In the media
Calls rise for Australia to rethink hostile approach to
China as losses mount
Calls for the Australian government to pursue in-depth
communication with China based on mutual understanding are rising
among business communities and local officials in Australia, as
Canberra's hostile approach to bilateral ties with China
continues to inflict pain on local businesses (30 June 2021).
More...
Ports Australia trade portal upgraded
Ports Australia has given its Trade Statistics Portal an
overhaul, enhancing the resource with regularly updated trend data
and monthly data dating back to January 2018. The Portal now gives
users the opportunity to select ranges and compare the value of
cargo, vessel calls and commodities over any period of time (09
July 2021).
More...
Container prices go through the roof as shippers make
billions
Container shipping prices have reached record highs with
goods in Australia including appliances and consumer electronics
set to rise as shipping companies make billions in profits. Now
some 18 months after the outbreak of the coronavirus pandemic which
disrupted maritime logistics chains and drove demand sky-high
Australian importers are having to fight to get stock onto boats
(05 July 2021).
More...
Defence for master's ship that lost cargo at sea
will not cross-examine witnesses
The legal team defending the master of a cargo ship that
spilled about 50 containers into the sea off Australia last year
has lost its application to cross-examine three experts. Mohd Bin
Alias's matter was heard in the Brisbane Magistrates Court on
Monday (05 July 2021).
More...
Supply chain: UNCTAD data, once again, proves that liner
shipping is adaptable and resilient to disruption
Liner shipping connectivity from Australia to the rest of
the world has massively rebounded since the onset of the COVID
pandemic, according to the latest data from the UN Conference on
Trade and Development (UNCTAD) (02 July 2021).
More...
Australia and Papua New Guinea sign MoU on maritime
infrastructure investment
On 30 June 2021, the governments of Australia and Papua
New Guinea signed a Memorandum of Understanding in which a
framework for cooperation in PNG's maritime infrastructure
sector was agreed (02 July 2021).
More...
$50 million in grants for supply chain resilience
The Morrison Government has opened $50 million in grants
for improving access to critical products in times of crisis.
Applications are open for manufacturers under the Supply Chain
Resilience Initiative (01 July 2021).
More...
Securing Australia's supply chain resilience for
critical products
The Morrison Government is looking to strengthen
Australia's supply chain capabilities, with $50 million in
grants available to improve access to critical products in times of
crisis (30 June 2021).
More...
Australian domestic natural gas prices jump on winter
demand, outages
Spot natural gas prices in Australia's domestic market
have jumped on winter demand and some supply outages, and the
increase supports high gas and LNG prices in the wider region. The,
ACCC publishes an LNG netback price which is a measure of an export
parity price that a gas supplier can expect to receive for
exporting its gas (08 July 2021).
More...
RVSA in place but work still required
The Road Vehicle Standards Act (RVSA) is
now in force and will increasingly play a large role in the
activities of many HVIA members. The RVSA has replaced the Motor
Vehicle Standards Act (MVSA) which has governed
first entry to the Australian heavy vehicle marketplace since 1989.
All changes are outlined here (06 July 2021). More...
New safety app for transport workers
A truck safety training tool has been released for the
induction of drivers in the NSW road freight industry. The
augmented reality phone or online app will guide a driver through
processes for entering or exiting the cabin, and instructs drivers
on how to conduct safety inspections and prevent vehicle rollaway
incidents. Access
the app.
More...
ATA says truck widths holding Australia back
ATA says increasing maximum truck width to European and US
standards is the way forward. A new analysis from the Australian
Trucking Association (ATA) has revealed that
Australia's out-of-date truck width rules are restricting the
availability of zero emission trucks on the Australian market (02
July 2021).
More...
ROVER has been let off the leash
The Road Vehicle Standards Act (RVSA) has
gone live following a much delayed, somewhat controversial
development, and serious concerns about its ambitious rollout. The
RVSA replaces the Motor Vehicle Standards Act
(MVSA) which has governed first entry to the
Australian heavy vehicle marketplace since 1989 (01 July 2021). More...
NTC looks to heavy vehicle charge consultation
The National Transport Commission (NTC)
has issued a consultation regulation impact statement (C-RIS)
seeking feedback on a range of options for setting heavy vehicle
charges that would apply from 2022–23 onwards (30 June 2021).
More...
Australia tips oversupply in global LNG market through
to 2023
The global LNG market is likely to be marked by a surplus
of supply over the next couple of years, which will place downward
pressure on prices, Australia's Department of Industry,
Science, Energy and Resources said in its Resources and Energy
Quarterly released June 28 (29 June 2021).
More...
Urgent vaccine access for supply chain workers under
review by National Cabinet
The Australian Logistics Council (ALC)
welcomed the decision of National Cabinet to seek advice from the
Australian Health Protection Principal Committee
(AHPPC) on expediting COVID-19 vaccinations for
aviation, interstate freight transport and mining
(FIFO) workers (29 June 2021).
