In the media
Fortescue CEO says iron ore market to remain robust for
some time
The global iron ore market is likely to remain robust for
some time, given supply concerns and stronger-than-usual demand
from top consumer China. Ongoing supply issues were also likely to
keep prices underpinned given COVID-19-related disruptions at
Brazil's Vale, and the potential for further weather-related
port stoppages amid the northern Australian cyclone season (20
February 2021).
More...
Productivity Commission review into Australia's
supply chain stability
The Productivity Commission will undertake an independent
review into supply chain vulnerabilities and risks as part of
it's commitment to ensuring the Australian economy is prepared
for possible supply chain disruptions. Australia's supply
chains proved resilient in response to the COVID-19 pandemic, but
the experience with COVID-19 has highlighted Australia's
potential vulnerability to global supply chain disruption (19
February 2021).
More...
Australia – meeting the demands of global vessel
size growth
There has been a lot of discussion in Australia recently
regarding the future of ports and, specifically, the future of
vessel size in Australia and the capacity of ports to cater for
that growth. "There is no doubt that the size of vessels
deployed to Australia has changed significantly in recent times (19
February 2021).
More...
Global port box throughput comes off-the-boil
New analysis from globally-known shipping analyst Drewry
has shown the world port container throughput, and the Oceania
region throughput, have both declined slightly from an all time
high (19 February 2021).
More...
WTO - Goods Barometer signals strong trade rebound but
momentum may be short lived
World merchandise trade volume growth remained strong in
the fourth quarter of 2020 after trade rebounded in the third
quarter from a deep COVID-19 induced slump; however, the pace of
expansion in the fourth quarter is unlikely to be sustained in the
first half of 2021 since key leading indicators appear to have
already peaked, according to the WTO's latest Goods Trade
Barometer of 18 February 2021 (19 February 2021). More...
Australia aims for re-election to International Maritime
Organization Council
Australia will seek re-election to the International
Maritime Organization's (IMO) Council for the 2022-23 biennium
to secure its voice at the world's premier maritime forum (19
February 2021).
More...
Maersk's carbon neutral ship poses procurement
challenge
Shipping company A.P. Moller-Maersk has set itself a major
procurement challenge by bringing forward plans to develop its
first carbon neutral vessel (17 February 2021).
More...
WCO - Publication of Joint WCO-ICAO Guiding Principles
and Guidelines to enhance Air Cargo Security and Trade
Facilitation
The World Customs Organization (WCO) and International
Civil Aviation Organization (ICAO) released their Joint WCO-ICAO
Guiding Principles for Pre-Loading Advance Cargo Information and
Joint WCO-ICAO Guidelines on Alignment of the Customs Authorized
Economic Operator and Aviation Security Regulated Agent/Known
Consignor Programmes (18 February 2021). More...
CTAA - Patrick Terminals' Landside Fee Increases - 1
March 2021
Patrick Terminals unilaterally announced annual increases
to its landside terminal fees & charges for implementation from
1 March 2021. The proposed new charges can be downloaded from the
Patrick website here . More...
Tough new laws for hirers and freight brokers: Fines up
to $16,522
Amended regulations come into play in Victoria from March
1 that make hirers and freight brokers responsible for keeping
records to help prove they are meeting their obligations when
dealing with contractors (16 February 2021).
More...
Freight Victoria embarks on container management
probe
State government body Freight Victoria is to look into
empty container management capacity and supply chain issues in
Melbourne. Road haulage body Container Transport Alliance Australia
(CTAA) welcomes the move (17 February 2021).
More...
New road freight guidelines in ASEAN
The Association of South-East Asian Nations (ASEAN) Member
States have established new COVID-19 response and recovery
guidelines for road freight transport caused by the pandemic. ASEAN
has approved guidelines to support the response and recovery of
road freight transport among its Member States in the context of
the pandemic (18 February 2021).
More...
Appeal finds truck driver injury payout
miscalculations
Calculations in original discretionary judgment seen as
'unreasonable'. Peebles, then 32 years old, became
'permanently incapacitated' 2014 while driving for Kurtz
Transport, due primarily to company negligence in providing a truck
with a defective seat (18 February 2021).
More...
