In the media

Green hydrogen feasibility study positions Port of Newcastle to drive a more diverse Hunter economy
As announced by Prime Minister Scott Morrison, Australia's deepwater global gateway, Port of Newcastle, is partnering with Macquarie Group's Green Investment Group and the Commonwealth Government's Australian Renewable Energy Agency to support the development of a hydrogen economy in the Hunter region (08 November 2021). More...

Revenue from carbon prices on shipping must be targeted, say experts
Shipping's decarbonization and developing countries should be the beneficiaries of carbon costs imposed on bunker fuel, according to political and diplomatic transport experts (13 November 2021). More...

Countries commit to 'green shipping corridors'
More than 20 countries have agreed to work towards establishing "green shipping corridors" to be used by zero-emission vessels. During COP26 22 countries including the UK, US, Japan and Australia signed the Clydebank Declaration, which aims to set up six such corridors "by the middle of this decade" and "many more" by 2030 (12 November 2021). More...

First port in Australia to achieve Climate Active carbon neutral certification
GeelongPort has become the first port in Australia to achieve Climate Active carbon neutral certification for its business operations. Reaching carbon neutrality was one of the long-term objectives in GeelongPort's 20-year environment strategy released in 2019 (11 November 2021). More...

Better bridges and more rest stops in revised $250m program
The federal government has promised $250 million as part of a revised joint program designed to help improve heavy vehicle safety, keep freight moving and create jobs. The Bridges Renewal Program and the Heavy Vehicle Safety and Productivity Program will now run in unison, so applicants can source appropriate programs for their projects (11 November 2021). More...

Suez Canal Authority hikes fees by 6 per cent
Ship operating costs will get more expensive next year on the main East/West trades as the Suez Canal Authority has hiked toll fees by 6 per cent from February 2022. All vessel types, except cruise ships and LNG carriers, will be affected (05 November 2021). More...

DP World Australia statement on ACCC stevedoring monitoring report
Following the release of the 2020–21 ACCC stevedoring monitoring report, DP World is surprised at the weight attributed to the inaugural IHS Markit report on global port performance which was published earlier this year, particularly the criteria used to measure both port performance and stevedores performances in those ports (10 November 2021). More...

ACCC report points to need for more efficiency
"Voluntary guidelines for the way stevedores impose new landside port charges need to be mandated to give the heavy vehicle industry greater cost certainty," the National Road Transport Association said. "Landside fees are rising too fast but we at least want some warning of increases so members can negotiate with their customers" (08 November 2021). More...

Biosecurity documentation processing: A need for reform and urgent interim solutions
While FTA is committed to a continuation of collaboration with the department to implement remedial actions, there is clearly a need for a broader over-haul of outdated practices with labour-intensive processing of documents to be replaced with more efficient data transfers, facilitation via industry self-assessment and modernised electronic profiling (10 November 2021). More...

Advanced Emergency Braking ADR's for light goods vehicles legislated
Mandating Advanced Emergency Braking for light vehicles was identified as a priority in Future Steps of the National Road Safety Strategy 2011–2020 as well as a Priority Action of the National Road Safety Action Plan 2018–2020 (10 November 2021). More...

HVIA welcomes government investment in Future Fuels infrastructure
HVIA has welcomed the Prime Minister's announcement of increased funding for infrastructure to support the rollout of battery and fuel cell electric vehicles (09 November 2021). More...

Driving down emissions in heavy transport with renewable hydrogen
Heavy vehicles powered by renewable hydrogen will be used in a first-of-a-kind deployment in Townsville, helping to reduce emissions in the transport and mining sectors (08 November 2021). More...

NatRoad says court ruling underlines need to consider vaccination
The National Road Transport Association has urged all people working in the supply chain to consider vaccinating against COVID-19 following a landmark judgement (08 November 2021). More...

Industry partnership guides positive safety future
More fatigue risk management options, targeted compliance activities and promoting safer, cleaner and efficient heavy vehicles are some of the key initiatives to be delivered under the first year of the NHVR's five-year strategy for heavy vehicle safety. View the Heavy Vehicle Safety Strategy 2021–2025 (08 November 2021). More...

