Australia: Transport, Shipping & Logistics News – 4 July 2018

Last Updated: 5 July 2018
Article by Nathan Cecil, Geoff Farnsworth, Harry Kingsley and Suzy Cairney
Most Read Contributor in Australia, September 2018

In the media

More than half in under two hours by 2028
67 per cent of logistics companies expect to provide same-day delivery by 2023 and 55% anticipate delivery within a two-hour window by 2028 (29 June 2018). More...

NHVR welcomes OSOM review
The NHVR has welcomed a Federal Government announcement to review the issuing of permits for oversized, over mass heavy vehicles. The review will be led by Mr Felix from WSP Australia and is due to be completed in October (29 June 2018). More...

Establish government freight unit: ALC
The Australian Logistics Council (ALC) has reiterated its call for a dedicated freight and supply chain office within the Department of Infrastructure, Regional Development and Cities (DIRDC) in a new discussion paper. The new unit would be responsible for implementing the National Freight and Supply Chain Strategy (28 June 2018). More...

ALC Launches Electric Vehicles Working Group
The Australian Logistics Council (ALC) has announced it has formed an Electric Vehicles Working Group, to consider the full impact that this rapidly-evolving transport solution will have on the movement of freight in the years ahead (28 June 2018). More...

ARA: Collaborative research approach by NSW Government, the tertiary sector and industry a vital step to enhancing transport solutions
Today's Research Hub announcement by Transport for New South Wales (TfNSW) has been welcomed by the rail sector as an exemplar of research collaboration between government, the tertiary sector and industry. TfNSW has created a hub which combines the research resources of various institutions to generate greater heft behind the implementation of innovative ideas in the transport sector (29 June 2018). More...

ARA welcomes greater freight focus in Victoria
The Australasian Railway Association (ARA) welcomes the Victorian Liberal Nationals' commitment of $1.5 million towards a feasibility study to assess options for a rail link to connect Webb Dock with the freight rail network. Improving port rail connections has also been a key focus of the Commonwealth Government's recently released National Freight and Supply Chain Strategy Inquiry report (28 June 2018). More...

ALC: Laying the Foundation for Success
The Australian Logistics Council (ALC) has released a new Discussion Paper to help lay the foundation for a successful implementation of the National Freight and Supply Chain Strategy. The publication sets out policy actions consistent with the Report of the Inquiry into National Freight and Supply Chain Priorities, which emphasised the need for governments to "take a leadership role and take immediate action" (27 June 2018). More...

Trucking stakeholders call for review into Australia's OSOM system
Australian truck operators continue to suffer costly delays in oversized freight approvals as a result of the national heavy vehicle permit system, according to Road Freight NSW (RFNSW) (27 June 2018). More...

National action required of supply chains confirms new report
A report released by Infrastructure Australia (IA) supports a long held view by the Australian Logistics Council (ALC) that a nationally consistent approach to infrastructure is required. In the report titled Prioritising Reform, IA noted a proposed inquiry into to road user charger reform had yet to commence while efforts to address regulatory uncertainty (26 June 2018). More...

What will the future of freight look like in Australia?
A National Freight and Supply Chain Strategy, which will be informed by the Inquiry, was critical for Australia to keep pace with threats from global development, growing automation, climate change and a rising population that was increasingly centred in congested cities (26 June 2018). More...

ATC: OSOM review needed to Get Australia moving
The Australian Logistics Council (ALC) is supporting calls for an independent review of the rules governing the movement of Oversize Overmass (OSOM) vehicles on Australian roads, saying the dysfunction of the current system is wreaking enormous economic damage (26 June 2018). More...

Renewed calls for 'pay-per-km' system
A government inquiry aiming to find a "user-pays approach" to maintaining roads is overdue, Infrastructure Australia says (25 June 2018). More...

Management of product recalls in a supply chain
Retailers, manufacturers and consumers are growing increasingly concerned about the number of products being recalled or withdrawn, as recorded by the ACCC. As supply chains continue to span the globe, these product recall events have shown that delivery of timely and accurate information to trading partners and regulatory agencies is paramount in the protection and safety of the consumer, the company and the brand (22 June 2018). More...

ARA welcomes the NSW Government's commitment to rail in the 2018-19 Budget
The NSW Government's 2018-19 Budget reinforces the momentum in rail investment across the country and recognises the intensifying importance that must be placed on rail as an integral mode of transport as part of a highly effective transport system (19 June 2018). More...

Published – articles, papers, reports

Laying the Foundation
Australian Logistics Council: released in June 2019
This identifies nine priority actions for the Commonwealth Government to pursue immediately to help facilitate a more effective implementation of the Strategy once it is finalised around May 2019. More...

On the Road, Issue 37, 19 June 2018
On the Road provides 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...

