In the media

APL England master in court while operator defends actions, clean-up
The master of the APL England appeared in court in Australia to face charges related to the loss of containers from the ship during an incident on May 24 southeast of Sydney, Australia. At the same time, the ship's operators also issued statements acknowledging the accident while defending the actions of its crew (01 June 2020). More...

Mixed outcome for NHVR in driver penalty appeal
The National Heavy Vehicle Regulator (NHVR) has been partially vindicated appealing a truck driver's "manifestly inadequate" penalty for critical Heavy Vehicle National Law breaches. See NATIONAL HEAVY VEHICLE REGULATOR v MOUNCE [2020] SASC 91 (12 June 2020). More...

NHVR freezes fee increases to help provide relief to industry
The NHVR has announced it will freeze fee increases on all NHVR-provided services until January 2021. The freeze will apply to all National Heavy Vehicle Accreditation Scheme module and nominated vehicle fees. For the list of NHVR fees visit NHVR fee schedule (11 June 2020). More...

NHVR doing the right thing with fees freeze
NatRoad has praised the National Heavy Vehicle Regulator for its fee freeze announced. The freeze will apply to all National Heavy Vehicle Accreditation Scheme module and nominated vehicle fees: There are currently around 7,500 heavy vehicle operators accredited across 12,300 modules (11 June 2020). More...

ALC welcomes QLD Govt extension on suspended delivery curfews
The Queensland Government's decision to extend the suspension of curfews on overnight deliveries to supermarkets and essential businesses has been welcomed by the Australian Logistics Council (ALC) (11 June 2020). More...

CTAA welcomes liability cap increase in DPWA terminals
Container Transport Alliance Australia (CTAA) has welcomed a rise in the 'liability cap' offered by DP World Australia (DPWA) for loss or damage caused to wharf carriers' trucks or trailing equipment in its terminals across Australia (11 June 2020). More...

Global initiative launched to tackle marine bio-fouling and greenhouse gas emissions
A new "Global Industry Alliance for Marine Biosafety" was launched on 08 June by the International Maritime Organization, along with other global stakeholders, to tackle marine biofouling and greenhouse gas emissions (10 June 2020). More...

Urgent: Accelerate digitalisation of trade, industry says
A host of international shipping bodies have called for inter-governmental bodies, governments and industry to speed up the pace of digitalisation so that port communities can at least offer a "basic package" of electronic commerce and data exchange (10 June 2020). More...

$8 million project supporting important freight routes
Work is now underway on an $8 million project aimed to make it easier for local councils to support heavy vehicle operators to choose the most productive routes. Assistant Minister for Road Safety and Freight Transport Scott Buchholz said that the Strategic Local Government Asset Assessment Project would include 12 councils nationwide in its pilot phase.(09 June 2020). More...

Melbourne port in container logistics study
The Port of Melbourne is to conduct a $1 million industry study of container logistics. The outcome will be aimed at informing Victoria's future freight and containerised trade logistics (03 June 2020). More...

Expanded national road train network to unlock freight productivity
A new road train network for Victoria, improvements to cross-border travel and fewer requirements for access permits will begin under a new national road train notice. The 2020 National Class 2 Road Train Notice replaces the 2015 National Class 2 Road Train Notice (02 June 2020). More...

Extra month for containerchain payment initiative
Containerchain has lengthened its payments leeway by another month until the end of June, the container logistics platform and Container Transport Alliance Australia say in a joint statement (02 June 2020). More...

New South Wales OSOM permits transfer to NHVR Portal
The NHVR is now processing all Class 1 Oversize and Overmass (OSOM) permit applications for NSW. NHVR CEO Sal Petroccitto said the NHVR had been working closely with Transport for NSW, NSW local councils and the heavy vehicle industry to finalise the transfer of OSOM permit processing (01 June 2020). More...

Seafarers denied medical care for serious conditions, ICS warns
Cases of seafarers being denied medical care for conditions unrelated to COVID-19 have been reported to the International Chamber of Shipping. The ICS re-issued, with additional content, its "Guidance for Ship Operators for the Protection of the Health of Seafarers," in late May. Among 48 pages of content, the new guidelines contain recommendations (01 June 2020). More...

