In the media
Ship captain charged over underwater cable damage off
Perth
The Australian Federal Police has charged the 59-year-old
master of container ship Maersk Surabaya, which allegedly damaged
the Australia Singapore cable off the West Australian coast - in
what is believed to be the first prosecution by the AFP for the
alleged offence (21 August 2021). More...
More misery for Australian shippers forced into spot
buying as D&D fees rise
As scarce shipping capacity forces more Australian
shippers onto the spot market, rising container detention costs are
piling more pressure on supply chains. According to the CTAA, cargo
owners are already dealing with shipment delays, rolled cargo,
equipment shortages and unprecedented freight rates (20 August
2021). More...
CTAA warning on rising container detention fees
The CTAA has offered an analysis of the impact of a
disrupted shipping container supply chain that indicates even more
costs being injected into the system through detention fees. CTAA
supports calls from forwarder and shipper representative bodies for
the federal government-led review of container shipping lines
practices and the establishment of a federal regulator akin to the
US Federal Maritime Commission. Their submission can be
found here (17 August 2021). More...
Supply chain study: Shipping is resilient -
official
Australia's shipping sector is resilient during the
COVID pandemic. That's a key finding from the Productivity
Commission vulnerable supply chains study. The report also later
concluded that: Services from maritime shipping and port operators
largely continued to function during the COVID-19 pandemic in
Australia (20 August 2021). More...
Few vulnerabilities in Australian supply chains
Australia's supply chains have been disrupted by COVID
and trade tensions, but most essential supply chains have proven
resilient, according to a report released by the Productivity
Commission (13 August 2021). More...
Streamlined COVID testing requirements announced by
National Cabinet
Dedicated freight lanes at borders wherever possible and a
new rolling seven-day negative test requirement are the two major
changes for the trucking industry from the National Cabinet meeting
(20 August 2021). More...
Low-risk imported food wins online checks
The Department of Agriculture says importers of low-risk
food can now book a virtual inspection when their food is referred
to the Imported Food Inspection Scheme (20 August 2021). More...
Another study into an Australian ammonia fuel supply
chain to get underway
Tokyo, Japan, headquartered Mitsui OSK Lines has announced
it has signed a memorandum of understanding for a joint study to
build a supply chain of renewable energy-derived ammonia (green
ammonia), with a major Australian energy company Origin Energy (13
August 2021). More...
App to lighten load for women truckies
Female truck drivers in Victoria are to get a
one-stop-shop for the support they need on the road with the
development of a new smartphone app, the Oz Truck app would provide
24/7 emergency support during breakdowns and crashes, as well as an
online forum for drivers (20 August 2021). More...
Working from home throws spanner in works for major
Brisbane transport projects
More than 70 per cent of people have told
PricewaterhouseCoopers they would prefer to work from home two days
a week in the future. What does that mean for mass transit
projects? (20 August 2021). More...
Australia watchdog warns of gas shortfall in 2022
Australia's competition watchdog said on August 17
that east coast LNG producers will need to step up their efforts to
ensure the domestic market is adequately supplied or the region
could face gas supply shortfalls by as soon as 2022 (18 August
2021). More...
HVIA: Updated Freight Code to keep trucks moving
The updated Freight Code means workers crossing state and
territory borders are required to have a negative COVID-19 test
result in a rolling seven-day period (20 August 2021). More...
Southeast Asia surge in road logistics
The CEO, DHL Global Forwarding Asia Pacific, says East
Asian economies are expected to drive trade growth in 2021. As we
have seen in the last year with volatile air and ocean freight
rates during the COVID-19 pandemic, road or multimodal solutions
have offered more stable pricing, capacity, and easier border
access in Southeast Asia (18 August 2021). More...
Keeping our supply chains open
NatRoad and state based transport associations support the
protection of the community and are calling on our politicians
and health authorities to recognise the value of the services.
The industry needs to be formally recognised as an essential
service (18 August 2021). More...
HVIA: Model reports for heavy trailers on the
agenda
Model reports are a new tool that has been introduced by
the Road Vehicles Standards Act to assist in demonstrating
compliance with relevant standards (18 August 2021). More...
Long term thinking needed to protect industrial land and
freight corridors
Australia's national freight task is estimated to be
725 billion tonne-km, and is forecast to increase by 25 per cent to
962 billion tonne-km by 2040, meaning planning decisions made now
will determine how that task is met. ALC CEO Brad Williams said the
protection and preservation of industrial lands nationally is
fundamental to the future operating capabilities of the supply
chains (17 August 2021). More...
