Australia: Transport, Shipping & Logistics News – 29 August 2018

Last Updated: 31 August 2018
Article by Nathan Cecil, Geoff Farnsworth, Harry Kingsley and Suzy Cairney
Most Read Contributor in Australia, September 2018

In the media

Blitz results prompt criticism of managers and supervisors from police
NSW north coast compliance shortfalls revealed after Police and Roads and Maritime Services (RMS) conducted a heavy-vehicle traffic operation there as part of Operation Towards Zero (23 August 2018). More...

Transhipping policy offers greater protection for Great Barrier Reef
The Palaszczuk Government's new transhipping policy will prohibit transhipping within the Great Barrier Reef Marine Park and restrict transhipping operations in the World Heritage Area to areas that are declared ports only. This policy complements the Government's commitments under the Reef 2050 Plan (23 August 2018). More...

ATA Opinion: Independence needed in truck law review
The Heavy Vehicle National Law (HVNL) needs to be pulled apart and redone, apart from the new safety provisions in what will become Chapter 1A of the law (23 August 2018). More...

ALC supports adoption of global data standards
The Australian Logistics Council (ALC) in conjunction with GS1 Australia has announced its endorsement of global data standards (GDS) in a further bid to improve freight visibility and supply chain efficiencies (22 August 2018). More...

Blueprint Prepared for Australia's Hydrogen Trade
Australia has the potential for an economically-sustainable hydrogen industry, according to a blueprint released by national science agency CSIRO. Hydrogen is a clean-burning fuel with a range of uses from powering vehicles to storing energy (22 August 2018). More...

A Broader Safety Platform for Seafarers in Distress
Following the decision to include L-Band connectivity in the International Maritime Organization's Global Maritime Distress System, real progress can be made in the functionality of the satellite-based emergency service seafarers call on in the last resort (22 August 2018). More...

Live export industry 'under cloud' after Emanuel Exports licence cancellation, farmers say
The future of the live sheep trade is under a cloud after the cancellation of the export licence of Emanuel Exports, the Pastoralists and Graziers Association says (22 August 2018). More...

Working with the heavy vehicle industry to improve our freight networks
The heavy-vehicle industry is invited to submit proposals on how best to trial a user-pays system for delivering the road infrastructure needed to improve freight networks (21 August 2018). More...

More help for drought-affected farmers
Direct assistance and concessional loans to aid drought-stricken farmers across the nation will increase to $1.8 billion as part of the next phase of the Government's drought package (19 August 2018). More...

NHVR taken to task on compliance and enforcement consultation
The National Heavy Vehicle Regulator (NHVR) has come in for some harsh criticism over how it is handling industry input into the draft National Compliance and Enforcement Policy (NCEP) (17 August 2018). More...

ATA sees shortfall in Transuban's WestConnex pledges
Transurban's draft undertaking to the ACCC does not address the trucking industry's concerns about the proposed acquisition of WestConnex, according to Australian Trucking Association (ATA) (17 August 2018). More...

There's more to the Port of Newcastle than just containers
A container terminal at Newcastle would justify building a rail freight bypass of Sydney between Newcastle, Badgery's Creek and Port Kembla. This bypass would be paid for by replacing Port Botany's container trucks with Newcastle's container trains. It would enable trains to replace trucks for transporting the bulk of Sydney's regional and interstate freight (17 August 2018). More...

Andrews pledges $4m for truck driver training
Victorian premier Daniel Andrews has pledged $4 million to cover the training of 800 new heavy vehicle drivers in partnership with the Victorian Transport Association (VTA) and others (16 August 2018). More...

Body of work' needed on slavery in supply chains
One in five procurement managers say their organisaiton hasn't taken steps on modern slavery. Experts say the Modern Slavery Act will significantly impact how governments and companies procure goods and services, so why aren't more procurement managers ready (16 August 2018). More...

Green light for new Inland Rail Queensland Community Consultative Committee
The Australian Government welcomes the establishment of a Community Consultative Committee (CCC) for the Kagaru to Acacia Ridge and Bromelton section of the Inland Rail project (15 August 2018). More...

Newell Highway strategy receives $2M boost
The Federal Liberal and Nationals' Government has announced funding of $2 million for the development of a Newell Highway Corridor Strategy (14 August 2018). More...

Aurizon prevented from closing Queensland intermodal business
The Federal Court has ordered that Aurizon must continue operating its Queensland intermodal business while the ACCC's case against Pacific National and Aurizon is heard and determined. The ACCC instituted proceedings against Pacific National and Aurizon, and their related entities (13 August 2018). More...

More hay to be transported per truckload to drought-affected farmers
The NSW Government announces new freight measures to assist drought-affected farmers across the state (13 August 2018). More...

$3.9 Million funding boost for heavy vehicle safety projects
An edu-tech app to help educate learner drivers about sharing roads safely with trucks, Australia's first roadside effluent disposal facility for livestock carriers and a video series promoting 10 top safety tips are among the 14 initiatives to receive funding from the latest round of the NHVR Heavy Vehicle Safety Initiative (10 August 2018). More...