NHVAS regulation changes in the offing: NHVR
With some small sense of normality returning to the roads
in most states, the National Heavy Vehicle Regulator
(NHVR) revised Business Rules and Standards for
the National Heavy Vehicle Accreditation Scheme
(NHVAS) are set to come into effect on Monday (17
February 2021).
More...
Revised NHVAS Business Rules and Standards to take
effect from 22 February
Chief Regulatory Standards and Policy Officer Don Hogben
said the 2019 meeting of the Transport Infrastructure Council
endorsed changes to the scheme's Business Rules and Standards
to further align with Safety Management System principles
and provide clarity for common scheme misinterpretations (17
February 2021).
More...
Proposed national operating standard absurd and
misleading
The Australian Trucking Association has attacked the
Australian Logistics Council's proposed National Operating
Standard, stating the proposal is unclear as to how it could be
applied, and the estimated costings are completely absurd and
misleading (15 February 2021).
More...
Published – articles, papers, reports
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
AIS Transport TLI Supply Chain Operations - Certificates
I and IV
Consultation: The Certificate IV in
Materiel logistics, including 19 associated Units of Competency and
five Skill Sets, has been identified to be reviewed mid-year to
ensure that there is comprehensive consultation with the Defence
industry. Please submit your feedback by, 8 March 2021.
More...
AIS MAR Maritime Operations Linesperson: Training
package development and consultation
The TAC has revised one qualification and seven Units of
Competency to address the appropriate skills and knowledge required
to work with highly automated line equipment and safely perform
mooring and unmooring operations. Please submit your feedback by
Monday, 22 February 2021.
More...
Draft future fuels strategy
The Government's draft strategy is built around three
central principles: addressing barriers to the roll out of new
vehicle technologies; investment in early-stage infrastructure to
stimulate the market and private sector and improving access to
information to help people make informed choices. Comments on the
discussion paper are open until 2 April 2021.
More...
HVIA: Infrastructure updates on ROVER and RVSA
The Department of Infrastructure has added functionality
to the Component Type Approval sections of the Road Vehicle
Regulation (ROVER) system to allow users to
vary, suspend or revoke their approvals. They have also updated
the guide to
component type approvals on their website to reflect these
changes. They have also updated the provisions related to
trailers less than 4.5 tonnes and developed a diagram
explaining the approval pathways for entrance into the
Register of Approved Vehicles (RAV) (27 January 2021).
HVIA: Transitioning PBS to the NHVR Portal
The NHVR are moving all regulator services and functions
into a common platform – providing one location for regulator
service delivery. The first phase of digitising PBS enables all
applications to be submitted through the Portal by using either
online forms or a spreadsheet submission tool (03 February 2021).
More...
HVIA Consultation Reminder: Euro VI emissions
systems
The Department of Infrastructure has just released
consultation papers on Vehicle Emissions which looks at the
introduction of Euro VI emissions systems. The consultation papers
can be viewed at the
Ministerial Forum on Vehicle Emissions page and comments on
these papers will be open until 26 February 2021.
NHVR: Updates to Vehicle Standards Guide 2
The NHVR has updated Vehicle Standards Guide 2 to outline
some changes to the Heavy Vehicle National Law and Regulations that
will come into effect from 22 February. For further details the
Vehicle Standards Guide 2 may be accessed
here.
Revised National Heavy Vehicle Accreditation Scheme
(NHVAS) Business Rules and Standards
Key changes have been made to more closely align NHVAS
with safety management systems to better assist customers meet
their requirements under the Chain of Responsibility laws. The
changes will be effective for new participants from 22 February
2021. More details on the revised Rules and Standards, as well as
the Notice of Final Rule Making, are available here.
Consultation on Light and Heavy Vehicle Emission
Standards for Cleaner Air
The department has released two draft Regulation Impact
Statements considering the case for mandating more stringent
noxious emission standards in Australia. Close date: 26 February
2021.
More...
AMSA Current Marine Notices
Focused inspection campaign—float-free
EPIRBs
We will undertake a focused inspection campaign
(FIC) on float-free EPIRB requirements on domestic
commercial vessels over the period 1 February to 30 April 2021.
More...
