In the media
LR response to GMF comments on regional regulation in
shipping
Lloyd's Register is aware that there have been calls
for greater regional regulation of the global shipping industry at
this year's virtual Global Maritime Forum event. Lloyd's
Register is committed to working with all industry players to halve
GHG emissions from 2008 levels by 2050. To do this, zero-carbon
vessels must enter to world fleet by 2030 (17 October 2020).
More...
Stowaway and other breaches uncovered in Operation
Sierra Angle
Industry's mostly staunch resolve throughout the
COVID-19 pandemic has been tested this week as a Queensland heavy
vehicle blitz on the NSW border uncovers one stowaway from Victoria
and nearly 50 other offences from 184 intercepts (16 October 2020).
More...
Container ship marooned off Sydney as authorities
scramble for a protocol
Since early February, Port Authority NSW has required
mandatory health reporting by all ships arriving at NSW ports. This
is a sensible approach to help protect their crucial and limited
maritime workforce. But there is no protocol on what to do if a
ship reports a sick crew member (16 October 2020). More...
Surcharges spiral out of control despite wharfies
returning to work
Major international shipping lines are maintaining a
'Port Botany Congestion Surcharge' ranging from USD 285 to
350 per twenty foot equivalent unit despite resumption of full
operations and statements this week from all three stevedore
executives suggesting successful finalisation of enterprise
agreements (15 October 2020). More...
Dual-Fuel ME-GI Engines to power Newcastlemax
Bulkers
Eastern Pacific Shipping has sealed an agreement to
charter the five LNG dual-fuel Newcastlemaxes to Australian mining
giant, BHP, for a period of five years. The vessels are scheduled
for delivery during 2022 and will carry iron ore between Western
Australia and China (14 October 2020). More...
International shipping urges EU to address ship
emissions via IMO
Global shipping industry bodies have expressed worries
about the plan of the European Union to include the maritime sector
in its Emissions Trading System (14 October 2020). More...
Concerns in Australia over COVID-19 incidents as bulk
carrier sails
Australia authorities reported that the Mitsui O.S.K.
Lines bulk carrier Vega Dream has been permitted to sail from its
anchorage off Port Hedland despite crew members being in isolation
aboard the vessel after testing positive for COVID-19. The vessel
is believed to be sailing to the Philippines (14 October 2020).
More...
MOL bulk carrier latest to test positive for COVID-19 in
Australia
For the second time in weeks, health authorities in
Western Australia are dealing with an outbreak of the coronavirus
aboard bulkers calling at Port Hedland in Northwest Australia. The
port plays a vital role in Australia's ore industry (12 October
2020). More...
NSW heavy vehicle average speed camera program
expands
The NSW Road Safety Plan 2021's pledge to "expand
the heavy vehicle average speed camera program to metropolitan
areas to address risks associated with greater truck
movements" is gaining more traction (12 October 2020).
More...
Global consumer goods CEOs warn of supply chain
disruption; interruption "could push companies and countries
over the edge"
Major global manufacturers and retailers of essential
consumer goods, including food and hygiene products, have warned
that anti-COVID restrictions in the maritime industry are
"creating [a] huge disruption to global supply chains (08
October 2020). More...
NHVR welcomes release of Productivity Commission final
report
The NHVR has welcomed the final report from the Australian
Productivity Commission into National Regulatory Reform, including
the heavy vehicle industry. The report highlighted the significant
reform of safety and productivity across the heavy vehicle industry
since the introduction of the Heavy Vehicle National Law in 2013
(08 October 2020). More...
NHVR investigation enters business premises in
Queensland and Victoria
Officers from the National Heavy Vehicle Regulator have
this week entered multiple business premises in Queensland and
Victoria using powers under the Heavy Vehicle National Law
(HVNL). The entries were a result of concerns
around road safety and compliance with safety duties under the HVNL
(08 October 2020). More...
Budget 2020: Industry thumbs up on financial
support
Fleet Owner Associations hail write-offs, training and
freight infrastructure initiatives (08 October 2020). More...