More...
Trio liable for $465,000 truck driver injury
payout
The Supreme Court of Victoria highlights the safety
shortcomings of three transport entities that must share damages of
$465,000 over a truck driver unloading injury in 2015 (29 June
2021).
More...
Huge fines for operators as national regulator outlines
breaches
The National Heavy Vehicle Regulator (NHVR) has released
details on recent court outcomes in Victoria pertaining to Heavy
Vehicle National Law (HVNL) contraventions. Of particular note to
transport companies, multiple entities were penalised primarily for
dimension breaches (08 July 2021).
More...
Funding boost to give heavy vehicles better access to
road networks
The heavy vehicle industry has welcomed a $12.1 million
Federal Government funding boost, aimed at delivering better
assessment of road assets across rural and regional Australia as
part of the Strategic Local Government Asset Assessment Project (08
July 2021).
More...
Published – articles, papers, reports
NTC publications
Review of Equivalent Standard Axle values used in the PAYGO Model
(Final Report)
Publish date 29 June 2021
Heavy vehicle operating cost model update note - for consultation
purposes only
Publish date 29 June 2021
2021-22 Heavy Vehicle Registration Charge Schedules with 2.5 per
cent roads only component increase
Publish date 29 June 2021
Heavy Vehicle Charges Determination 2021 - Regulation Impact
Statement
Publish date 28 June 2021
NHVR: Newsletter
Latest edition - On the Road Issue 117 - 29 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
Strategic Local Government Asset Assessment Project
(SLGAAP)
The NHVR and road managers are currently working through
the delivery and assessment of phase two of SLGAAP and are calling
on local governments to submit any assets that may be eligible for
assessment. For more information and project updates, please click here (08 July
2021).
NTC: Heavy vehicle charge consultation
The National Transport Commission has issued a
consultation regulation impact statement (C-RIS)
seeking feedback on a range of options for setting heavy vehicle
charges that would apply from 2022–23 onwards. The C-RIS is
available
here while submissions can be made
here (30 June 2021).
More...
Supply Chain Resilience Initiative
Under the Supply Chain Resilience Initiative, over $15
million will be designated to establishing a new Office of Supply
Chain Resilience. To find out more or apply for a grant under the
Supply Chain Resilience Initiative click
here. The closing date for submissions is 12 August 2021 (30
June 2021).
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: 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.
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.
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 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...
ABF: Notices July 2021
2021-25 - Commencement of the Recycling and Waste Reduction
(Export - Waste Plastics) Rules 2021
2021-26 - Extension of concessional treatment for certain
hygiene and medical goods
2021-27 - 1 July 2021 changes to customs duty rates and to the
Australian Harmonized Export Commodity Classification
DAWE: Import industry advice notices 2021
06/07/2021 149-2021
Requirement to notify of COVID-19 cases
01/07/2021 143-2021
Maritime National Coordination Centre – Change of Name and
New E-mail Contact Details
01/07/2021 142-2021 -
Biosecurity Treatment Industry Roundtables
Australian Customs Notice No. 2021/23New Obligations on
Customs Depot and Warehouse Licences
The purpose of this Notice is to inform existing customs
depot and warehouse licence holders that additional conditions will
come into effect on 1 July 2021. The additional conditions are
imposed by the Comptroller-General of Customs and will apply to all
depot licences under section 77Q of the Customs Act 1901(the Act)
and will apply to all warehouse licences (including duty free
shops) under section 82A of the Act.
More...
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
MTM Ship Managment PTE LTD, Singapore and Australian
Maritime Safety Authority [2021] AATA
1998
The decision under review, being the decision of
Australian Maritime Safety Authority to detain the MTM Shanghai on
17 August 2020, is affirmed
MARITIME SAFETY – detention order – whether vessel was
at the time of inspection unseaworthy or substandard –
appropriate Action Code – International Convention for the
Safety of Life at Sea – where emergency generator not
automatically powering the emergency switchboard in a blackout
situation – where deficiency rectified on the same day
– reasonable suspicion – Tribunal satisfied vessel
detained on the basis of a deficiency which rendered the vessel
incompatible with SOLAS guidelines – Tribunal satisfied at
the time of inspection the vessel was substandard – Tribunal
satisfied that at the time of inspection the vessel was unseaworthy
– where decision to detain preferable decision –
decision affirmed
Australian Maritime Safety Authority Act 1990 (Cth) s 7; Navigation
Act 2012 (Cth) ss 23, 24, 248, 257
Tregidga v Pasma Holdings Pty Limited
[2021] FCA 721
ADMIRALTY – where applicants made claim for damages
against maritime electrical contractor arising from fire on board
vessel – whether there was a breach of contract or breach of
statutory guarantee or negligence with regard to the fire –
whether respondent was liable for damage caused to vessel –
whether applicants were owners of the vessel at the time of fire
– whether applicants were parties to contracts relating to
the electrical works conducted on the vessel – whether
applicants were "consumers" for the purposes of s 60 of
the Australian Consumer Law (Schedule 2 to the Competition and
Consumer Act 2010 (Cth) (the ACL) – whether the applicants
were entitled to pursue a claim against the respondents under s 60
of the ACL without being parties to the contract – whether
duty of care in tort was owed to the applicants by the respondent
– whether scope of the duty of care owed by the respondent
extended to taking steps to prevent fire – whether scope of
duty of care affected by terms of contracts – whether there
was a breach of duty of care – determination of causation
– application dismissed
Australian Consumer Law (Schedule 2 to the Competition and Consumer
Act 2010 (Cth))
Civil Liability Act 2002 (NSW); Civil Liability Act 2003 (Qld);
Shipping Registration Act 1981 (Cth); Trade Practices Act 1974
(Cth)
Legislation
Commonwealth
Bills
Biosecurity Amendment (Strengthening Penalties) Bill
2021
Assent Act no: 58 Year: 2021 29 June 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.