The latest mobile app created to promote better access
to mental health and physical wellbeing support across the
Australian supply-chain workforce
In recognising that nearly 95 per cent of all road freight
operators are small businesses, Healthy Heads in Trucks and Sheds,
with the support of the NHVR, has developed an app that aims to
improve ease of access to information, tools, and support when it
comes to individual mental health and physical wellbeing (17 August
2021). More...
Changes to add-on insurance for trucking industry
Trucking companies and their customers will keep
convenient access to add-on insurance under a draft exemption from
new requirements (17 August 2021). More...
New NHVR notices deliver efficiencies for Special
Purpose Vehicle access
Operators of special purpose vehicles, which include
cranes and concrete pumps, will have red tape cut under two new
NHVR notices (16 August 2021). More...
NHVR supports accredited operators during COVID-19
restrictions
The NHVR has re-instated temporary changes to the NHVAS
driver medical and driver medical and audit requirements, to
support industry during the ongoing COVID-19 restrictions.
Practical changes would be made to the scheme's medical and
audit requirements to meet the operational and health needs of our
accredited operators, which will be in place until 31 January 2022
(13 August 2021). More...
Industry seeks clarity over add-on insurance move
Trucking companies and their customers will keep
convenient access to add-on insurance under a draft exemption from
new requirements, but want incidental-storage detail (13 August
2021). More...
Hybrids surge with sales almost doubling; electric
vehicle sales continue to rise
Nine out of 10 new taxis and commercial passenger vehicles
purchased in Australia last year were electric or hybrid, as the
trend towards greener vehicles grows, according to the latest
report from the National Transport Commission on carbon dioxide
emissions intensity for new light (13 August 2021). More...
EPA fines dangerous goods transporter for signage
breach
The NSW Environment Protection Authority has fined a
dangerous goods transport company for not appropriately supervising
one of its drivers to ensure safe and lawful transportation of
dangerous goods (12 August 2021). More...
TWU to see Toll in court over payment terms
The Transport Workers Union is tackling Toll on two fronts
- in court and on the shop floor - as enterprise bargaining moves
into a tougher realm. The union said it will sue Toll for almost
$52 million in the NSW Supreme Court for breaching its contracted
payment terms with owner-drivers on more than 5,000 occasions
during the pandemic Christmas period (11 August 2021). More...
Published - articles, papers, reports
Fall from the pilot ladder on the bulk carrier
Formosabulk Clement 5 NM east of Caloundra, QLD, 9 August
2021
ATSB investigation number: MO-2021-004.
The ATSB has commenced a safety investigation into this accident
and will gather evidence from involved parties including the ship,
launch and shore organisations. Click here to learn more.
Data to support the Heavy Vehicle Road Reform
AUSTROADS AP-R656-21: 19 August 2021.
This is the final report for the three-year project which has
investigated a number of different aspects of the requirements,
gaps, and opportunities for supplying infrastructure data suitable
for supporting a future heavy vehicle cost recovery. Click here to learn more.
NHVR: Newsletter
Fortnightly newsletter 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 121 - 10 August 2021.
Click here for the newsletter archive.
Practice and regulation
NHVR notices: Operators of Special
Purpose Vehicles (SPVs)
Including cranes and concrete
pumps, these notices
make it easier for eligible SPVs to access networks by
standardising maximum dimensions across the five participating
states and territories and encompasses the most common cranes in
the industry. Links to the notices and operator's guides are as
below:
National Class 1 Special Purpose Vehicle (up to 40t
total mass) Mass and Dimension Exemption Notice 2021
National Heavy Vehicle Standards (Special Purpose
Vehicles) Exemption Notice 2021 (No. 1)
National Heavy Vehicle Standards (Special Purpose
Vehicles) Exemption Notice 2021 Operator's Guide (18 August
2021)
Senate current inquiries
Importance of a viable, safe, sustainable and
efficient road transport industry
Status: Submissions closed. Date referred: 11 September 2019.
Reporting date: 25 August 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. Submissions can be made here. Comments are due 24 August 2021.
Click here for more information.
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.
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.
AMSA overloading - don't rock the boat!?
20 August 2021 - excessive loading of your vessel is
dangerous and can cause your vessel to capsize. This includes the
number of people on board, the engine, portable tanks, equipment,
supplies and any catch that may be brought on board. Find out more
about operating your tender safely here.
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 Marine Notice 05/2021 - sanctions
The purpose of this marine notice is to remind those who
own, operate or are on board Australian ships, about offences under
Australian sanction laws (updated 20 August 2021). Click here for more information.
