In the media
Green hydrogen feasibility study positions Port of
Newcastle to drive a more diverse Hunter economy
As announced by Prime Minister Scott Morrison,
Australia's deepwater global gateway, Port of Newcastle, is
partnering with Macquarie Group's Green Investment Group and
the Commonwealth Government's Australian Renewable Energy
Agency to support the development of a hydrogen economy in the
Hunter region (08 November 2021). More...
Revenue from carbon prices on shipping must be targeted,
say experts
Shipping's decarbonization and developing countries
should be the beneficiaries of carbon costs imposed on bunker fuel,
according to political and diplomatic transport experts (13
November 2021).
More...
Countries commit to 'green shipping
corridors'
More than 20 countries have agreed to work towards
establishing "green shipping corridors" to be used by
zero-emission vessels. During COP26 22 countries including the UK,
US, Japan and Australia signed the Clydebank Declaration, which
aims to set up six such corridors "by the middle of this
decade" and "many more" by 2030 (12 November 2021).
More...
First port in Australia to achieve Climate Active carbon
neutral certification
GeelongPort has become the first port in Australia to
achieve Climate Active carbon neutral certification for its
business operations. Reaching carbon neutrality was one of the
long-term objectives in GeelongPort's 20-year environment
strategy released in 2019 (11 November 2021). More...
Better bridges and more rest stops in revised $250m
program
The federal government has promised $250 million as part
of a revised joint program designed to help improve heavy vehicle
safety, keep freight moving and create jobs. The Bridges Renewal
Program and the Heavy Vehicle Safety and Productivity Program will
now run in unison, so applicants can source appropriate programs
for their projects (11 November 2021).
More...
Suez Canal Authority hikes fees by 6 per cent
Ship operating costs will get more expensive next year on
the main East/West trades as the Suez Canal Authority has hiked
toll fees by 6 per cent from February 2022. All vessel types,
except cruise ships and LNG carriers, will be affected (05 November
2021).
More...
DP World Australia statement on ACCC stevedoring
monitoring report
Following the release of the 2020–21 ACCC
stevedoring monitoring report, DP World is surprised at the weight
attributed to the inaugural IHS Markit report on global port
performance which was published earlier this year, particularly the
criteria used to measure both port performance and stevedores
performances in those ports (10 November 2021).
More...
ACCC report points to need for more efficiency
"Voluntary guidelines for the way stevedores impose
new landside port charges need to be mandated to give the heavy
vehicle industry greater cost certainty," the National Road
Transport Association said. "Landside fees are rising too fast
but we at least want some warning of increases so members can
negotiate with their customers" (08 November 2021).
More...
Biosecurity documentation processing: A need for reform
and urgent interim solutions
While FTA is committed to a continuation of collaboration
with the department to implement remedial actions, there is clearly
a need for a broader over-haul of outdated practices with
labour-intensive processing of documents to be replaced with more
efficient data transfers, facilitation via industry self-assessment
and modernised electronic profiling (10 November 2021). More...
Advanced Emergency Braking ADR's for light goods
vehicles legislated
Mandating Advanced Emergency Braking for light vehicles
was identified as a priority in Future Steps of the National Road
Safety Strategy 2011–2020 as well as a Priority Action of the
National Road Safety Action Plan 2018–2020 (10 November
2021).
More...
HVIA welcomes government investment in Future Fuels
infrastructure
HVIA has welcomed the Prime Minister's announcement of
increased funding for infrastructure to support the rollout of
battery and fuel cell electric vehicles (09 November 2021).
More...
Driving down emissions in heavy transport with renewable
hydrogen
Heavy vehicles powered by renewable hydrogen will be used
in a first-of-a-kind deployment in Townsville, helping to reduce
emissions in the transport and mining sectors (08 November 2021).
More...
NatRoad says court ruling underlines need to consider
vaccination
The National Road Transport Association has urged all
people working in the supply chain to consider vaccinating against
COVID-19 following a landmark judgement (08 November 2021). More...
Industry partnership guides positive safety future
More fatigue risk management options, targeted compliance
activities and promoting safer, cleaner and efficient heavy
vehicles are some of the key initiatives to be delivered under the
first year of the NHVR's five-year strategy for heavy vehicle
safety. View the
Heavy Vehicle Safety Strategy 2021–2025 (08 November
2021).
More...
Global container trade disruptions leave Australian
businesses vulnerable
The COVID-19 pandemic has destabilised the global
container freight supply chain, and delayed shipments and rapidly
rising freight rates are putting intense pressure on Australian
exporters and importers, a new report from the ACCC reveals (04
November 2021).
More...
NHVR reappoints board, backs borderless operations in
new document
Key features of the modern, regulatory approach promoted,
as part of the NHVR's future vision, will be to deliver
borderless operations and increasing flexibility for safe operators
(03 November 2021). More...