AMSA Watertight and weathertight integrity on domestic
commercial vessels
Watertight and weathertight integrity is the standard
found in part C: design and construction and section C2: watertight
and weathertight integrity, of the National Standard for Commercial
Vessels (NSCV). Make a submission Have your say
from 18 January 2021 to 28 March 2021.
More...
AMSA: Domestic Commercial Vessel (DCV) 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...
DAWE Export Industry Advice Notices
17 February 2021-02 -
Budget Impact on Export Cost Recovery Implementation
Statements
This Industry Advice Notice (IAN) is to notify industry that export
cost recovery implementation statements (CRIS) for
2020–21 have been published on the department's website
and CRIS for 2021-22 will be released for public consultation
shortly.
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).. The new legislative framework will commence on 28
March 2021.
More...
IFCBAA: New recycling and waste laws
From 1 January 2021 exporters will no longer be able to
send unprocessed waste glass overseas. Rules for waste plastics,
tyres and paper will be phased in over time. Rules for plastics
will come into effect on 1 July 2021 (stage 1) and 1 July 2022
(stage 2); tyres on 1 December 2021; and paper on 1 July 2024.
Exporters of these materials will need a licence to export by the
required date. Information on transitioning to the regulation be
found
here.
SAL: 2021 Submissions
February 2021 - SAL21005 - Shipping Australia Limited
Submission on Port of Melbourne's Tariff Rebalancing
Application.
More...
Cases
Technology Swiss Pty Ltd v AAI Limited trading as Vero
Insurance [2021] FCA
95
INSURANCE – subrogation and recoupment –
indemnity principle – where insurer accepted liability to
indemnify but disputed quantification of loss – where parties
settled by way of deed of release and payment of settlement sum
– where parties to deed did not identify what part of the sum
was paid by way of indemnity – where insured later recovered
damages from third party – whether insurer entitled to
recoupment – whether any part of settlement sum was mutually
intended to represent payment by way of indemnity under the
policy
INSURANCE – subrogation and recoupment – where goods
were under insured and insured was deemed to be acting as own
insurer in respect of uninsured balance – where insurer
partially indemnified insured – where insured recovered
damages from third party – distribution of recovered monies
– application of Marine Insurance Act 1909 (Cth) s 87
Technology Swiss and Vero contract of marine insurance - combined
cargo policy – damaged goods during voyage The cause of the
loss was said to be the movement of the goods in transit,
presumably inadequate stowage
Dodd & Dodd Group Pty Ltd and Minister for the
Environment [2021] AATA
215
HAZARDOUS WASTE – refusal to grant special permit
under Hazardous Waste (Regulation of Exports and Imports) Act 1989
(Cth) – Australia's obligations under Basel Convention
– export of used lead acid batteries – export to
Republic of Korea – recycling and reclamation of metals and
metal compounds – whether hazardous waste could be disposed
of safely and efficiently in Australia – whether disposal
consistent with environmentally sound management of waste –
commercial impact consideration weighed – Tribunal exercises
discretion under reg 16(4) to refuse to grant export permit –
reviewable decision affirmed
Creak v Roads & Maritime Services; McKinley v Roads
& Maritime Services [2021] NSWSC
97
Appeal pursuant to Crimes (Appeal and Review) Act 2001
– application for leave to appeal against costs order made in
Local Court – whether jurisdictional error/error on the face
of the record so as to attract s 69 of the Supreme Court Act 1970
– whether error in determining which party successful in
Local Court proceedings – no error demonstrated – order
for costs neither unreasonable nor plainly unjust – leave to
appeal refused.
Inspections – examiners (categories for light and heavy w
vehicles – brake tests
Casenote: Cartel case
On just about any view, this was an extremely serious
offence against Australia's laws which prohibit cartel conduct.
The task for the Court is to impose an appropriate sentence for
that serious offence. Since WWO is a corporation, that sentence
must be a fine, there effectively being no alternatives.