Global container trade disruptions leave Australian businesses vulnerable
The COVID-19 pandemic has destabilised the global container freight supply chain, and delayed shipments and rapidly rising freight rates are putting intense pressure on Australian exporters and importers, a new report from the ACCC reveals (04 November 2021). More...

NHVR reappoints board, backs borderless operations in new document
Key features of the modern, regulatory approach promoted, as part of the NHVR's future vision, will be to deliver borderless operations and increasing flexibility for safe operators (03 November 2021). More...

HVIA welcomes NHVR statement on PBS changes
The heavy vehicle industry has welcomed the NHVR's announcement of a new gazette notice that reduces reliance on permits for some Performance Based Standards (PBS) vehicles. The NHVR will give eligible PBS vehicles immediate network access where the mass limits in the vehicle approval are compliant with a Tier 1 bridge assessment (01 November 2021). More...

Published – articles, papers, reports

NHVR: Newsletter
Fortnightlynewsletter 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 127 – 3 November 2021. Click here to view the archive.

Container Stevedoring Monitoring Report 2020–2021
ACCC: 04 November 2021. The report presents information on the financial and operational performance of the monitored container stevedores, as well as observations regarding key developments within the sector. Click here for more information.

Practice and regulation

Advanced Emergency Braking ADR's for Light Goods Vehicles Standards
The new ADRs were published on the Federal Register of Legislation on 5 November 2021:
Vehicle Standard (Australian Design Rule 98/00 – Advanced Emergency Braking for Passenger Vehicles and Light Goods Vehicles) 2021 for AEB systems capable of detecting collisions with other vehicles (C2C AEB) from 1 March 2023 for all new model vehicles and 1 March 2025 for all new vehicles.
Vehicle Standard (Australian Design Rule 98/01 – Advanced Emergency Braking for Passenger Vehicles and Light Goods Vehicles) 2021 for AEB systems capable of detecting collisions with other vehicles (C2C) and pedestrians (C2P AEB) from 1 August 2024 for all new model vehicles and 1 August 2026 for all new vehicles.

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 (October 2021). Read more here.

Rural and Regional Affairs and Transport Legislation Committee consultations
 Australia's general aviation industry
Reporting date: 30 November 2021.

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.

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 nowput 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: Final consultation on near coastal qualifications
Tell us what you think about the draft Marine order 505 (certificates of competency) and supporting guidelines. The draft marine order contains a range of changes, some of which are a result of feedback industry provided during the 2019 consultation. This final consultation closes on 14 November 2021. Learn more and have your say.

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.

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 will be open for a period of four weeks, from 29 October to 26 November 2021. Click here for more information.

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.

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

SINO IRON PTY LTD -v- MINERALOGY PTY LTD [No 3] [2021] WASC 384
PRACTICE AND PROCEDURE – amended defence – application to strike out amendments – no reasonable defence – alleged abuse of process – trial dates fixed – large components of new pleas replicated pleas made earlier when seeking a permanent stay of the action which stay application was summarily dismissed as unarguable – no legitimately arguable defensive purposes served by some amendments.
15AD Royalty Component B became payable in December 2013 when Sino Iron and Korean Steel commencedshippingmagnetite concentrate.; (b) refused to pay Royalty Component B for the purpose of delaying payment of sums to which Mineralogy was entitled.

Admiral International Pty Ltd v Insurance Australia Ltd; Brightcity International Trading Pty Ltd v Admiral International Pty Ltd [2021] NSWSC 1440
1. Judgment for the plaintiff against the first defendant in the sum of $246,132.90.
3. Judgment for the plaintiff against the second defendant in the sum of $3,337,854.
INSURANCE – claim for indemnity – warehouse fire – theft of goods prior to fire – whether insured knew fire was to be started and consented to it – identification of the insured's active and directing mind – fraud of individuals attributed to insured company – insured disentitled from indemnity.
INSURANCE – claim by owner of goods – not a party to warehouse operator's policy – construction of policy – interpretation of "interests of other parties" clause – section 48(1) of the Insurance Contracts Act 1984 (Cth).
BAILMENT – bailee – duties – breach of obligation to return goods or their value – where bailed goods destroyed by fire – failure to take reasonable care – bailee liable for loss – Tottenham Investments Pty Ltd v Carburettor Services Pty Ltd applied.
EVIDENCE – standard of proof – civil case – where fraud sought to be inferred – circumstantial evidence – Bradshaw v McEwans Pty Ltd applied.
Customs Act 1901 (Cth); Evidence Act 1995 (NSW).