HVIA welcomes NHVR statement on PBS changes
The heavy vehicle industry has welcomed the NHVR's
announcement of a new gazette notice that reduces reliance on
permits for some Performance Based Standards (PBS)
vehicles. The NHVR will give eligible PBS vehicles immediate
network access where the mass limits in the vehicle approval are
compliant with a Tier 1 bridge assessment (01 November 2021).
More...
Published – articles, papers, reports
NHVR: Newsletter
Fortnightlynewsletter providing important information on
the heavy vehicle industry, including the latest NHVR news and
events, relevant law and policy changes. Read
On the Road Issue 127 – 3 November 2021. Click here
to view the archive.
Container Stevedoring Monitoring Report
2020–2021
ACCC: 04 November 2021. The report presents information on
the financial and operational performance of the monitored
container stevedores, as well as observations regarding key
developments within the sector. Click
here for more information.
Practice and regulation
Advanced Emergency Braking ADR's for Light Goods
Vehicles Standards
The new ADRs were published on the Federal Register of
Legislation on 5 November 2021:
Vehicle
Standard (Australian Design Rule 98/00 – Advanced Emergency
Braking for Passenger Vehicles and Light Goods Vehicles) 2021
for AEB systems capable of detecting collisions with other vehicles
(C2C AEB) from 1 March 2023 for all new model vehicles and 1 March
2025 for all new vehicles.
Vehicle
Standard (Australian Design Rule 98/01 – Advanced Emergency
Braking for Passenger Vehicles and Light Goods Vehicles) 2021
for AEB systems capable of detecting collisions with other vehicles
(C2C) and pedestrians (C2P AEB) from 1 August 2024 for all new
model vehicles and 1 August 2026 for all new vehicles.
HVIA: Department urges early VTA opt-ins
While VTA opt-ins are technically available until 31
December, the Department of Infrastructure is urging vehicle
manufacturers to get their opt-in submissions in before 1 December
to ensure they are processed in time (October 2021). Read more
here.
Rural and Regional Affairs and Transport Legislation
Committee consultations
Australia's general aviation industry
Reporting date: 30 November 2021.
Legislative amendments to implement the 2022 Harmonized
System
The text of the amendments is available below:
Act No. 91 Customs
Tariff Amendment (2022 Harmonized System Changes) Act
2021
Act No. 90 Customs
Amendment (2022 Harmonized System Changes) Act 2021
The amendments will commence on 1 January 2022. Information
relating to the implementation of the 2022 Harmonized System can be
found on the
Australian Border Force website.
AMSA:Help shape regulations for lifejackets on domestic
commercial vessels
We are currently exploring practical
options to increase lifejacket wear on certain domestic
commercial vessels and have nowput together three possible options
for lifejacket wear to increase safety. We are now asking for
industry feedback to ensure the final regulations are relevant
and practical. Feedback closes on 17 December 2021. Click
here for more information.
AMSA: Final consultation on near coastal
qualifications
Tell us what you think about the draft Marine order 505
(certificates of competency) and supporting guidelines. The draft
marine order contains a range of changes, some of which are a
result of feedback industry provided during the 2019 consultation.
This final consultation closes on 14 November 2021.
Learn more and have your say.
AMSA HF radiotelephone monitoring in Australia
From 1 January 2022, AMSA will provide 24-hour nationwide
monitoring of high frequency radiotelephone distress, urgency and
safety communications in Australia. Click
here for more information.
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 five 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. Click
here for more information.
AWE: Export by sea
Public consultation is now open on the Department's
draft review of heat and cold stress in Bos taurus cattle from
Southern Australia during long-haul export by sea. Consultation
will be open for a period of four weeks, from 29 October to 26
November 2021. Click
here for more information.
AWE: Have your say on export amendments
We want to modernise our export regulation, making it
easier for exporters to comply, while protecting Australia's
reputation as a world leader in trade and continuing to comply with
importing country requirements. Public
consultation is now open on proposed amendments to the Export
Control Rules 2021. Consultation closes on 30
November 2021.
Have your say on export amendments.
Reminder
Australian Customs Notice No. 2021–25
The commencement of the Plastic Rules on 1 July 2021 (phase two
begins on 1 July 2022) ensures that Australia will only export
waste plastic that has been processed and meets certain
requirements. Exporters of these materials will need a licence to
export by the required regulation date. Rules for tyres will come
into effect on 1 December 2021; and paper and cardboard on 1 July
2024.
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
SINO IRON PTY LTD -v- MINERALOGY PTY LTD [No
3] [2021] WASC 384
PRACTICE AND PROCEDURE – amended defence –
application to strike out amendments – no reasonable defence
– alleged abuse of process – trial dates fixed –
large components of new pleas replicated pleas made earlier when
seeking a permanent stay of the action which stay application was
summarily dismissed as unarguable – no legitimately arguable
defensive purposes served by some amendments.
15AD Royalty Component B became payable in December 2013 when Sino
Iron and Korean Steel commencedshippingmagnetite concentrate.; (b)
refused to pay Royalty Component B for the purpose of delaying
payment of sums to which Mineralogy was entitled.