NTI welcomes HVSI funding for safety culture
initiative
Heavy truck and transport insurer NTI is looking to press
ahead with its Driving a National Culture of Safety initiative
after being named amongst the National Heavy Vehicle
Regulator's 2020 Heavy Vehicle Safety Initiative grant
recipients (06 October 2020). More...
Published - articles, papers, reports
Container Trade Statistics - August 2020
CTS Australasia Oceania Import Export Volume: 14 October
2020.
Container Trade Statistics supplied by: CMA CGM, COSCO Shipping,
Emirates Shipping line, Evergreen, Gold Star Line, Hapag Lloyd,
HMM, Ignazio Messina & Co, MSC, Nile Dutch, OOCL, Yang Ming,
and ZIM. More...
DFAT - Portfolio Budget Statements 2020-21
October 13, 2020.
DFAT - 2020-21 Budget - Protecting Australia's National
Interests and Trade Relations.
October 7, 2020 - As part of our Economic Recovery Plan for
Australia, the 2020-21 Budget continues the Government's
commitment to delivering for all Australians and advancing
Australia's national interests in response to the health and
economic crisis created by COVID-19.
Media release: 2020-21 Budget - Protecting Australia's
National Interests and Trade Relations. More...
NHVR: Newsletter
Fortnightly newsletter providing important
information on the heavy vehicle industry, including the latest
NHVR news and events, relevant law and policy changes. More...
Practice and Regulation
Rural and Regional Affairs and Transport Legislation
committee
Status: Accepting Submissions Date Referred: 08 October
2020 Submissions Close: 18 October 2020.
Reporting Date: 04 November 2020. More...
WTO new edition of Trade Profiles publication (issued 08
October 2020)
Trade Profiles 2020 provides a series of key indicators on
merchandise trade and trade in commercial services for 197
economies. For merchandise trade, major exports and imports are
listed for both agricultural and non-agricultural products. For
trade in services, a detailed breakdown is provided for transport.
More...
ATSB: Applications now open for Graduate Certificate in
Transport Safety Investigation
The Australian Transport Safety Bureau and RMIT University
recently established a strategic partnership to teach how to manage
and lead accident investigations of aviation, rail and marine
vehicles. Applications for the November intake of the Graduate
Certificate in Transport Safety Investigation are now open. Find
out more on the RMIT website, including how to apply directly for the 2020
November intake. More...
HVNL review consultation regulation impact statement
2020
Comments now due 09 November 2020.
The consultation regulation impact statement includes over 40
reform options to improve the HVNL. More...
NTC Reminder: Australian Code for the Transport of
Dangerous Goods by Road and Rail (Edition 7.7)
The Code can be used from 1 October 2020 and is compulsory from 1
October 2021. Until then, either the Code edition 7.6 or
the Code edition 7.7 can be used. The Code is
an important technical resource to help Australia's transport
and logistics industry to operate safely when carrying dangerous
goods. More...
NTC Discussion Paper - A national in-service safety law
for automated vehicles
16 October 2020 - We are developing and assessing options
to assure the safe operation of automated vehicles while they are
in service. The NTC will accept submissions until 11 December 2020.
More...
AMSA marine notices
2020/09 STCW seafarer certificates and certificates of
medical fitness-further arrangements for COVID-19 -
Certification.
The purpose of this marine notice is to
advise flag States, port States, vessel
owners, operators, masters and crews that the Australian
Maritime Safety Authority has taken steps to allow the holders
of: Seafarer certificates; and certificates of medical fitness; to
continue to perform duties even if the certificate expires
during the period between 26 March 2020 and 31 January 2021.
More...
AMSA extension National Law certificates of
competency
We have extended existing exemptions to provide seafarers
and operators with continuity and certainty.
All National Law exemptions have been extended until 30 June 2025.
More...
Some AMSA issued certificate of competency will be
extended further
We have extended the duration of some certificates of
competency that expire in the period between 26 March 2020 and 31
January 2021. To support seafarers during the COVID-19 time of
uncertainty, we have taken steps to allow holders of National Law
certificates of competency and first aid certificates to continue
to perform their duties even if their certificate expires (21
September 2020). More...