Department of Transport and Main Roads - Marine Incidents in Queensland 2017/2018 | Qld
This report provides an analysis of reported marine incidents which involved vessels regulated under the Queensland Transport Operations (Marine Safety) Act 1994 (25 June 2018). More...

In practice and courts

Home Affairs - ABF – Customs Tariff, statistical code and duty rate changes that come into effect on 1 July 2018
The Department has published two Department of Home Affairs Notices setting out Customs Tariff, statistical code and duty rate changes that come into effect on 1 July 2018.
Home Affairs Notice 2018/20
Home Affairs Notice 2018/21

Home Affairs: GST on Low Value Imported Goods
From 1 July 2018, overseas vendors (including merchants, electronic distribution platforms, and re-deliverers) that meet GST registration requirements will be required to charge and collect GST at the point of sale on eligible goods. More...

AMSA Reminder: Services are changing for owners, operators, and crew of domestic commercial vessels
From 1 July 2018, you will have one system to navigate. Read about the national system transition and find out more about how these upcoming changes may affect you. More...

NTC Submissions

Australian Light Vehicle Standards Rules 2018 - Consultation draft (June 2018)
Issue Date 19 June 2018 Comments Due 1 August 2018.
Heavy Vehicle (Vehicle Standards) National Regulation - Consultation draft (June 2018)
Issue Date 19 June 2018 Comments Due 1 August 2018.
NTC Discussion Paper - Mass limits for three-axle buses
Comments Due 24 July 2018.
NTC Discussion Paper - HVNL fatigue issues
Comments due on 6 July 2018.

ATSB: Help us improve transport safety - ATSB Stakeholder Survey
The ATSB is requesting your feedback on the effectiveness of its engagement and communication with its many stakeholders. Safety education is a critical component of the work of the ATSB, as it fosters safety awareness, knowledge and action (22 June 2018). More...

AMSA: Certificates of operation
From 1 July 2018, you will need to apply for your Certificate of operation through AMSA instead of your local marine safety agency. You must also have a safety management system in place, even if you are exempt from the requirement to have a certificate of operation. More...
These changes implement the outcomes of the Decision Regulation Impact Statement (RIS)—Survey under the National System for Domestic Commercial Vessels, which better align survey requirements for domestic commercial vessel with the risk of individual vessels. More....

AMSA: Crewing requirements for grandfathered passenger vessels
Exemption 28 has been extended from 1 January 2018 to 30 June 2018. Until 30 June 2018, the owners of grandfathered passenger vessels (Class 1) could choose whether to comply with the number of crew required in NSCV Part E (number of crew) or the grandfathered crewing requirements that applied to the vessel on 30 June 2013. More...

NTC Reminder: New changes for the transport of dangerous goods
The Australian Code for the Transport of Dangerous Goods by Road and Rail is set to be updated with changes designed to reduce the burden on industry when transporting low-risk items and bring into line with new United Nations transport requirements. In May, Transport ministers approved version 7.6 of the Code, with the changes effective from 1 July 2018 and compulsory from 1 July 2019. More...

NTC safety assurance system for automated vehicles
Australia's approach to a safety assurance system for automated vehicles is the subject of a Consultation Regulation Impact Statement (RIS) which opened for public consultation. Submissions for the Consultation RIS can be made online on the NTC website until 9 July 2018. More...

NHVR: Changes to Chain of Responsibility laws confirmed for 1 October
Reforms to the Chain of Responsibility (CoR) laws will be implemented from 1 October. Duty holders who assess their risks and manage them will be complying with both the HVNL and workplace safety law. The NHVR has information available including CoR Gap Assessment tools, role-specific fact sheets, Safety Management System templates and tools, and videos and podcasts. More... More...

Cases

Toll Transport Pty Ltd T/A Toll Shipping v Transport Workers' Union of Australia [2018] FWC 3573
Fair Work Act 2009 s.739—Dispute resolution. Dispute about a matter arising under an enterprise agreement.

Four yearly review of modern awards [2018] FWCFB 3528
Fair Work Act 2009 s.156 - 4 yearly review of modern awards.
Four yearly review of modern awards – variation to the Road Transport and Distribution Award 2010 [MA000038] to extend award coverage to the vehicle relocation industry – whether any further modifications to the Road Transport Award should be made to accommodate the particular features of vehicle relocation work (including any appropriate transitional provisions) – two-year transitional period to be introduced – publication of determination.

Legislation

Commonwealth

Product Emissions Standards Amendment (Temporary Exemption and Other Measures) Rules 2018
28/06/2018 - This instrument amends the Product Emissions Standards Rules 2017 to temporarily exempt emissions-controlled products from the Trans-Tasman Mutual Recognition Act 1997, to clarify the relevant regulatory authority and certificates of conformity for the European Union certification of propulsion marine engines, and to correct references to 'propulsion marine engines' and the definition of 'competition engine'.

