In the media
Supply chain price rises spur ACCC inquiry
Supply chain disruptions to the construction industry are
likely to persist beyond the middle of 2022, according to a global
risk survey (Oxford Economics) (15 September 2021). More...
Shipping Australia welcomes ACCC probe
Shipping Australia notes that the Australian Competition
and Consumer Commission will be investigating the current shipping
environment and welcomes the investigation as it will show that the
current issues are caused by normal market mechanisms (15 September
2021). More...
Shipping Australia urges streamlining of fuel excise
paperwork and processes
Shipping Australia has for many years canvassed for the
abolition or simplification of unnecessary processes and paperwork
in the excise administration for fuel (10 September 2021). More...
VTA charges Port of Melbourne study with overlooking
wharf carriers
Landside road transport operators copping the brunt of
port-related cost hikes have been overlooked in the Port of
Melbourne's 2021 container logistics supply chain study,
according to the Victorian Transport Association (15 September
2021). More...
Technology continues to be a catalyst for efficiency
gains
Port authorities have implemented a then-world-leading
hi-tech navigation system incorporating wave motion, the
Earth's curve and tidal data. At Port Hedland, efficiency
measures also mean the extension of the shipping window to enable
more vessels to sail on high tide and an increase in the amount of
product they carry (18 September 2021). More...
Pulse update: Freight shortage stymies new crop
sales
The ongoing shortage of empty containers to pack,
compressed turnaround times and limited windows for shipment has
fuelled increased interest in bulk shipments, and unbooked slots
are limited as Australia prepares to export a string of mainly
canola and wheat vessels (17 September 2021). More...
Transport bodies call for national COVID testing
sites
The nation's peak trucking bodies are calling on the
Australian Government to establish COVID testing points, in a bid
to reduce test result waiting times and support vaccination
requirements (17 September 2021). More...
Rail freight action plan launched
The Australasian Railway Association
(ARA) has released its action plan to support
greater use of rail freight. ARA Chief Executive Officer Caroline
Wilkie says the plan outlined a significant program of work to
improve the regulatory environment, promote investment in rail and
increase rail freight's modal share (17 September 2021). More...
NatRoad: Don't load high productivity vehicles with
more costs
In light of the current pandemic, NatRoad is calling on
the Victorian Government to postpone new regulations that will
mandate costly mass technology for high productivity freight
vehicles (16 September 2021). More...
Liquefied green hydrogen shipping from Australia to
Japan under the microscope
Four Japanese companies have signed a memorandum of
understanding with Australia's Stanwell Corporation and APT
Management Services to carry out a $10.4m (US$7.6m) feasibility
study for liquefied green hydrogen shipping from Australia to Japan
(15 September 2021). More...
Geo-political tensions fuel supply chain disruption and
innovation
New research has revealed investing in technology and
innovation will be key to resilient and sustainable supply chains.
Research conducted by Asialink Business has pinpointed pandemic
impacts, geopolitical tensions and rising shipping costs as main
factors to the unprecedented strain on supply chains. Download the
report here (16 September 2021). More...
Funding boost for heavy vehicle safety projects
The Liberal and Nationals Government is taking further
action to keep motorists safe on our roads with an investment of
almost $5.5 million in 28 road safety projects through the Heavy
Vehicle Safety Initiative (09 September 2021). More...
HVIA interactive online training endorsed to improve
heavy vehicle safety
HVIA's "safety through education" project
will receive key funding through the NHVR's Heavy Vehicle
Safety Initiative, supported by the Federal Government (09
September 2021). More...
Truckies unveil six-point plan for COVID-safe
trucking
The National Road Freighters Association, a grass-roots
body representing truckies and small-fleet operators, has sent
authorities what it believes is a roadmap to help the industry
safely navigate its way through COVID (15 September 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 NTC on carbon dioxide emissions intensity for new
light (13 September 2021). More...
Australian Logistics Council project endorsed to improve
heavy vehicle safety
The ALC increasing awareness and understanding of the
master code in the supply chain project will receive key funding
through the National Heavy Vehicle Regulator's Heavy Vehicle
Safety Initiative, supported by the Australian Government (10
September 2021). More...
Make rest stop construction mandatory to build jobs and
safety
The Federal Government should create a national truck rest
stop fund to boost jobs, freight efficiency and safety as Australia
emerges from COVID-enforced lockdowns. NRTA CEO Warren Clark said
border delays that caused fatigue issues for heavy vehicle
operators during the pandemic have underlined the importance of
truck rest areas (10 September 2021). More...
Austroads report to inform heavy vehicle road charging
reforms
Austroads has published a series of reports detailing the
findings of a project which has investigated different aspects of
the requirements, gaps, and opportunities for supplying
infrastructure data suitable for supporting a future heavy vehicle
cost recovery and investment process (08 September 2021). More...
Published – articles, papers, reports
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 123 – 7 September
2021. Click here for more information.
QUT report – applicability of state and territory
roadside enforcement powers to automated vehicles – July
2021
07 September 2021 – this report considers roadside
enforcement powers in the context of AVs in Australia. Read the
report here.
Practice and regulation
Senate current inquiries
Biosecurity Amendment (Enhanced Risk
Management) Bill 2021 [provisions]
Status: Accepting submissions. Date referred: 02 September 2021.