Drivers denied amenities at feedlots: ALRTA
The Australian Livestock and Rural Transporters Association (ALRTA) has requested a change to a Covid-19 guideline regarding feedlots. ALRTA has asked ALFA to reconsider the obligation of feedlots to manage fatigue risk under heavy vehicle laws (12 June 2020). More...

Live export exemption granted
The Department of Agriculture, Water and the Environment has granted Rural Export and Trading (WA) Pty Ltd an exemption to the prohibition of export of sheep by sea to the Middle East, following the submission of a second application for exemption by the exporter. A detailed statement of reasons for this decision is available on the department's website (13 June 2020). More...

Published – articles, papers, reports

NHVR Newsletter (industry updates)
On the Road is our fortnightly newsletter providing important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes, and resources to help industry members comply with the HVNL. More...

Practice and Regulation

HVIA: New timeline for RVSA changes
The Department of Infrastructure has just updated its RVS legislation implementation webpage, which includes a new section on our stakeholder commitment and a link to a revised RVS Legislation Program Roadmap calendar (10 June 2020).

ATSB safety investigations and reports
 Derailment of freight train 6CM3, Junee, New South Wales, on 7 June 2019 - final report
The derailment of two freight wagons and the subsequent disruption to freight and passenger services has highlighted the importance of inspection techniques that effectively monitor and report on asset condition.

AWA: AWE – 2020-21 BMSB season measures – 3 countries added, season end timing and intervention clarified
AFIF as a member of the DCCC-BMSB has been advised of the forthcoming 2020-21 BMSB Season changes to be effective from 1 September 2020. For the 2020-21 BMSB risk season, measures will apply to:
Certain goods manufactured in, or shipped from target risk countries, and/or vessels that berth at, load or tranship from target risk countries from 1 September 2020 and that arrive in Australian territory by 31 May 2021 (inclusive):
Goods must be treated if exported between 1 September 2020 & 30 April 2021 inclusive; Goods arriving from 1 June 2021 will not be subject to BMSB measures. More...

AMSA Extension National Law certificates of competency
This Domestic Commercial Vessel Safety 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. AMSA has issued an exemption that extends all National Law certificates of competency and all associated endorsements, expiring between 26 March and 1 October 2020, for six months from the expiry date noted on the certificate. More...

AMSA: 03/2020—Shutdown of AMSA's differential global positioning system (DGPS) service
This marine notice informs vessel owners, operators and masters of the shutdown of AMSA's radio beacon differential global positioning system service from 1 July 2020. More...

Senate: Consultations
 Importance of a viable, safe, sustainable and efficient road transport industry
Status: Submissions closed. Date Referred: 11 September 2019. Next Hearing: 16 March 2020. Reporting Date: 14 October 2020

AIS: Transport and Logistics Industry Reference Committee Projects
The Case for Endorsement will be considered at the Committee's first meeting in 2020.
TLI Chain of Responsibility
TLI Heavy Vehicle Driver Safety
TLI Freight Forwarding

Cases

Australian Competition and Consumer Commission v Pacific National Pty Limited (No 2) [2020] FCAFC 98
COMPETITION – final orders – release of undertaking – costs
The appeal be dismissed. The cross-appeals be allowed
On 6 May 2020, the Court delivered judgment in this appeal. In summary, the Court upheld the cross-appeals on the ground that the primary judge erred in finding that the proposed acquisition of the Acacia Ridge Terminal (ART) by entities within the Pacific National group of companies (Pacific National) would contravene s 50 of the Competition and Consumer Act 2010 (Cth) (Act).

Legislation

Bills

Export Control Legislation Amendment (Certification of Narcotic Exports) Bill 2020
Senate Introduced and read a first time 10 June 2020 Second reading moved 10 June 2020
Amends the Export Control Act 1982 and Export Control Act 2020 to allow for the export of certain narcotic goods, such as medicinal cannabis and low-tetrahydrocannibinol hemp products

NSW

Proclamations commencing Acts
Transport Administration Amendment (Transport Entities) Act 2017 No 12 (2020-254) — published LW 12 June 2020

Queensland

Subordinate legislation as made – 12 June 2020
No 89 Transport Legislation (Fees) Amendment Regulation 2020

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.