Commonwealth Director of Public Prosecutions v Wallenius
Wilhelmsen Ocean AS [2021] FCA
52
CRIMINAL LAW – sentencing – cartel conduct
– giving effect to a cartel provision – where offender
is a corporation – where offender pleaded guilty –
rolled up offence – appropriate pecuniary penalty –
where offender provided bulk shipping services of "roll on,
roll off" cargo to Australia
Royal Caribbean Cruises Ltd v Reed [2021] FCA
51
PRACTICE AND PROCEDURE – application to serve
originating process on a person in a foreign country pursuant to r
10.43(2) of the Federal Court Rules 2011 (Cth) – whether the
Court has jurisdiction by reason of the claim arising out of an
agreement that relates to the carriage of persons by a ship within
the meaning of s 4(3)(f) of the Admiralty Act 1988 (Cth) –
whether the requirement that the proceeding is of a kind mentioned
in r 10.42 is satisfied – whether a prima facie case for
relief is made out – leave granted
Admiralty Act 1988 (Cth) ss 4(1), 4(3)(f), 9(1); Federal Court
Rules 2011 (Cth) rr 10.42, 10.43
Legislation
Commonwealth
Acts assented
Assented on 16 February 2021 to the undermentioned Acts
passed by the Senate and the House of Representatives in the
Parliament assembled, viz.: No. 4 of 2021—An Act to amend the
Customs Act 1901, and for related purposes. (Customs Amendment
(Product Specific Rule Modernisation) Act 2021)
Bills
Customs Tariff Amendment (Incorporation of Proposals and
Other Measures) Bill 2020
Finally passed both Houses 18 Feb 2021
Amends the Customs Tariff Act 1995 to: provide for a free rate of
customs duty for certain medical and hygiene products between 1
February 2020 and 31 December 2020; remove the $12 000 special
customs duty on used and second-hand motor vehicles that are
Peruvian originating goods or that are Trans-Pacific Partnership
originating goods; separately identify specifically formulated
caffeinated beverages, formulated supplementary sports foods and
formulated supplementary foods; specifically identify vitamins and
food supplements; provide that wheelie bins do not fall within the
classification of vehicles; provide that plates, rods, angles,
shapes, sections, tubes, pipes and the like requiring further
modification prior to being used cannot be classified as parts; and
repeal redundant provisions specifying phasing rates of customs
duty under certain free trade agreements.
Transport Security Amendment (Serious Crime) Bill
2020
Senate: Second reading debate 18 Feb 2021
Amends the Aviation Transport Security Act 2004 and Maritime
Transport and Offshore Facilities Security Act 2003 to: prevent the
use of aviation and maritime transport or offshore facilities in
connection with serious crime; establish a regulatory framework to
implement harmonised eligibility criteria for the aviation security
identification card (ASIC) and maritime security identification
card (MSIC) schemes; clarify and align the legislative basis for
undertaking security checking of ASIC and MSIC applicants and
holders; provide for regulations to prescribe penalties for
offences; and insert an additional severability provision to
provide guidance to a court as to Parliament's intention.
Gazetted 16 February 2021
Heavy
Vehicle National Law - Approval of Business Rules for Heavy Vehicle
Fatigue, Maintenance and Mass Management Notice 2021
(No.1)
The Business Rules and Standards are published in the document
titled: Business Rules and Standards;
Maintenance Management Accreditation; Mass Management
Accreditation; Fatigue Management Accreditation
November 2020 Version 3.0
The Business Rules and Standards pursuant to 2) commence on 22
February 2021.
Gazetted: reminder
Notice
of Intention to Propose Customs Tariff Alterations - Notice (No. 3)
2020
At the end of Schedule 4 Insert: 57B. Goods, as prescribed
by by-law, if:
(a) the goods are medical products or hygiene products; and
(b) the goods are capable of use in combating the novel coronavirus
that causes the disease known as COVID-19; and (c) the time for
working out the rate of duty on the goods is in the period
beginning on 1 January 2021 and ending at the end of 30 June 2021.
The alteration operates from 1 January 2021.
NSW
Regulations and other miscellaneous instruments
Heavy Vehicle National Legislation Amendment Regulation 2021
(2021-42) — published LW 12 February 2021
Bills introduced – Government – 12 February
2021
Road Transport Legislation Amendment (Drink and Drug Driving
Offence) Bill 2021
Queensland
Subordinate legislation as made – 12 February
2021
No 9
Heavy Vehicle National Legislation Amendment Regulation
2021
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.