Published – articles, papers, reports

Business case program for location-specific heavy vehicle charging trials: proposal information kit
Department of Infrastructure, Regional Development and Cities (Australia): 21 August 2018
The Business Case Program for Location-Specific Heavy Vehicle Charging Trials has opened and is seeking industry-driven proposals on how best to trial a system designed to fund upgrades to the road freight network and eliminate pinch points. More...

On the Road - On the Road - Issue 41, 13 August 2018 - NHVR newsletter
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

Business Case Program for Location-Specific Heavy Vehicle Charging Trials
This Business Case Program puts stakeholders connected to the heavy vehicle industry at the centre of the infrastructure planning process. A range of stakeholders connected to the road freight sector are eligible to submit a proposal to develop a business case by 21 September 2018. For more information on how to submit a proposal click here (21 August 2018).

NHVR consultation reminder: D3 modification draft code
To allow certification of some common modifications to heavy vehicle rear tyres and rims by Approved Vehicle Examiners (AVEs) rather than requiring approval from the NHVR. The draft D3 modification code and required AVE qualification recommendation were open for feedback until August 25.

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...

AMSA: Mandatory float-free EPIRBs
From 1 January 2021, float-free emergency position indicating radio beacons (EPIRBs) will be mandatory on certain types of domestic commercial vessels. AMSA conducted extensive public consultation about changes to requirements for carrying float-free EPIRBs. As a result we are making changes to the National Standard for Commercial Vessels (NSCV) from 1 January 2019, with a two-year transition period (17 August 2018). More...

ACCC update: About the compulsory Takata airbag recall
The Assistant Minister to the Treasurer, the Hon Michael Sukkar has issued a compulsory recall for all vehicles with defective Takata airbags, following an ACCC safety investigation. Product details are outlined here (August 2018). More...

Cases

Zetta Jet Pte Ltd v The Ship "Dragon Pearl" (No 2) [2018] FCAFC 132
PRACTICE AND PROCEDURE – application for leave to appeal against decision summarily dismissing in rem claim against a vessel – where proceeding dismissed after plaintiffs informed the Court that they could not proceed with case – consideration of principles of res judicata – whether final judgment must be decided "on the merits".
PRACTICE AND PROCEDURE – application for leave to appeal against decision refusing an injunction to prevent the removal or alienation of vessel – claim of urgent provisional relief under UNCITRAL Model Law on Cross-Border Insolvency based on s 588FF of the Corporations Act 2001 (Cth) – consideration of nature of claim under s 588FF – whether sale of ship was an uncommercial transaction – leave to appeal granted – matter remitted for further consideration by primary judge.

Donau Pty Limited v ASC AWD Shipbuilder Pty Limited [2018] NSWSC 1273
CONTRACTS – Construction and interpretation – Parol evidence rule – Prior negotiations – Subsequent conduct.
CONTRACTS – Termination – Election – Where a party's conduct is consistent with both an election to affirm the contract and the reservation of a right to terminate.
CONTRACTS – Construction – Interpretation – Implicit limitation on contractual right that right be exercised within a reasonable time.
CONTRACTS – Termination – Consequences of termination – Whether claim for liquidated damages released by contractual provision.
CONTRACTS – Misleading conduct under statute – Misleading or deceptive conduct – Opinions – Predictions – Whether the impugned conduct was misleading or deceptive – Causation and reliance.
By an Alliance Based Target Incentive Agreement dated 3 October 2007 between the Commonwealth of Australia, the defendant, ASC AWD Shipbuilder Pty Ltd (ASC), a wholly owned subsidiary of ASC Shipbuilding Pty Ltd, and Raytheon Australia Pty Ltd (together, the AWD Alliance), ASC agreed to build for the Commonwealth at least three air warfare destroyer (AWD) ships and Raytheon agreed to design and supply the combat systems for the ships. The ships were designed by Navantia SA, a company based in Spain, under a separate contract.

Khan v Roads and Maritime Services [2018] NSWCATOD 128
PASSENGER TRANSPORT – bus driver authority – fit and proper person – driving record – misleading statement in application – effect under other legislation. Passenger Transport Act 1990 (NSW); Passenger Transport (General) Regulation 2017 (NSW).

Legislation

Commonwealth

Gazetted

Heavy Vehicle National Law - New South Wales Class 3 Drought Assistance Dimension Exemption Notice 2018 (No.1)
13/08/2018 - This Notice is intended is to exempt eligible vehicles from complying with certain dimension requirements when transporting baled or rolled hay to be used as fodder for consumption by livestock in declared drought affected areas in New South Wales. More...

Queensland

Subordinate legislation as made – 17 August 2018

SL No 119 Transport Operations (Passenger Transport) Regulation 2018
Amends Subdivision 2 Fatigue management information – recording and reporting

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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Authors
Nathan Cecil
Geoff Farnsworth
Suzy Cairney
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