In the media
APL England master in court while operator defends
actions, clean-up
The master of the APL England appeared in court in
Australia to face charges related to the loss of containers from
the ship during an incident on May 24 southeast of Sydney,
Australia. At the same time, the ship's operators also issued
statements acknowledging the accident while defending the actions
of its crew (01 June 2020).
More...
Mixed outcome for NHVR in driver penalty appeal
The National Heavy Vehicle Regulator
(NHVR) has been partially vindicated appealing a
truck driver's "manifestly inadequate" penalty for
critical Heavy Vehicle National Law breaches. See
NATIONAL HEAVY VEHICLE REGULATOR v MOUNCE
[2020] SASC 91 (12 June 2020).
More...
NHVR freezes fee increases to help provide relief to
industry
The NHVR has announced it will freeze fee increases on all
NHVR-provided services until January 2021. The freeze will apply to
all National Heavy Vehicle Accreditation Scheme module and
nominated vehicle fees. For the list of NHVR fees visit NHVR fee
schedule (11 June 2020).
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NHVR doing the right thing with fees freeze
NatRoad has praised the National Heavy Vehicle Regulator
for its fee freeze announced. The freeze will apply to all National
Heavy Vehicle Accreditation Scheme module and nominated vehicle
fees: There are currently around 7,500 heavy vehicle operators
accredited across 12,300 modules (11 June 2020).
More...
ALC welcomes QLD Govt extension on suspended delivery
curfews
The Queensland Government's decision to extend the
suspension of curfews on overnight deliveries to supermarkets and
essential businesses has been welcomed by the Australian Logistics
Council (ALC) (11 June 2020).
More...
CTAA welcomes liability cap increase in DPWA
terminals
Container Transport Alliance Australia
(CTAA) has welcomed a rise in the 'liability
cap' offered by DP World Australia (DPWA) for
loss or damage caused to wharf carriers' trucks or trailing
equipment in its terminals across Australia (11 June 2020).
More...
Global initiative launched to tackle marine bio-fouling
and greenhouse gas emissions
A new "Global Industry Alliance for Marine
Biosafety" was launched on 08 June by the International
Maritime Organization, along with other global stakeholders, to
tackle marine biofouling and greenhouse gas emissions (10 June
2020).
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Urgent: Accelerate digitalisation of trade, industry
says
A host of international shipping bodies have called for
inter-governmental bodies, governments and industry to speed up the
pace of digitalisation so that port communities can at least offer
a "basic package" of electronic commerce and data
exchange (10 June 2020).
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$8 million project supporting important freight
routes
Work is now underway on an $8 million project aimed to
make it easier for local councils to support heavy vehicle
operators to choose the most productive routes. Assistant Minister
for Road Safety and Freight Transport Scott Buchholz said that the
Strategic Local Government Asset Assessment Project would include
12 councils nationwide in its pilot phase.(09 June 2020).
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Melbourne port in container logistics study
The Port of Melbourne is to conduct a $1 million industry
study of container logistics. The outcome will be aimed at
informing Victoria's future freight and containerised trade
logistics (03 June 2020).
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Expanded national road train network to unlock freight
productivity
A new road train network for Victoria, improvements to
cross-border travel and fewer requirements for access permits will
begin under a new national road train notice. The 2020 National
Class 2 Road Train Notice replaces the 2015 National Class 2 Road
Train Notice (02 June 2020).
More...
Extra month for containerchain payment initiative
Containerchain has lengthened its payments leeway by
another month until the end of June, the container logistics
platform and Container Transport Alliance Australia say in a joint
statement (02 June 2020).
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New South Wales OSOM permits transfer to NHVR
Portal
The NHVR is now processing all Class 1 Oversize and
Overmass (OSOM) permit applications for NSW. NHVR
CEO Sal Petroccitto said the NHVR had been working closely with
Transport for NSW, NSW local councils and the heavy vehicle
industry to finalise the transfer of OSOM permit processing (01
June 2020).
More...
Seafarers denied medical care for serious conditions,
ICS warns
Cases of seafarers being denied medical care for
conditions unrelated to COVID-19 have been reported to the
International Chamber of Shipping. The ICS re-issued, with
additional content, its "Guidance for Ship Operators for the
Protection of the Health of Seafarers," in late May. Among 48
pages of content, the new guidelines contain recommendations (01
June 2020).