AMSA: Domestic commercial vessel safety alert
If you are currently operating under an exemption that
expires on the 30 June 2020, it has now been automatically extended
for 5 years, until 30 June 2025. This 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. More...
AWA: MAA 2020-23: China: Dairy: Testing of imported cold
chain food for novel coronavirus (SARS-CoV-2) nucleic acid
28 September 2020 - This Market Access Advice provides
information on China's implementation of sanctions on
manufacturers of cold chain food (e.g. frozen or chilled dairy
products) in the event of a positive detection of novel coronavirus
(SARS-CoV-2) on imported products or packaging. This was notified
through the World Trade Organization on 21 September 2020. More...
AWA: Exposure Draft Export Control Rules 2020
consultation
The department has commenced public consultation on seven
of the commodity specific Exposure Draft Export Control Rules 2020
(draft rules). Deputy Secretary Agricultural Trade Group, David
Hazlehurst, said the consultation was another opportunity for our
export industries and trading partners to provide further input
into the draft rules. The new legislative framework will commence
on 28 March 2021. More...
DAWE export advisory notices
2020-20 Publication of Approved Forms for Reporting under
ASEL 3.0 12 October 2020.
2020-19 Publication of Alternative Minimum Pen Space
Allocation Policy under ASEL 3.0 9 October 2020.
DAWE: Regulatory practice statement: Consultation
The Statement is intended to be a vital document that will
steer our regulatory improvements. It will underpin the 10
regulatory systems that we administer. We will publish the
statement in early 2021. Submit your feedback by 30 October 2020.
More...
Cases
Full Joy Foods Pty Ltd v Australian
Dairy Park Pty Ltd [2020] VSC 672
ARBITRATION - Application to set aside domestic award -
Commercial Arbitration Act 2011 ss 34(2)(a)(ii) and 34(2)(b)(ii) -
Whether applicant was 'unable to present its case' because
arbitrator made award on basis of claims and evidence not pleaded
or argued - Whether award should be set aside on 'public
policy' ground - Procedural fairness - Natural justice
- TCL Air Conditioner (Zhongshan) Co Ltd v Castel
Electronics Pty Ltd [2014] FCAFC 83; (2014) 232 FCR 361
applied - Applicant afforded reasonable opportunity to present its
case - Award not contrary to public policy - Proceeding dismissed.
Consignment from Melbourne to Tianjin Port - Before consignment
left, respondent had the product tested and obtained the necessary
documentation for export - Tests showed the product to be compliant
with Chinese import controls and, in particular, the standard that
prohibited the presence, at any level, of the bacteria enterobacter
sakazakii.
Motor Yacht Sales Australia Pty Limited
v Megisti Yacht Charters Limited (No 2) [2020] FCA
1459
PRACTICE AND PROCEDURE - non-party costs order - whether
director of companies giving instructions to pursue litigation did
so in own interests - whether non-party is connected with
unsuccessful respondent companies - whether notwithstanding being
respondents the companies were the moving parties - whether just
and equitable to make non-party costs order SHIPPING AND NAVIGATION
- whether person who lodges a caveat for a caveator can be liable
to pay compensation under s 47E of the Shipping Registration Act
1981 (Cth) - whether without reasonable cause - alternative basis
for claim - not necessary to decide.
Bhagwan Marine Pty Ltd v The Ship
"Teras Bandicoot" (No 2) [2020] FCA
1481
ADMIRALTY - judicial sale of ship - application for
valuation and sale of arrested ship pendente lite - where
application is unopposed - where owner of ship does not intend to
file a defence - where ship is not crewed and in dead-ship status -
Application granted.