Acts
Hazardous
Waste (Regulation of Exports and Imports) Amendment Act
2021
05/07/2021 - Act No. 73 of 2021 as made
Fuel
Security (Consequential and Transitional Provisions) Act
2021
02/07/2021 - Act No. 66 of 2021 as made
Fuel
Security Act 2021
02/07/2021 - Act No. 65 of 2021 as made
National
Radioactive Waste Management Amendment (Site Selection, Community
Fund and Other Measures) Act 2021
01/07/2021 - Act No. 59 of 2021 as made
Regulation
Road
Vehicle Standards (Classes of Vehicles that are not Road Vehicles)
Determination 2021
05/07/2021 - this instrument is made under paragraph
6(5)(b) of the Road Vehicle Standards Act 2018 and sets out classes
of vehicles that are not road vehicles for the purposes of the
Act.
Export
Control (Fees and Payments) Amendment (2021 Measures No. 2) Rules
2021
30/06/2021 - this instrument amends the Export Control
(Fees and Payments) Rules 2021 to prescribe fees where a service is
provided directly to an individual, business or organisation in
relation to the export of goods.
Export
Control (Fees and Payments) Amendment Rules 2021
28/06/2021 – this instrument amends the to prescribe
fees where a service is provided directly to an individual,
business or organisation in relation to the export of goods.
Export
Charges (Imposition—Customs) Amendment Regulations
2021
28/06/2021 – this instrument amends the Export
Charges (Imposition—Customs) Regulations 2021 to prescribe
charges in relation to the export of goods and matters relating to
the export of goods.
Customs
By-law No. 2100131
28/06/2021 – this by-law covers certain medical
products and hygiene products imported as part of the response to
the COVID-19 pandemic.
Gazetted: 05 July 2021
National
Class 1 Agricultural Vehicle and Combination Mass and Dimension
(Revocation) Notice 2021 (No.1)
This Notice revokes specified class 1 authorisations
previously made under the Heavy Vehicle National Law (HVNL) that
have been superseded and replaced by the National Class 1
Agricultural Vehicle and Combination Mass and Dimension Exemption
Notice 2020 (No.1).
Gazetted: 01 July 2021
Heavy
Vehicle National Law - Queensland Heavy Vehicle Standards
(Agricultural Vehicles) Exemption Notice 2021 (No.1)
The purpose of this Notice is to exempt a heavy vehicle
that is an agricultural vehicle from certain lighting and braking
requirements. This Notice commences on 5 July 2021.
Heavy
Vehicle National Law - Queensland Class 3 Heavy Vehicle Sugar Mill
Mass Management Scheme Exemption Notice 2021 (No.1)
The purpose of this notice is to allow for an efficient
transport of sugar cane to particular sugar mills operating under a
Registered Queensland Sugar Mill Mass Concession Scheme. This
Notice commences on 5 July 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
Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary
Greenhouse Gas Titles and Other Matters) Amendment Act 2021
(Vic)
Date of assent: 28 June 2021
Act Number: 26/2021
Acts commencements
Zero and Low Emission Vehicle Distance-based Charge Act 2021
(Vic)
Date of commencement: 1 July 2021
Sections 1-81 of this Act came in by forced commencement on 1 July
2021 s.2
Act Number: 18/2021
Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary
Greenhouse Gas Titles and Other Matters) Amendment Act 2021
(Vic)
Date of commencement: 29 June 2021
Parts 1 to 5 of this Act came in by forced commencement on 29 June
2021 s.2(2)
Act Number: 26/2021
Statutory Rules – 29 June 2021
No 75
Road Safety (Drivers) and (Vehicles) Interim Amendment Regulations
2021
No 76
Zero and Low Emission Vehicle Distance-based Charge Regulations
2021
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.