Marine Order 43 (Cargo and cargo handling — livestock) 2018
This Order provides for the certification of vessels that carry livestock and specifies requirements for the carriage and stowage of livestock to ensure the safe operation of vessels.

Seafarers Rehabilitation and Compensation Levy Regulations 2018
Tabled senate 27/06/2018 - This instrument prescribes a levy rate for the purpose of the Seafarers Rehabilitation and Compensation Levy Act 1992.

Heavy Vehicle National Law - Victoria Class 3 2-Axle Bus Mass Exemption Notice 2018 (No.1)
22 June 2018 - This Notice exempts 2-axle buses operating in Victoria manufactured before a certain date from compliance with certain prescribed mass requirements.

Heavy Vehicle National Law - New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1)
19 June 2018 - This Notice is intended is to exempt silage trailers from certain mass and dimension requirements under the Heavy Vehicle National Law (HVNL).

National Heavy Vehicle Standards (Emergency Services Speed Limiting) Exemption Notice 2018 (No. 1)
18 June 2018 - The purpose of this notice is to exempt emergency vehicles that are heavy vehicles from complying with certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation).

Heavy Vehicle National Law - New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1)
18 June 2018 - This Notice is intended is to exempt silage trailers from certain mass and dimension requirements under the Heavy Vehicle National Law (HVNL).

Victoria

Labour Hire Licensing Act 2018
Date of assent: 26 June 2018, Act Number: 25/2018.

Victorian legislation is available at www.legislation.vic.gov.au.

New South Wales

Proclamations commencing Acts

Transport Administration Amendment (Sydney Metro) Act 2018 No 18 (2018-275) — published LW 22 June 2018.

Regulations and other miscellaneous instruments

Heavy Vehicle (Adoption of National Law) Amendment (Penalties) Regulation 2018 (2018-353) — published LW 29 June 2018.
Heavy Vehicle (Adoption of National Law) Amendment Regulation 2018 (2018-354) — published LW 29 June 2018.
Marine Safety Amendment (Fees) Regulation 2018 (2018-326) — published LW 29 June 2018.
Photo Card Amendment (Fees and Penalty Notice Offences) Regulation 2018 (2018-329) — published LW 29 June 2018.
Ports and Maritime Administration Amendment (Fees) Regulation 2018 (2018-331) — published LW 29 June 2018.
Road Amendment (Penalties for Speeding Offences) Rule 2018 (2018-333) — published LW 29 June 2018.
Road Transport (Vehicle Registration) Amendment (Heavy Vehicles) Regulation 2018 (2018-335) — published LW 29 June 2018.
Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2018 (2018-334) — published LW 29 June 2018.
Roads Amendment (Penalty Notice Offences) Regulation 2018 (2018-336) — published LW 29 June 2018.
Heavy Vehicle (Registration) National Regulation (2018-298) — published LW 22 June 2018.
Heavy Vehicle National Legislation Amendment Regulation 2018 (2018-299) — published LW 22 June 2018.
Transport Administration (General) Amendment (Sydney Metro) Regulation 2018 (2018-284) — published LW 22 June 2018.

Bills passed by both Houses of Parliament

Modern Slavery Bill 2018

Bills assented to

Modern Slavery Act 2018 No 30 — Assented to 27 June 2018.

For the full text of Bills, and details on the passage of Bills, see Bills.

Queensland

Acts

Heavy Vehicle National Law and Other Legislation Amendment Act 2018
Assent Date: 18/06/2018 Act No: 10 Commences: Commencement: (1) Sections 16, 32, 33, 34 and 43 commence immediately after the commencement of the Heavy Vehicle National Law and Other Legislation Amendment Act 2016, section 10. (2) Parts 2, 3 and 8 and sections 12 to 15, 17, 18, 24 to 31 and 35 to 41 commence on 1 July 2018. (3) Sections 19 to 23, 42, 45(1) and 47 commence on a day to be fixed by proclamation.

Subordinate legislation as made

No 89 Heavy Vehicle National Legislation Amendment Regulation 2018 22 June 2018
The Regulation makes a range of nationally agreed minor or technical amendments to the following Heavy Vehicle National Law Act 2012 regulations: (a) Heavy Vehicle (General) National Regulation; (b) Heavy Vehicle (Mass, Dimension and Loading) National Regulation; and (c) Heavy Vehicle (Vehicle Standards) National Regulation.

No 90 Heavy Vehicle (Registration) National Regulation 22 June 2018
The Regulation details the information to be contained in the national operator fleet dataset and its ongoing use, including; (a) information about registered heavy vehicles; (b) information about registered operators of heavy vehicles: (c) information about registered heavy vehicles to be given to the Regulator; (d) information about registered operators of heavy vehicles to be given to the Regulator; (e) information about vehicle defect notices; (f) changes to information in the database; and (g) access to information in the database/

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Nathan Cecil
Geoff Farnsworth
Suzy Cairney
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions