Australia: Transport, Shipping & Logistics News – 1 August 2018

Last Updated: 2 August 2018
Article by Nathan Cecil, Geoff Farnsworth, Harry Kingsley and Suzy Cairney
Most Read Contributor in Australia, September 2018

In the media

Extend Chain Of Responsibility law coverage: Clark
COR legislation cannot be watered down if it is to be effective, NatRoad CEO says. The problem is that it doesn't cover everyone," he says – citing freight forwarders and livestock transport operators as among his concerns (26 July 2018). More...

Toll wins fatigue monitoring expansion in FWC
Transport Workers Union (TWU) eye damage fears fail to overcome safety and management stance, after Toll wins Fair Work Commission (FWC) approval to expand the use of driver-focused safety technology to other group operations (26 July 2018). More...

Government asks stakeholders to weigh in on heavy vehicle road user charges
Reforms to the way heavy vehicle charges are set are on the agenda for state and federal governments as they look to improve efficiency and productivity (25 July 2018). More...

ALC: IA's Infrastructure Decision-making Principles will build confidence
The Australian Logistics Council (ALC) has enthusiastically welcomed the Infrastructure Decision-making Principles released by Infrastructure Australia (IA) as a vital contribution to enhancing transparency and accountability in decision-making around major infrastructure projects (24 July 2018). More...

Victoria pledges oversize vehicle crackdown
Victoria has pledged to crack down on oversized and overweight vehicles after a company was fined one of the heaviest penalties handed down in recent years. A company was fined $90,000 after allowing a truck to go out 15 tonnes overweight (23 July 2018). More...

TCA consults Hannifey for rest stop advice
Transport Certification Australia (TCA) plans to map of all heavy vehicle rest areas available to telematics developers. The TCA will also work to translate rest area information published by Australia's road and transport agencies into a standardised, open that all technology providers can use (23 July 2018). More...

ALC: Establishment of Freight Victoria a pivotal moment for industry
The Australian Logistics Council (ALC) says the establishment of Freight Victoria as a one-stop-shop for Victoria's freight industry is a significant step forward in delivering the policy and regulatory outcomes that the freight logistics industry needs (20 July 2018). More...

Investigation powers boost under consideration
Authorised officers will have greater powers to investigate possible breaches of the Heavy Vehicle National Law (HVNL) under amendments currently being considered by the Queensland parliament. Authorities will be able to inspect vehicles to seek information relevant to safety duty offences (20 July 2018). More...

Pacific National and Aurizon come under ACCC fire of monopoly allegations
The Australian Competition and Consumer Commission (ACCC) has taken action against freighting companies Pacific National and Aurizon for allegedly breaching competition rules (19 July 2018). More... More...

Dearth of trucking understanding plagues fatigue effort
According to National Transport Commission (NTC) chief executive Paul Retter not enough evidence exists about the cause and impact of fatigue to determine the changes needed in fatigue policy (19 July 2018). More...

The hidden cost in trade: empty container management
The commercial practices of shipping lines and the performance of some empty container parks (ECP) in Sydney are causing significant cost increases in empty container management, according to transport advocacy group Container Transport Alliance Australia (CTAA) (17 July 2018). More...

Published – articles, papers, reports

Infrastructure Decision-making Principles
Infrastructure Australia (IA): 24 July 2018
Offers all governments a way to meaningfully engage with the community about long-term infrastructure plans, and make sure infrastructure investment is targeted towards those projects that address long-term challenges and deliver the greatest possible economic dividend. More...

Victorian Freight Plan: Delivering The Goods
State Government of Victoria: 20 July 2018
The Plan will drive a coordinated approach to delivering the planning, infrastructure and measurement outcomes the industry needs to enhance supply chain efficiency and safety for Victoria's rapidly growing population. More...

Connectivity, Cooperation and Communities Key Themes To Emerge From Parkes
The Inland Rail Conference 2018 jointly presented by the Australian Logistics Council (ALC) and the Australasian Railway Association (ARA) in Parkes, NSW on 18-19 July 2018 has identified the challenges and opportunities presented by this nation-building project (23 July 2018). More...

On the Road, Issue 39, 16 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. More...

In practice and courts

AMSA: Mandatory float-free EPIRBs
From 1 January 2021 it will be mandatory for the following domestic commercial vessels to carry a float-free EPIRB:

  • all fishing, passenger, and non-passenger domestic commercial vessels ( Class 1, 2, and 3) that are:
    • equal to or greater than 12 metres in length and operate beyond 2 nautical miles seaward from land
    • less than 12 metres in length operating in restricted offshore and offshore waters ( B or C waters) and do not have level flotation, and
  • all hire and drive vessels operating in restricted offshore waters ( Class 4C) equal to or greater than 12 metres in length, or less than 12 metres and do not have level flotation. More...

AMSA Updates
Read AMSA update July 2018 edition 2.

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

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 October 1. Feedback on the draft Master Industry Code of Practice was open until July 31. To view the draft code and obtain more information click here. More...

NHVR: Changes to Chain of Responsibility laws confirmed for October 1
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...

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

Legislation

Commonwealth

Heavy Vehicle National Law - Heavy Vehicle Stated Maps – Amendment Notice 2018 (No.3)
Gazette 26/07/2018 - The purpose of this Notice is to amend stated maps for vehicles at the request of road managers. The amendments take effect 28 days after publication

New South Wales

Regulations and other miscellaneous instruments
Rail Safety (Adoption of National Law) Regulation 2018 (2018-396) — published LW 27 July 2018

Queensland

Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018 27/07/2018 105 2018

Transport Operations (Marine Pollution) Regulation 2018 27/07/2018 106 2018

Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018 27/07/2018 107 2018

Victoria

Bills
Owner Drivers and Forestry Contractors Amendment Bill 2018

Statutory Rules made

Rail Safety (Local Operations) (Accreditation and Safety) Regulations 2018
Date of Making: 17/07/2018 Commencement: 20/07/2018: reg. 3 Not yet in operation: Regs 1-52: on 20/07/2018: reg. 3 Sunset Date: 20/07/2019: reg. 52

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2018
Date of Making: 17/07/2018 Commencement: 20/07/2018: reg. 3 Not yet in operation: Regs 1-4: on 20/07/2018: reg. 3 Sunset Date: 17/07/2028

Environment Protection (Ships' Ballast Water) Revocation Regulations 2018
Date of Making: 24/07/2018 Commencement: 24/07/2018 Not yet in operation: N/A Sunset Date: 24/07/2028
The purpose of the regulation is to revoke the Environment Protection (Ships' Ballast Water) Regulations 2017

Victorian legislation is available here.

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