Submissions close: 27 September 2021. Reporting date: 14 October
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.
SAL submissions
September 2021 – SAL21–116 – SAL
submission – streamlining excise administration for fuel and
alcohol. Read the submission here. Read SAL21–116 attachment 1 – ATO type of
voyage and SAL21–116 attachment 2 – ATO bunker
fuels.
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 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.
Port of Melbourne container logistics chain study report
launch
The International Forwarders and Customs Brokers
Association of Australia welcomes the Minister for Ports and
Freight, Hon. Melissa Horne MP official launch of the Port of
Melbourne 2020 container logistics chain study on 6 September 2021.
The report and supporting materials can be found on the Port of
Melbourne website here.
Australian customs notices
2021–35 – notice of entry into force for Peru of the
comprehensive and progressive agreement for trans-pacific
partnership
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
Port of Newcastle Operations Pty
Limited v Glencore Coal Assets Australia Pty Ltd &
Ors [2021] HCATrans
142
The declared service in this case is set out in the
judgment of the full court at paragraph 88 and it is defined as:
the provision of the right to access and use the
shipping channels (including berths next to the
wharves as part of the channels).
AAI Limited trading as Vero Insurance
v Technology Swiss Pty Ltd [2021] FCAFC
168
INSURANCE – subrogation and recoupment –
whether and to what extent insurer entitled to recoup from proceeds
of third party claim – where insurer paid global sum to
insured in settlement of claim on policy of indemnity –
whether terms of settlement deed revealed mutual intention that
part or all of sum was in respect of loss for which insured claimed
on the indemnity.
Marine Insurance Act 1909 (Cth) sections 68, 85(2) and 87 1. The
appeal and cross-appeal be dismissed.
On 6 December 2014 the respondent shipped a consignment of fog
cannons from Melbourne to Bangkok, the cost, insurance and freight
value of which was $770,095.58. It did so by contracting with a
freight forwarder, Famous Pacific (Vic) Pty Ltd. During the voyage
the fog cannons were damaged as a result of having moved during
transit, most likely due to inadequate stowage. The damage to the
fog cannons was discovered during routine survey after they were
unloaded from the CMA CGM Quartz in Bangkok.
Sula and K&S Freighters Pty Ltd
(Compensation) [2021] AATA
3058
COMPENSATION – decision not to accept liability for
left elbow condition – nature of condition – nature of
incident – credibility of applicant – condition is an
aggravation of a disease and so an injury – whether claim
excluded for wilful and false representation – decision set
aside and remitted Safety, Rehabilitation and Compensation Act
1988.
In re the Takata Airbags Class Actions
Settlement (Preliminary Orders) [2021] NSWSC
1153
REPRESENTATIVE PROCEEDINGS – Civil Procedure Act
2005 (NSW) sections 162, 173, 175, 176(1), 176(2) – where six
sets of representative proceedings are the subject of a deed of
release and settlement – application for preliminary orders
to facilitate proposed later application for approval of
settlement.
Motor Yacht Sales Australia Pty Ltd
t/as The Boutique Boat Company v Cheng [2021]
NSWSC 1141
CONTRACTS – formation – acceptance of offer
– whether offer to purchase vessel accepted orally or in
writing prior to purported withdrawal of offer – binding
contract formed by acceptance of offer prior to withdrawal.
CONTRACTS – express terms – precontractual statements
– whether contract for sale of vessel included a term that
the vessel would "fit" in a dock – no
representation made that the vessel would "fit" in the
dock.
CORPORATIONS – contracts – agency – whether
contract entered into with the express or implied authority of the
company – implied authority to bind company to contract
through acquiescence of the board.
DAMAGES – mitigation of loss – whether costs incurred
in mitigation are too remote to be recovered – mitigation
results in crystallisation of loss.
Legislation
Commonwealth
Customs Tariff Amendment (2022 Harmonized
System Changes) Act 2021
07/09/2021 – Act No. 91 of 2021 as made.
Customs Amendment (2022 Harmonized System
Changes) Act 2021
07/09/2021 – Act No. 90 of 2021 as made.
Offshore Petroleum and Greenhouse Gas
Storage Amendment (Titles Administration and Other Measures) Act
2021
07/09/2021 – Act No. 96 of 2021 as made.
Regulations
Transport Safety Investigation Regulations
2021
09/09/2021 – this instrument prescribes various
matters required to give effect to provisions in the Transport
Safety Investigation Act 2003, such as defining specific
occurrences constituting reportable matters, listing persons
responsible for reporting and nominating officials for receiving
reports, and repeals the Transport Safety Investigation Regulations
2003.
NSW
Regulations and other miscellaneous instruments
Petroleum (Onshore) Amendment Regulation 2021
(2021–526) – published LW 10 September 2021.
The object of this regulation is to amend the Petroleum (Onshore)
Regulation 2016 to remove the current restriction limiting the
beneficial use of gas for an assessable prospecting operation
authorised by an activity approval to a period of 1,000 days only
and to remove the royalty exemption that applies to certain
cases.
Victoria
Transport Legislation Amendment (Transport Plan)
Bill 2021
Date of second reading speech: 8 September 2021. Amends the
Transport Integration Act 2010 to require the transport plan to
include a hierarchy of modes of transport and targets for the
transport sector.
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.