Admiral International Pty Ltd v Insurance Australia
Ltd; Brightcity International Trading Pty Ltd v Admiral
International Pty Ltd [2021] NSWSC
1440
1. Judgment for the plaintiff against the first defendant
in the sum of $246,132.90.
3. Judgment for the plaintiff against the second defendant in the
sum of $3,337,854.
INSURANCE – claim for indemnity – warehouse fire
– theft of goods prior to fire – whether insured knew
fire was to be started and consented to it – identification
of the insured's active and directing mind – fraud of
individuals attributed to insured company – insured
disentitled from indemnity.
INSURANCE – claim by owner of goods – not a party to
warehouse operator's policy – construction of policy
– interpretation of "interests of other parties"
clause – section 48(1) of the Insurance Contracts Act 1984
(Cth).
BAILMENT – bailee – duties – breach of obligation
to return goods or their value – where bailed goods destroyed
by fire – failure to take reasonable care – bailee
liable for loss – Tottenham Investments Pty Ltd v
Carburettor Services Pty Ltd applied.
EVIDENCE – standard of proof – civil case – where
fraud sought to be inferred – circumstantial evidence –
Bradshaw v McEwans Pty Ltd applied.
Customs Act 1901 (Cth); Evidence Act 1995 (NSW).
Australian Securities and Investments Commission v
GetSwift Limited (Liability Hearing) [2021]
FCA 1384
CORPORATIONS – the GetSwift saga – story of
the rise and fall of a nascent 'tech start up' listed on
the ASX – market offering 'software as a service'
– purported 'exclusive multi-year' agreements with 13
enterprise clients – underlying facts reveal agreements far
less than certain – focus on influencing market perceptions
through 'price sensitive' ASX announcements – 'do
or die' approach to success – "[b]it by bit until we
get to a $7.50 share price :)" – company re-domiciled to
Canada during currency of regulatory proceeding.
Mr Abdul David Halliday ah Jaafar, Fantastic Furniture's
General Manager ofSupply Chain and Quality Assurance, requested
that Mr Nguyen, a Supply ChainAnalyst, review the delivery
management software platforms that Fantastic Furniture's
third-party logistics providers were using for the delivery of
goods and its customers.
Legislation
Commonwealth
Regulations
Vehicle
Standard (Australian Design Rule 98/00 – Advanced Emergency
Braking for Passenger Vehicles and Light Goods Vehicles)
2021
05/11/2021 – this instrument specifies requirements
for advanced emergency braking systems fitted to passenger vehicles
(other than omnibuses), and to light goods vehicles, to avoid or
mitigate the severity of rear-end in lane collisions.
Vehicle
Standard (Australian Design Rule 98/01 – Advanced Emergency
Braking for Passenger Vehicles and Light Goods Vehicles)
2021
05/11/2021 – this instrument specifies requirements
for advanced emergency braking systems fitted to passenger vehicles
(other than omnibuses), and to light goods vehicles, to avoid or
mitigate the severity of rear-end in lane collisions and pedestrian
collisions.
Customs
(International Obligations) Amendment (Regional Comprehensive
Economic Partnership Agreement Implementation) Regulations
2021
01/11/2021 – these regulations amend the Customs
(International Obligations) Regulation 2015 to enable a refund of
any excess duties paid on Regional Comprehensive Economic
Partnership originating goods, or on goods that would have been
RCEP originating goods, in specified circumstances.
Customs
(Regional Comprehensive Economic Partnership Rules of Origin)
Regulations 2021
01/11/2021 – this instrument prescribes the rules
used to determine whether goods are Regional Comprehensive Economic
Partnership (RCEP) originating goods, including
the methods used to determine the regional value content of goods
for the purposes of some of the product-specific rules
requirements. This instrument also prescribes the valuation rules
for different kinds of goods and sets out the classes of records
that must be retained by Australian exporters and producers of RCEP
originating goods.
Gazetted
Establishment
of a Petroleum Safety Zone – Notice A810586 – Chevron
Australia Pty Ltd – Julimar Development Phase 2 Pipeline
WA–29–PL
In Title Area WA–49–L
02/11/2021 – where an unauthorised vessel enters or
remains in the safety zone specified in contravention of this
notice, the owner and the person in command or in charge of the
vessel are each guilty of an offence against Section 616 of the Act
and are punishable, upon conviction, by imprisonment.
NSW
Bills assented to
Electric
Vehicles (Revenue Arrangements) Act 2021 No 25 – assented
to 01 November 2021
Queensland
Subordinate legislation as made – 12 November
2021
No 163
Economic Development (Southport PDA) Amendment Regulation
2021
Victoria
Acts
Act Number: 30/2021
Transport Legislation Miscellaneous Amendments Act 2021
(Vic)
Date of commencement: 3 November 2021
Part 7 (sections 72–85), Part 8 Division 2 (sections 87, 88),
sections 101, 102 of this Act came into operation on 03 November
2021 (SG578 19.10.2021)
Statutory Rules
9 November 2021
No 136
Road Safety (General) Amendment Regulations 2021
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.