications to change the end use of imported
biological goods (repurposing)
IFCBAA: New recycling and waste laws
Rules for plastics will come into effect on 1 July 2021
(stage 1) and 1 July 2022 (stage 2); tyres on 1 December 2021; and
paper on 1 July 2024. Exporters of these materials will need a
licence to export by the required date. Information on
transitioning to the regulation be found here.
Cases
R v
Lyons [2021] QCA 136
The appeal against conviction is allowed, the verdict of guilty on
each count is set aside and a retrial is ordered on each
count.
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR
INSUPPORTABLE HAVING REGARD TO EVIDENCE - where the appellant was
convicted of five counts of fraud to the value of over $30,000.00
and three counts of fraud - where the fraud was allegedly committed
by the appellant in the course of operating a business
importing vessels - where the appellant gave evidence in
her own defence - where the prosecution case was supported by a
considerable body of documentary evidence - whether the verdict of
guilty on each count was unreasonable or unsupported by the
evidence
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL
- MISDIRECTION AND NON-DIRECTION - OTHER MATTERS - where dishonesty
was an element of each count - where the trial judge failed to
identify the knowledge, belief or intent said to render the
appellant's acts dishonest
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL
- MISDIRECTION AND NON-DIRECTION - JOINT TRIAL OF SEVERAL COUNTS -
where the appellant was convicted of five counts of fraud to the
value of over $30,000.00 and three counts of fraud
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL
- MISCARRIAGE OF JUSTICE - GENERALLY - each of the three
complainants ... engaged with Ms Lyons to use her services as a
freight and import broker to transport vessels that
each of them were negotiating to buy in the United States back to
Australia
MINERALOGY PTY LTD v SINO IRON PTY LTD
[No 2] [2021] WASCA 105
Practice and procedure - abuse of process - practice and procedure
- whether claim for 'reflective loss' disclosed reasonable
cause of action or constituted abuse of process - iron ore products
from the ore for sale or export, Mineralogy Royalty,
notional export value
Gippsland Ports Committee of
Management Incorporated T/A Gippsland
Ports [2021] FWCA
3597
Fair Work Act 2009 s.185-Enterprise agreement
Application for approval of the Gippsland Ports Enterprise
Agreement 2020.
Royal Caribbean Cruises Ltd v
Browitt [2021] FCA
653
PRIVATE INTERNATIONAL LAW - anti-suit injunction - whether
proceeding against the first applicant in Florida is in breach of
an exclusive jurisdiction clause - whether the first applicant is a
party to or has rights under the exclusive jurisdiction clause -
whether the second applicant can enforce the exclusive jurisdiction
clause with respect to a proceeding against the first applicant -
whether Florida proceeding is vexatious and oppressive
CONTRACTS - whether carrier's standard terms and conditions
were incorporated into the contract of carriage - whether signature
by customer of the travel agent's terms and conditions which
provided for bookings on the carrier's terms and conditions was
sufficient to incorporate the latter - whether reasonable notice of
the carrier's standard terms and conditions was given to the
customer
DSE Transport Pty Ltd v Conglomeration
Pty Ltd [2021] NSWDC
251
(1) Judgment for the plaintiff for $163,657.25.
CONTRACT - claim for liquidated sum - cross-claim
DSE provided the following services to the defendant:
(a) "Point-to-point' services, namely the provision of
drivers and trucks to a customer to transport goods or freight in
between pre-booked locations.
(b) Warehousing and packaging services, namely empty pallets,
pallet wrapping material (such as bubble-wrap and shrink-wrap) to
palletise freight and also storage services
Legislation
Commonwealth
Bills
Customs Amendment (Banning Goods Produced
By Forced Labour) Bill 2021
Senate 24/06/2021 - The purpose of the Customs Amendment
(Banning Goods Produced By Forced Labour) Bill 2021 (the Bill) is
to ban absolutely the importation of goods that are produced in
whole or part by forced labour.
Biosecurity Amendment (Strengthening
Penalties) Bill 2021
Finally passed both Houses - 23/06/2021 - Amends the Biosecurity
Act 2015 to increase the civil and criminal penalty amounts for
contraventions of certain key requirements relating to the
assessment and management of biosecurity risks of goods that are
brought or imported into Australian territory, and the carrying out
of biosecurity activities in accordance with an approved
arrangement
Customs Tariff Amendment (2022 Harmonized
System Changes) Bill 2021
HR - 23/06/2021 - The purpose is to amend the Customs Tariff
Act1995 (the Customs Tariff Act) to implement the outcomes of the
World Customs Organization's sixth review of the Harmonized
Commodity Description and Coding System (the Harmonized System).
More...
Customs Amendment (2022 Harmonized System
Changes) Bill 2021
HR 23/06/2021 - The purpose of the Customs Amendment
(2022 Harmonized System Changes) Bill 2021 (the Bill) is to amend
the definition of 'tobacco products' in subsection 4(1) of
the Customs Act 1901 (the Customs Act) to include a reference to
new subheading 2404.11.00 of Schedule 3 of the Customs Tariff Act
1995 (Customs Tariff Act).
