In the media

Australia-Germany to support hydrogen supply chain projects
The future of hydrogen exports in Australia will get a boost from international collaboration between Australia and Germany as the Morrison Government continues to accelerate the development of Australia's future hydrogen industry (23 November 2021). More...

New laws to support offshore electricity infrastructure
Parliament has endorsed a package of new laws which will support the development of Australia's offshore energy industry and deliver new jobs and investment in offshore windfarms and transmission projects. Importantly, this framework enables the development of these new energy projects while safeguarding the environment, securing the health and safety of workers and protecting other maritime stakeholders (25 November 2021). More...

"I can't see any positives": Return of cruise ships may bring a storm of protest to regional Australian ports
Post-COVID cruising industry wants picturesque towns on its itineraries, while locals fear the pollution and damage the ships can bring (21 November 2021). More...

Pulse Australia sees big crop coming in solid market
Harvest of another bumper Australian winter pulse crop is well under way, and is meeting solid demand despite ongoing issues with containerised freight. Despite a strong harvest locally, getting product to export customers in the current environment is expensive, difficult, and risky (26 November 2021). More...

Big retailers named and shamed over living wage
Anti-poverty group Oxfam says some of Australia's largest retailers are still failing to walk the talk when it comes to exploitation in their global supply chains, with some failing to ensure workers are paid a living wage (25 November 2021). More...

CTAA renews container detention fee call
Container Transport Alliance Australia is again calling out the use of container detention charges in the midst of peak-season port congestion. Import availability delays are adding to the land-side cost burden (25 November 2021). More...

In-water cleaning standards must align with international standards
Shipping Australia has filed a submission with the Department of Agriculture, Water and the Environment in relation to its consultation on in-water hull cleaning standards. The ocean shipping is a global industry and therefore needs standardised global regulations to operate (17 November 2021). More...

"Tough cop on the beat": Anti-slavery commissioner to investigate unethical practices
An independent anti-slavery commissioner will be created in NSW to crack down on any unethical government supply chain practices after landmark modern slavery laws passed the state Parliament. After more than three years of delay, the new laws will come into effect in 2022 (19 November 2021). More...

NSW Ports CEO says squeeze on industrial land affecting freight
A report undertaken by urban growth specialists Astrolabe and commissioned by Sydney Ports, found the city's freight and logistics system is fragmented and complicated and there's s dire shortage of industrial land in Sydney's east (23 November 2021). More...

Port of Townsville signs MoU for hydrogen export project
The Port of Townsville and Edify Energy have signed a Memorandum of Understanding to work together to advance Edify's project to export renewable hydrogen out of the port (26 November 2021). More...

NSW announces review of PBLIS and the Ports & Maritime Act
A comprehensive review of the Ports and Maritime Administration Act (1995; NSW) and the Port Botany Landside Improvement Strategy has been announced by the NSW State Government. The review will tackle inefficiencies and support NSW industry and jobs. For more information on the review click here (17 November 2021). More...

Australian Standards for the Export of Livestock update
An updated version of the Australian Standards for the Export of Livestock, ASEL 3.2, is now available on the department's website. The ASEL sets the requirements for exporting livestock from Australia by sea (18 November 2021). More...

$5.6m on offer for vehicle safety grants
$5.6 million in grants is open to both community and industry groups as part of the Heavy Vehicle Safety Initiative. The $5.6 million pool is open to both community and industry groups as part of Round 7 of the Heavy Vehicle Safety Initiative. The Federal Government had so far allocated around $33.6 million through the HVSI (26 November 2021). More...

NatRoad demands unfair contracts bill
The National Road Transport Association has called on Federal Parliament to urgently consider reforming unfair contracts to protect small businesses (25 November 2021). More...

Coronial report recommends tougher health screenings for truckies
Tougher health screenings for truckies, incentives for autonomous emergency braking and fatigue sensor systems in trucks. Those are the three main recommendations for the industry from the final coronial report into the tragic death of four-year-old Blake Corney in 2018 (24 November 2021). More...