AMSA Marine Notice 4-2021: Focused Inspection Campaign -
safety of navigation
The Focused Inspection Campaign
(FIC) has been initiated by AMSA and is
specific to Australia. It will apply
to foreign flagged ships and regulated Australian vessels
arriving at an Australian port. The
FIC will be conducted until to 30 September
2021. Click here for more information.
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 until 31
August 2021. 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.
Inquiry into Port of Melbourne compliance with the
pricing order 2021
The Essential Services Commission is undertaking its first
five-yearly inquiry into the Port of Melbourne's compliance
with the Victorian government's pricing order, to determine
whether any non-compliance was significant and sustained.
Consultation closes on 3 September 2021. Click here for more information.
DAWE import Industry advice notices 2021 - 11 - 18
August 2021
173-2021 - final changes to the lists of approved countries
to export live marine and freshwater ornamental finfish to
Australia.
166-2021 - crew declarations at first points of
entry.
169-2021 - Port Authority user access to the Maritime
Arrivals Reporting System.
170-2021 - Health Officer user access to the Maritime
Arrivals Reporting System.
Australian customs notices
2021-132 - registration for the new integrated cargo system
business continuity plan subscription list (11 August
2021).
Reminder
Australian customs notice no. 2021-25
Commencement of the Recycling and Waste Reduction (Export - Waste
Plastics) Rules 2021. 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
Belflora Pty Ltd v Vinflora Pty
Ltd [2021] NSWCA
178
COMMERCE - restraint of trade - validity and
reasonableness - legitimate interests - where restraint imposed a
blanket protection from importation of goods from a subcontinent -
whether blanket protection directed to preserve or maintain a
personal or corporate relationship with a supplier - where
restraint did not relate to any particular supplier - Restraints of
Trade Act 1976 (NSW), section 4.
COMMERCE - restraint of trade - validity and reasonableness -
public policy - where restraint imposed a blanket protection from
importation of goods from a subcontinent - whether restraint was
against the public interest - where restraint prohibited
respondents from competing in the market for the supply and sale of
goods from a subcontinent - Restraints of Trade Act 1976 (NSW),
section 4.
Honyandari v Transport for New South
Wales [2021] NSWCATOD
117
LICENSING - passenger transport licensing - bus driver
authority - traffic record - repute - fit and proper
person. He had gained a heavy vehicle driver licence
on 6 July 2015 and had been driving the maximum hours allowed under
the law.
Addison v BHP Billiton Iron Ore Pty
Ltd (No 3) [2021] NSWSC
1031
(1) Judgment for the plaintiff for the sum of
$581,235.
EVIDENCE - opinion evidence - use of psychological testing by
expert witness.
NEGLIGENCE - damages - economic loss - application of Civil
Liability Act 2002 (WA) - defences - contributory negligence. Civil
Liability Act 2002 (NSW); Civil Liability Act 2002 (WA).
The plaintiff sustained injuries in a single vehicle motor accident
on 27 January 2016 at Yandi Central Mine. The defendant was the
occupier of the area where the accident occurred. At the time of
the accident, the plaintiff was employed by Linfox Australia Pty
Limited and was driving a truck pulling a road train containing
diesel.
MV Amalfi Pty Ltd and Haiden Walsh v
MH Enterprises Pty Ltd and Mezin Hadad
[2021] NSWDC 399
PROCEDURE - set aside default judgment - bona fide defence
- explanation for delay plaintiffs sought various sums of money
from the defendants on the basis of offers to purchase and sales
agreements for the purchase of a marine vessel known as
'Oneworld' being a Sunseeker 82 for $1,600,000. Agreements
were brokered by Ray White Marine as agents for the defendants.
Ceramic Oxide Fabricators Pty Limited
and Comptroller-General of
Customs [2021] AATA
2770
CUSTOMS - application for tariff concession order -
whether the applicant discharged its responsibility under section
269FA - whether the tariff application contains a full description
of the subject goods - whether the tariff application has described
the subject goods in terms of their intended end use - decision
under review affirmed
Customs Act 1901 (Cth) sections 269B, 269C, 269D, 269E, 269F,
269FA, 269H, 269HA, 269J, 269P, 269SJ.
Legislation
Commonwealth
Offshore Petroleum and Greenhouse Gas
Storage Amendment (Titles Administration and Other Measures) Bill
2021
Senate second reading debate - 12 August 2021 - introduced
with the Offshore Petroleum and Greenhouse Gas Storage (Regulatory
Levies) Amendment Bill 2021, the bill amends the: Offshore
Petroleum and Greenhouse Gas Storage Act 2006 to: Provide for
oversight and scrutiny of transactions involving a change of
control of a petroleum or greenhouse gas titleholder, through a
merger or takeover; expand existing powers to 'call back'
previous titleholders to decommission infrastructure and remediate
the marine environment in the title area where the current or
immediate former titleholder is unable to do so (known as
'trailing liability'); provide for specific decision-making
criteria and expanded information-gathering powers; and make minor
and technical amendments in relation to the operation of the Act,
including enabling electronic lodgement of applications. Also
repeals 23 obsolete Acts.