Bates v R [2020] NSWCCA
259
CRIMINAL LAW - sentence - appeal - offences of dangerous
driving occasioning death and dangerous driving occasioning
grievous bodily harm - where applicant was driving a B-double
vehicle along a motorway - applicant took eyes off the road in
order to retrieve a drink and removed both hands from the wheel -
vehicle suddenly left the northbound carriageway, crossed a wide
median strip and entered the southbound carriageway where it
collided with another vehicle killing the passenger and severely
injuring the driver - two drivers behind forced to take evasive
action and collided with the trailer of the applicant's
truck after it had come to rest - where sentencing judge found
that this was not a case of momentary inattention - whether this
was a "typical" case of the kind identified in R
v Whyte - whether aggregate sentence of 4 years and 6
months' imprisonment with a non-parole period of 3 years'
imprisonment was manifestly excessive - serious offending - not a
typical case attracting the strict application of the guideline -
level of notional accumulation justified having regard to the
injuries sustained to the driver - finding of manifest excess not
supported by reference to sentencing outcomes in other cases -
leave to appeal granted - appeal dismissed.
Legislation
Commonwealth
Regulations
Vehicle Standard (Australian Design Rule -
Definitions and Vehicle Categories) 2005 Amendment
10
08/10/2020 - This instrument amends the Vehicle Standard
(Australian Design Rule - Definitions and Vehicle Categories) 2005
to implement a number of new and revised definitions to support the
ongoing implementation of the Australian Design Rules
(ADRs), including a new ADR 61/03, under the Road
Vehicle Standards Act 2018.
Vehicle Standard (Australian Design Rule
61/02 - Vehicle Marking) 2005 Amendment
3
08/10/2020 - This instrument amends the Vehicle Standard
(Australian Design Rule 61/02 - Vehicle Marking) 2005 to make minor
updates and allow for a transition between the Australian Design
Rule 61/02 and the later version ADR 61/03.
Gazetted
Heavy vehicle National Law - New South
Wales Class 3 Livestock Transportation Exemption Notice 2020
(No.1)
08/10/2020 - This Notice revokes and replaces the New
South Wales Class 3 Livestock Transportation Exemption Notice 2019
(No.1). This Notice is made under section 117 of the Heavy Vehicle
National Law. This notice commences on 8 October 2020.
NSW
Regulations and other miscellaneous instruments
Road Amendment (Miscellaneous) Rule
2020 (2020-616) - published LW 16 October 2020.
Bills introduced
Government - 16 October 2020
Marine Pollution Amendment (Review) Bill
2020
Bill to, among other things, ensure consistency between the Act,
the Protection of the Sea (Prevention of Pollution from Ships) Act
1983 of the Commonwealth and the International Convention for the
Prevention of Pollution from Ships.
Road Transport Legislation Amendment Bill 2020
Bills passed by both Houses of Parliament
Road Transport Amendment (Digital Licensing) Bill 2020
Queensland
Subordinate legislation
Transport Legislation (COVID-19 Emergency
Response) Regulation (No 2) 2020 (Qld) This Regulation is
made under the COVID-19 Emergency Response Act 2020, Rail Safety
National Law (Queensland) Act 2017, Transport Infrastructure Act
1994, Transport Operations (Marine Safety) Act 1994. The policy
objectives of the Regulation are to provide financial relief to
commercial operators in state-managed boat harbours and provide a
framework that will enable exemptions from requirements about
certain marine authorities. The Regulation will also extend the
expiry of a transitional regulation that preserves certain
Queensland-specific definitions under national rail safety
legislation. Note: This regulation expires
on 31 December 2020.
Victoria
Statutory Rules
Port Management (Port of Melbourne Safety and Property)
Regulations 2020
S.R. No.108/2020 18/10/2020: reg. 3 SG (No. 505) 6/10/2020
p. 1
Road Safety (Drivers), (General) and (Vehicles) Interim
Amendment Regulations 2020
S.R. No.105/2020 04/10/2020: reg. 3 SG (No. 495) 29/9/2020
p. 1
Transport (Compliance and Miscellaneous) (Infringements)
Amendment Regulations 2020
S.R. No.109/2020 18/10/2020: reg. 3 SG (No. 505) 6/10/2020
p. 1
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.