Regulations
Great Barrier Reef Marine Park Amendment
(No-Anchoring Areas) Regulations 2021
24/06/2021 - This instrument amends the Great Barrier Reef Marine
Park Regulations 2019 to create new strict liability offence and
infringement notice offence provisions for anchoring in a declared
no-anchoring area.
Road Vehicle Standards (Verification of
Road Vehicles) Determination 2021
25/06/2021 - This instrument sets out the requirements that apply
where the holder of an authorised vehicle verifier approval is
verifying a road vehicle that has been manufactured or modified by
the holder of a registered automotive workshop approval, in
accordance with an approved Model Report.
Customs and Biosecurity Amendment (Deferred
Charges for Australian Trusted Traders) Regulations
2021
24/06/2021 - This instrument allows Australian Trusted Trader
(ATT) importers to defer payment of additional
taxes and charges in relation to certain imported goods instead of
paying on a transactional basis.
Road Vehicle Standards (Model Reports)
Determination 2021
24/06/2021 - This instrument sets out the content that
must be included in a Model Report and the form it must
take.
Road Vehicle Standards (Limit of Acceptable
Damage or Corrosion) Determination 2021
24/06/2021 - This instrument sets out the limits of damage or
corrosion, or repair of damage or corrosion, that can be present on
vehicles which will be entered on the Register of Approved Vehicles
(RAV) after being verified by an authorised
vehicle verifier. The damage or corrosion limit is intended to
ensure that only vehicles of good quality are imported and added to
the RAV.
Fuel Tax (Road User Charge-Gaseous Fuels)
Determination 2021
23/06/2021 - This instrument sets the rate of road user charge for
taxable fuels for which duty is payable at a rate per kilogram of
fuel at 35.3 cents per kilogram.
Gazetted 23 June 2021
National Heavy Vehicle Regulator - Fee for
Victorian Services Notice 2021 (No.2)
23/06/2021 - The purpose of this Notice is to set fees payable for
the provision of services connected to the administration of the
Heavy Vehicle National Law (HVNL). The fees
specified in this Notice relate to heavy vehicles transporting
large indivisible items and operating under an escort requirement
made under the HVNL
Gazetted 22 June 2021
Wharf Appointment and Revocation (No.
21/14) - Sydney Cove Passenger Terminal -
22/06/2021
Gazetted 21 June 2021
New South Wales Class 2 Safety Productivity
& Environment Construction Transport Authorisation Notice 2021
(No.1)
This Notice authorises the use of stated categories of class 2
heavy vehicles that are Performance Based Standards vehicles on the
New South Wales SPECT Scheme Network, subject to specified
conditions.
Gazetted: reminder
Notice of Intention to Propose Customs
Tariff Alterations - Notice (No. 3) 2020
At the end of Schedule 4 Insert: 57B. Goods, as prescribed by
by-law, if:
(a) the goods are medical products or hygiene products; and
(b) the goods are capable of use in combating the novel coronavirus
that causes the disease known as COVID-19; (c) the time for working
out the rate of duty on the goods is in the period beginning on 1
January 2021 and ending at the end of 30 June 2021. The alteration
operates from 1 January 2021.
NSW
Proclamations commencing Acts
Road Transport Legislation Amendment (Drink and
Drug Driving Offence) Act 2021 No 3 (2021-307) - published
LW 25 June 2021
Road Transport Legislation Amendment Act 2020 No
33 (2021-309) - published LW 25 June 2021
Road Transport Legislation Amendment Act 2020 No
33 (2021-308) - published LW 25 June 2021
Regulations and other miscellaneous instruments
Rail Safety National Law National Regulations
(Fees) Variation Regulations 2021 (2021-343) - published
LW 25 June 2021
Road Transport Amendment (Vehicle Registration)
Regulation 2021 (2021-327) - published LW 25 June
2021
Road Transport Legislation Amendment (Penalties,
Fees and Charges) Regulation 2021 (2021-328) - published
LW 25 June 2021
Bills introduced Government
Electric Vehicles (Revenue Arrangements) Bill
2021
Bills revised following amendment in Committee
Motor Accidents and Workers Compensation
Legislation Amendment Bill 2021
Queensland
Subordinate legislation as made - Reminder
No 44 Transport Legislation (Fees) Amendment Regulation
2021
Part 6 Amendment of Transport Infrastructure (Dangerous Goods by
Rail) Regulation 2018
Part 7 Amendment of Transport Infrastructure (Public Marine
Facilities) Regulation 2011
Part 9 Amendment of Transport Operations (Marine Safety) Regulation
2016
Part 12 Amendment of Transport Operations (Road Use
Management-Dangerous Goods) Regulation 2018
Note: The following provisions commence on 1 July 2021- parts 2, 3,
5, 6, 7 and 15; part 4, division 3; part 8, division 3; part 9,
division 3; part 10, division 3; .part 11, division 3; part 12,
division 3; part 13, division 3; part 14, division 3.
Victoria
Statutory Rules as made - Reminder
No 49 Dangerous Goods (Storage and Handling) Amendment
(Notification) Regulations 2021
Notification to Authority, From July 1, 2021, the Dangerous Goods
(Storage and Handling) Regulations 2012 will require all duty
holders occupying premises with prescribed quantities of dangerous
goods to notify WorkSafe at least every two years.
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.