Offshore Petroleum and Greenhouse Gas
Storage (Regulatory Levies) Amendment Bill
2021
Senate second reading debate - 12 August 2021 - introduced
with the Offshore Petroleum and Greenhouse Gas Storage Amendment
(Titles Administration and Other Measures) Bill 2021, the bill
amends the Offshore Petroleum and Greenhouse Gas Storage
(Regulatory Levies) Act 2003 to: Ensure that if a person who is
subject to a remedial direction submits an environment plan or a
well operations management plan, that person is required to pay
environment plan levy or well activity levy respectively; and
provide for payment of safety case levies for safety cases that
deal with activities carried out to comply with a remedial
direction.
Export Finance and Insurance Corporation
Amendment (Equity Investments and Other Measures) Bill 2021
[provisions]
On 5 August 2021, the Senate referred the provisions of
the Export Finance and Insurance Corporation Amendment (Equity
Investments and Other Measures) Bill 2021 to the Senate Foreign
Affairs, Defence and Trade Legislation Committee for inquiry and
report by 20 August 2021. Submissions closed 12 August 2021. View
the report.
Regulations
Gazetted 12 August 2021
National Class 1 Special Purpose Vehicle
(up to 40t total mass) Mass and Dimension Exemption Notice 2021
(No.1)
This notice is made under the following provision of the
Heavy Vehicle National Law: A) section 117 - regulator's power
to exempt category of class 1 or 3 heavy vehicles from compliance
with mass or dimension requirements. This notice commenced on 16
August 2021.
National Heavy Vehicle Standards (Special
Purpose Vehicles) Exemption Notice 2021
(No.1)
This notice exempts certain categories of special purpose
vehicles from the requirement to comply with specified requirements
of the Heavy Vehicle (Vehicle Standards) National Regulation (the
National VS Regulation). This notice commenced on 16 August
2021.
Gazetted 11 August 2021
Variation of a Petroleum Safety Zone -
Notice A795110 - INPEX Operations Australia Pty
Ltd
Prohibit all vessels other than vessels under the control
of the registered operator of CPF Ichthys Explorer and vessels
operated by authorised persons who are exercising powers under
section 615(1) of Division 1 of Part 6.6 of the above Act from
entering or being present in the area of the safety zone without
the consent in writing of NOPSEMA.
Notice of Substituted Rates of Customs Duty
for Excise-Equivalent Goods Notice (No. 2)
2021
The Customs Tariff Act, give notice that, on and from 2
August 2021: The increased rate of customs duty for
excise-equivalent goods classified.
NSW
Regulations and other miscellaneous instruments
Ports and Maritime Administration Regulation
2021 (2021-444) - published LW 13 August 2021.
Subordinate Legislation (Postponement of Repeal)
Order 2021 (2021-450) - published LW 13 August 2021.
Queensland
Transport and Resources Committee: Report
No. 9 - 2021 - Queensland
The committee has recommended that the Resources and Other
Legislation Amendment Bill 2021 be passed. The committee has also
made two additional recommendations aimed at addressing some of the
issues raised by stakeholders during the course of the inquiry
(August 2921).
Subordinate legislation as made - 20 August 2021
No 112 - Transport Operations (Road Use Management-Driver
Licensing) Regulation 2021.
No 113 - Transport Operations (Road Use Management-Vehicle
Registration) Regulation 2021.
No 114 - Transport Operations (Road Use Management-Vehicle
Standards and Safety) Regulation 2021.
Victoria
Acts
Transport Legislation Miscellaneous Amendments Act
2021 (Vic)
Act number: 30/2021. Date of assent: 10 August 2021.
Energy Legislation Amendment (Energy Fairness) Act
2021 (Vic)
Act number: 28/2021. Date of assent: 10 August 2021.
Act commencements
Date of commencement: 11 August 2021.
Transport Legislation Miscellaneous Amendments Act
2021 (Vic)
Part 1 (sections 1 and 2), section 22A, Part 4 (sections 29 and
30), Sections 32, 38, 39, 62, 63, 67, 69, Part 6 (sections 70 and
71), Part 8 Division 4 (sections 90 to 93), Section 94, Part 8
Division 7 (section 98), Part 9 (section 104) of this Act came in
by forced commencement on 11 August 2021 section 2(1) Act number:
30/2021.
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.
