Australia: Transport, Shipping & Logistics News – 17 July 2018

Last Updated: 21 July 2018
Article by Nathan Cecil, Geoff Farnsworth, Harry Kingsley and Suzy Cairney
Most Read Contributor in Australia, September 2018

In the media

Prosecutor wins Tasmanian HVNL overloading appeal
A retiring Tasmanian trucking company owner has had an overloading fine increased more than four-fold on appeal under a Heavy Vehicle National Law (HVNL) prosecution (13 July 2018). More...

Hefty fine over driver injury from stone slabs
Cosentino Australia has been fined $200,000 out of a possible $1.5 million in the New South Wales District Court over the serious injury and incapacity of a truck driver after a SafeWork NSW criminal prosecution (12 July 2018). More...

Bulk carrier banned for underpaying crew
The Australian Maritime Safety Authority (AMSA) has banned the Hong Kong-flagged bulk carrier MV Shandong Hai Wang for 12 months after it was discovered that crew had been deliberately underpaid (12 July 2018). More...

ALRTA seeks clarity on livestock CoR duties
The Australian Livestock and Rural Transporters Association has lodged a submission in response to the National Transport Commission's discussion paper on load restraint and effluent (12 July 2018). More...

TCA launches telematics app guide
A new guide to building new telematics applications has been launched in a wide-ranging series of document updates by Transport Certification Australia (TCA), to provide clarity for developers, producers and consumers (10 July 2018). More...

Industry bodies join forces in fatigue rule shakeup
Industry bodies have come together to assist the National Transport Commission (NTC) in assessing two fatigue-related issues within the Heavy Vehicle National Law (HVNL) (09 July 2018). More...

Avoid mandated Owner Driver pay rates: NatRoad
Imposing mandated rates of pay for owner drivers would be bad for them, bad for business and bad for the economy, National Road Transport Association (NatRoad) chief executive Warren Clark says (06 July 2018). More...

TCA releases statement of corporate intent
Transport Certification Australia has released its Statement of Corporate Intent for 2018-19 which presents TCA's key areas of focus and work program for the financial year (04 July 2018). More...

Federal Government announces review into Over-sized Truck Permit
The Government announced an independent review into why some heavy vehicle operators are experiencing economic losses and delays in being granted special road access permits (03 July 2018). More...

AHRC: Modern slavery 'hidden in plain sight'
The Federal Government's proposed Modern Slavery Bill 2018 would require mandatory annual reporting by large businesses and organisations on the risks of modern slavery in their supply chains and operations. The Bill would also require the Federal Government to publish an annual statement covering possible modern slavery risks in Commonwealth procurement (03 July 2018). More...

Published – articles, papers, reports

On the Road, Issue 38, 2 July 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.

In practice and courts

Australian Logistic Council Submissions
9 July 2018: Safety Assurance for Automated Driving Systems

NHVR consultation on draft master code
The draft master code addresses the management of speed, fatigue, mass, dimension and loading, and vehicle standards, particularly as it relates to the new Chain of Responsibility amendments commencing on 1 October. Feedback on the draft Master Industry Code of Practice is open until 31 July. To view the draft code and obtain more information or to provide feedback visit here (03 July 2018). More...

NHVR: Heavy vehicle safety hotline
Heavy vehicle drivers and supply chain employees can confidentially report potential safety breaches via a new secure hotline, which will protect the identity of the reporting individual throughout all stages of the process (02 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. The NHVR has information available including CoR Gap Assessment tools, role-specific fact sheets, Safety Management System templates and tools, and videos and podcasts. For more information on CoR visit here. 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...

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...

NTC Submissions

Australian Light Vehicle Standards Rules 2018 - Consultation draft (June 2018)
Comments due 1 August 2018.

Heavy Vehicle (Vehicle Standards) National Regulation - Consultation draft (June 2018)
Comments due 1 August 2018.

NTC Discussion Paper - Mass limits for three-axle buses
Comments due 24 July 2018 .

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. More...

Cases

Tomvald v Toll Transport Pty Ltd [2018] FCA 969
INDUSTRIAL LAW – interlocutory application to strike out pleadings or, alternatively, dismiss the proceedings – whether this proceeding seeks to litigate matters that were or should have been determined in related prior proceeding – whether this proceeding gives rise to res judicata, issue estoppel or abuse of process – where applicant alleges breaches of enterprise agreement and adverse action by employer in substantive proceeding, alleged to be based on facts subsequent in time to determination of prior proceeding – meaning of "like for like" in conversion from casual employment to permanent full-time employment – held: application to strike out pleadings granted in relation to one aspect of claim for seeking to litigate previously determined matter, denied in relation to three remaining aspects of claim. Fair Work Act 2009 (Cth) ss.50, 340, 361, 570.

Bilinga Beach Holdings P/L v Western Downs Regional Council & Anor [2018] QPEC 34
PLANNING AND ENVIRONMENT – APPEAL – applicant appeal against refusal – whether use characterised as Transport terminal – whether a decision to approve would conflict with a planning scheme – weight to be given to new planning scheme.

SafeWork NSW v Cosentino Australia Pty Ltd (No.2) [2018] NSWDC 182
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury.
SENTENCE – objective seriousness – general deterrence – specific deterrence – aggravating factors – mitigating factors – fine – capacity to pay – appropriate penalty.
WORK HEALTH AND SAFETY – safe loading system – employee training.
OTHER – unsafe loading of stone slabs.

Cro Travel Pty Ltd v Australia Capital Financial Management Pty Ltd [2018] NSWCA 153
CONSUMER LAW – misleading or deceptive conduct – whether the appellant contravened s.18(1) of the Australian Consumer Law by issuing sea-carriage documents in respect of goods as agent for certain carriers despite having no authority and whilst other sea-carriage documents issued by carriers as principal in respect of the same goods were also in circulation – whether such conduct caused the respondent loss.
AGENCY – warranty of authority – whether the appellant's breach of warranty of authority caused the respondent loss – whether primary judgment could be supported on the basis that, if the documents had been issued with authority, the respondent would have obtained rights as pledgee.

Roberts v Redpath Haulage Pty Ltd [2018] TASSC 33
APPEAL AND REVIEW – Tasmania – Motion to review – Appeal against sentence – Crown alleged sentence is manifestly inadequate – Magistrate sentenced for breach of the Heavy Vehicle National Law – Magistrate erred in exercise of sentencing discretion – Magistrate failed to take into account relevant considerations – Sentence manifestly inadequate.

Legislation

Commonwealth

Export Control (Animals) Amendment (Approved Export Programs and Other Measures) Order 2018
06/07/2018 - This instrument amends the Export Control (Animals) Order 2004 to set up a scheme for approved export programs. An approved export program is relevantly defined in subsection 9A(2) of the Export Control Act 1982 as a program of activities to be undertaken by an accredited veterinarian or an authorised officer for the purpose of ensuring the health and welfare of eligible live animals in the course of export activities.

Victoria

No. 101 Marine Safety Amendment (Expiry Date) Interim Regulations 2018
Date of Making: 10/07/2018 Commencement: Regs 1-5, 7 on 12/07/2018: reg. 3(1).
Reg. 6 on 11/07/2019: reg. 3(2) Not yet in operation: Reg. 6: on 11/07/2019: reg. 3(2).
Sunset Date: 12/07/2019: reg. 7.

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

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.

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Nathan Cecil
Geoff Farnsworth
Suzy Cairney
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