Packing and securing loads a safety issue with risks and responsibilities
Regulatory advice to a range of parties on safe shipping container packing has just been released by the National Heavy Vehicle Regulator. The national regulator highlights the parties most responsible under Chain of Responsibility aspects of the Heavy Vehicle National Law if a badly packed container causes an incident (18 November 2021). More...

New signage proposed to divert over height vehicles approaching tunnels
A recently completed project has recommended changes to the Austroads Guide to Road Tunnels Part 2: Planning, Design and Commissioning to rationalise road signs on the approaches to tunnels, to divert over-height and dangerous goods vehicles approaching tunnel entrances. View the Network signage for over height vehicles approaching road tunnels (16 November 2021). More...

Work-related fatalities in 2020 report released
Safe Work Australia has published the Work-related Traumatic Injury Fatalities Australia 2020 report. The report details that over two-thirds of worker fatalities occurred in the following industries: Transport, postal and warehousing (49 fatalities). The most common causes of worker fatalities were: Vehicle collisions (41%) (17 November 2021). More...

Broad national training reform effort empowering industries agreed
The Transport and Logistics Training Package (Release 10.0) has been endorsed by the nation's skills and training ministers for implementation, VET 4 T&L has highlighted (24 November 2021). More...

New VicRoads team add speed to support
VicRoads' Incident Response Service has been expanded with new officers and special purpose vans, deployed in key hotspots in the western, eastern and south-eastern suburbs of Melbourne, where newly installed technology is helping dedicated engineers identify congestion and incidents (18 November 2021). More...

Published – articles, papers, reports

Austroads Annual Report 2020–21
AP-C20-21 18 November 2021.
The annual report provides a detailed review of Austroads' progress against its strategic plan. At a glance, in 2020–21 Austroads: Invested $11.2 million in research and projects managed 101 projects, completing 39 during the year. Click here to read 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 128 – 17 November 2021. Read more here.

Practice and regulation

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 now put 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 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.

NHVR: Regulatory advice
17 November 2021 – managing the risks of transporting freight in shipping containers. Identifying and managing the safety risks of transporting freight in shipping containers by road.

NHVR: $5.6 million for heavy vehicle safety grants
Applications are now open for Round 7 of the Heavy Vehicle Safety Initiative, giving community and industry groups the chance to share in this record funding pool. This funding will support initiatives that increase safety awareness, education and compliance across the sector. Applications for Round 7 funding are open until 14 February 2022. Projects must be implemented during the 2022–23 financial year and be completed within two years of commencement. For more information click here (26 November 2021).

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. Click here for more information.

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 here.

AWE Australian Standards for the Export of Livestock update
An updated version of the Australian Standards for the Export of Livestock, ASEL 3.2, is now available on the department's website. The ASEL sets the requirements for exporting livestock from Australia by sea and air. The standards outline the minimum animal health and welfare conditions exporters must meet. 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 from 29 October to 26 November 2021. Read more here.

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.

AWE Export Advisory Notices

18 November 2021–22: The 2021 update of the Australian Standards for the Export of Livestock (ASEL 3.2) has been published.

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

Inquest into the death of Blake Andrew Corney [2021] ACTCD 6
CORONIAL LAW – cause and manner of death – matter of public safety – death caused by culpable driving – licencing requirements for heavy vehicle drivers – medical assessment and reporting of fitness to drive – collision-avoidance technology in heavy vehicles – recommendations.
Coroners Act 1997 (ACT); Motor Vehicles Standards Act 1989 (Cth); Road Transport (Driver Licensing) Regulation 2000 (ACT); Road Vehicles Standards Act 2018 (Cth).

DP World (Fremantle) Limited T/A DP World (Fremantle) Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2021] FWC 6444
Fair Work Act 2009 section 418 – industrial action.
[3] DP World operates a container stevedoring terminal at the Port of Fremantle.

Legislation

Commonwealth

Regulations

Customs (Prohibited Imports) Amendment (Commercial Importation of Kava as Food) Regulations 2021
26/11/2021 – this instrument amends the Customs (Prohibited Imports) Regulations 1956 to establish the permission framework to commercially import kava as a food product.