Australian Securities and Investments Commission v GetSwift Limited (Liability Hearing) [2021] FCA 1384
CORPORATIONS – the GetSwift saga – story of the rise and fall of a nascent 'tech start up' listed on the ASX – market offering 'software as a service' – purported 'exclusive multi-year' agreements with 13 enterprise clients – underlying facts reveal agreements far less than certain – focus on influencing market perceptions through 'price sensitive' ASX announcements – 'do or die' approach to success – "[b]it by bit until we get to a $7.50 share price :)" – company re-domiciled to Canada during currency of regulatory proceeding.
Mr Abdul David Halliday ah Jaafar, Fantastic Furniture's General Manager ofSupply Chain and Quality Assurance, requested that Mr Nguyen, a Supply ChainAnalyst, review the delivery management software platforms that Fantastic Furniture's third-party logistics providers were using for the delivery of goods and its customers.

Legislation

Commonwealth

Regulations

Vehicle Standard (Australian Design Rule 98/00 – Advanced Emergency Braking for Passenger Vehicles and Light Goods Vehicles) 2021
05/11/2021 – this instrument specifies requirements for advanced emergency braking systems fitted to passenger vehicles (other than omnibuses), and to light goods vehicles, to avoid or mitigate the severity of rear-end in lane collisions.

Vehicle Standard (Australian Design Rule 98/01 – Advanced Emergency Braking for Passenger Vehicles and Light Goods Vehicles) 2021
05/11/2021 – this instrument specifies requirements for advanced emergency braking systems fitted to passenger vehicles (other than omnibuses), and to light goods vehicles, to avoid or mitigate the severity of rear-end in lane collisions and pedestrian collisions.

Customs (International Obligations) Amendment (Regional Comprehensive Economic Partnership Agreement Implementation) Regulations 2021
01/11/2021 – these regulations amend the Customs (International Obligations) Regulation 2015 to enable a refund of any excess duties paid on Regional Comprehensive Economic Partnership originating goods, or on goods that would have been RCEP originating goods, in specified circumstances.

Customs (Regional Comprehensive Economic Partnership Rules of Origin) Regulations 2021
01/11/2021 – this instrument prescribes the rules used to determine whether goods are Regional Comprehensive Economic Partnership (RCEP) originating goods, including the methods used to determine the regional value content of goods for the purposes of some of the product-specific rules requirements. This instrument also prescribes the valuation rules for different kinds of goods and sets out the classes of records that must be retained by Australian exporters and producers of RCEP originating goods.

Gazetted

Establishment of a Petroleum Safety Zone – Notice A810586 – Chevron Australia Pty Ltd – Julimar Development Phase 2 Pipeline WA–29–PL In Title Area WA–49–L
02/11/2021 – where an unauthorised vessel enters or remains in the safety zone specified in contravention of this notice, the owner and the person in command or in charge of the vessel are each guilty of an offence against Section 616 of the Act and are punishable, upon conviction, by imprisonment.

NSW

Bills assented to
Electric Vehicles (Revenue Arrangements) Act 2021 No 25 – assented to 01 November 2021

Queensland

Subordinate legislation as made – 12 November 2021
No 163 Economic Development (Southport PDA) Amendment Regulation 2021

Victoria

Acts
Act Number: 30/2021 Transport Legislation Miscellaneous Amendments Act 2021 (Vic)
Date of commencement: 3 November 2021
Part 7 (sections 72–85), Part 8 Division 2 (sections 87, 88), sections 101, 102 of this Act came into operation on 03 November 2021 (SG578 19.10.2021)

Statutory Rules
9 November 2021
No 136 Road Safety (General) Amendment Regulations 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.