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Drivers denied amenities at feedlots: ALRTA
The Australian Livestock and Rural Transporters
Association (ALRTA) has requested a change to a
Covid-19 guideline regarding feedlots. ALRTA has asked ALFA to
reconsider the obligation of feedlots to manage fatigue risk under
heavy vehicle laws (12 June 2020).
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Live export exemption granted
The Department of Agriculture, Water and the Environment
has granted Rural Export and Trading (WA) Pty Ltd an exemption to
the prohibition of export of sheep by sea to the Middle East,
following the submission of a second application for exemption by
the exporter. A detailed statement of reasons for this decision is
available on the department's website (13 June 2020).
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Published – articles, papers, reports
NHVR Newsletter (industry updates)
On the Road is our fortnightly newsletter providing
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.
More...
Practice and Regulation
HVIA: New timeline for RVSA changes
The Department of Infrastructure has just updated its RVS
legislation implementation webpage, which includes a new
section on our stakeholder commitment and a link to a revised
RVS Legislation Program Roadmap calendar (10 June 2020).
ATSB safety investigations and reports
Derailment of freight train 6CM3, Junee, New South Wales, on 7 June
2019 - final report
The derailment of two freight wagons and the subsequent disruption
to freight and passenger services has highlighted the importance of
inspection techniques that effectively monitor and report on asset
condition.
AWA: AWE – 2020-21 BMSB season measures – 3
countries added, season end timing and intervention clarified
AFIF as a member of the DCCC-BMSB has been advised of the
forthcoming 2020-21 BMSB Season changes to be effective from 1
September 2020. For the 2020-21 BMSB risk season, measures will
apply to:
Certain goods manufactured in, or shipped from target risk
countries, and/or vessels that berth at, load or tranship from
target risk countries from 1 September 2020 and that arrive in
Australian territory by 31 May 2021 (inclusive):
Goods must be treated if exported between 1 September 2020 & 30
April 2021 inclusive; Goods arriving from 1 June 2021 will not be
subject to BMSB measures.
More...
AMSA Extension National Law certificates of
competency
This Domestic Commercial Vessel Safety 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. AMSA has issued an exemption that
extends all National Law certificates of competency and all
associated endorsements, expiring between 26 March and 1 October
2020, for six months from the expiry date noted on the certificate.
More...
AMSA: 03/2020—Shutdown of AMSA's differential
global positioning system (DGPS) service
This marine notice informs vessel owners, operators and
masters of the shutdown of AMSA's radio beacon differential
global positioning system service from 1 July 2020.
More...
Senate: Consultations
Importance of a viable, safe, sustainable and efficient road
transport industry
Status: Submissions closed. Date Referred: 11 September 2019. Next
Hearing: 16 March 2020. Reporting Date: 14 October 2020
AIS: Transport and Logistics Industry Reference
Committee Projects
The Case for Endorsement will be considered at the
Committee's first meeting in 2020.
TLI Chain of Responsibility
TLI Heavy Vehicle Driver Safety
TLI Freight Forwarding
Cases
Australian Competition and Consumer Commission v Pacific
National Pty Limited (No 2) [2020] FCAFC
98
COMPETITION – final orders – release of
undertaking – costs
The appeal be dismissed. The cross-appeals be allowed
On 6 May 2020, the Court delivered judgment in this appeal. In
summary, the Court upheld the cross-appeals on the ground that the
primary judge erred in finding that the proposed acquisition of the
Acacia Ridge Terminal (ART) by entities within the Pacific National
group of companies (Pacific National) would contravene s 50 of the
Competition and Consumer Act 2010 (Cth) (Act).
Legislation
Bills
Export Control Legislation Amendment (Certification of
Narcotic Exports) Bill 2020
Senate Introduced and read a first time 10 June 2020
Second reading moved 10 June 2020
Amends the Export Control Act 1982 and Export Control Act 2020 to
allow for the export of certain narcotic goods, such as medicinal
cannabis and low-tetrahydrocannibinol hemp products
NSW
Proclamations commencing Acts
Transport
Administration Amendment (Transport Entities) Act 2017 No 12
(2020-254) — published LW 12 June 2020
Queensland
Subordinate legislation as made – 12 June
2020
No 89
Transport Legislation (Fees) Amendment Regulation 2020
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.