Industrial Chemicals (General) Legislation Amendment (2021 Measures No. 1) Rules 2021
22/11/2021 – this instrument amends the Industrial Chemicals (General) Rules 2019 and the Industrial Chemicals (Consequential Amendments and Transitional Provisions) Rules 2019 to clarify the operation of the Australian Industrial Chemicals Introduction Scheme within existing policy. Part 8 – movement of industrial chemicals into or out of Australia.

Bills

Offshore Electricity Infrastructure Bill 2021
Finally passed both Houses 25/11/2021 – introduced with the Offshore Electricity Infrastructure (Regulatory Levies) Bill 2021 to facilitate and regulate the development of electricity infrastructure in Commonwealth waters, the bill: Prohibits offshore renewable energy infrastructure and offshore electricity transmission infrastructure in the Commonwealth offshore area without a licence; provides for the minister to declare specified areas suitable for offshore infrastructure activities and to grant licences allowing proponents to undertake offshore infrastructure activities in specified areas; provides for safety and protection zones to protect offshore electricity infrastructure; establishes the Offshore Infrastructure Registrar to administer the licensing scheme, establishes the Offshore Infrastructure Registrar to administer the licensing scheme, including maintaining a register of licences and managing the licence application process; identifies the National Offshore Petroleum Safety and Environmental Management Authority as the Offshore Infrastructure Regulator with work health and safety, environmental management, infrastructure integrity and regulatory functions; provides for directions, compliance and enforcement powers; and provides for the protection of worker safety through modified application of the Work Health and Safety Act 2011.

Offshore Electricity Infrastructure (Consequential Amendments) Bill 2021
Finally passed both Houses 25/11/2021 – further to the Offshore Electricity Infrastructure Bill 2021 and the Offshore Electricity Infrastructure (Regulatory Levies) Bill 2021, the bill amends the: Offshore Petroleum and Greenhouse Gas Storage Act 2006 to: Extend the operation of the Act to provide that a person commits an offence if a regulated entity interferes with offshore infrastructure activities; clarify the dual role of the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) in regulating the Act and the Offshore Electricity Infrastructure framework, including in relation to NOPSEMA's duties, money and annual reporting requirements; and clarify that the National Offshore Petroleum Titles Administrator may also be appointed as the Offshore Infrastructure Registrar; and Coral Sea Islands Act 1969, Environment Protection and Biodiversity Conservation Act 1999, Sea Installations Act 1987 and Telecommunications Act 1997 to make consequential amendments.

Offshore Electricity Infrastructure (Regulatory Levies) Bill 2021
Finally passed both Houses 25/11/2021 – introduced with the Offshore Electricity Infrastructure Bill 2021 to facilitate and regulate the development of electricity infrastructure in Commonwealth waters, the bill imposes an offshore electricity infrastructure levy on offshore electricity infrastructure licence holders or those engaging in offshore infrastructure activities prescribed by regulations.

Customs Amendment (Controlled Trials) Bill 2021
HR 24/11/2021 – the Bill is part of the Government's Simplified Trade System agenda, announced in the 2020–21 Budget and establishes a new regulatory framework to facilitate proof-of-concept trials of new technology, business models and regulatory approaches with appropriate regulatory oversight.

Customs Amendment (Banning Goods Produced By Forced Labour) Bill 2021 (No. 2)
HR 22/11/2021 – the Customs Amendment (Banning Goods Produced By Forced Labour) Bill 2021 (the Bill) proposes to amend the Customs Act 1901. The purpose of the Bill is to ban the importation of goods that are produced in whole or part by forced labour. The Australian Parliament has expressed strong support for international efforts to suppress modern slavery.

Gazetted 15 November 2021

National Class 2 Performance Based Standards (High Productivity) Authorisation Notice 2021 (No.1)
15/11/2021: Authorised access to the areas and routes specified in this Notice is limited by conditions including PBS tier ratings or template vehicle requirements. A vehicle will need to comply with both its own PBS vehicle approval and the conditions of this Notice to access a given area or route. This Notice commences on 15 November 2021.

NSW

Bills revised following amendment in Committee – 19 November 2021
 Modern Slavery Amendment Bill 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.