In the media
Suez Canal blockage to cause lasting construction delays
and owner-contractor disputes
The nautical jam has and will continue to delay all
aspects of the construction supply chain from traditional
construction materials, to heavy equipment and oil supplies.
Substantial project delays will soon follow – especially on
the largest of industrial projects (07 April 2021).
More...
ASMA: New national guidelines for complex maritime
emergencies
Complex maritime emergencies are a persistent threat to
the global maritime environment, and those who work on and by the
sea (16 April 2021).
More...
ASMA: Update on the review of domestic commercial vessel
seafarer certificates
Industry's strong response during consultation on
Australian near coastal seafarer certification provided valuable
feedback on the proposed changes to make seafarer certification
easier to understand and apply (13 April 2021).
More...
COVID outbreak on iron ore carrier highlights threat to
maritime supply chains
The Maritime Union of Australia said the Federal
Government needed to take urgent steps to improve crew change
arrangements, implement testing arrangements for all seafarers on
international vessels, and ensure seafarers had priority access to
COVID vaccines (16 April 2021).
More...
Manila crews 'unavoidable' as WA exporters
forced to navigate COVID waters alone
Iron ore exporters keeping the nation's economy afloat
have no choice but to use crews from the Philippines as coronavirus
restrictions make it near impossible to change over staff on West
Australian soil (15 April 2021).
More...
CTAA: Empty container congestion still a concern
Shipping lines serving Australia have responded to the
call for higher levels of empty container evacuations to relieve
empty container congestion.While these efforts are acknowledged,
the continued surge in import volumes means that surplus empties
are still a real cause for concern and added cost in the landside
logistics sector (15 April 2021).
More...
Stevedore landside infrastructure & access fees -
Vulnerable supply chains
An important summary compiled by Paul Zalai, Director of
Freight & Trade Alliance (FTA), raises concerns about the
continued advocacy to State and Federal Governments on the impact
of rising stevedore landside infrastructure & access fees (14
April 2021).
More...
Port of Townsville signs green hydrogen MoU with Origin
Energy
Clean, green, hydrogen as an Australian export commodity
took one step closer to reality this week when Origin Energy signed
an MoU with Port of Townsville, a Shipping Australia member, for an
export-scale liquid hydrogen project (16 April 2021).
More...
Port of Newcastle joins Shipping Australia
Shipping Australia is delighted to welcome Port of
Newcastle as our newest member! Port of Newcastle has been
operating for more than 220 years and is the largest port on
Australia's East Coast. The port's direct and flow-on
contribution to Australia's gross domestic product is almost
$1.5 billion and it also underpins almost 9,000 full-time
equivalent jobs nationally (17 April 2021).
More...
Fire-Damaged Antarctic Resupply Vessel Docks in
Fremantle
Australia's Antarctic resupply ship reached Fremantle
a week after a fire disabled one of the vessel's two engine
rooms. The Australian authorities announced that they would be
conducting a full investigation into the fire. The Dutch vessel was
operating on charter to Australia after the previous vessel used
for supply missions was retired after 30 years of service (13 April
2021).
More...
Senate inquiry into road transport industry moves to
Melbourne
Melbourne will host the latest hearings of the
Senate's Rural Regional Affairs Transport (RRAT) References
Committee next week. One of the key items on the agenda is a focus
on the importance of an enforceable minimum award rate and
sustainable standards and conditions for all stakeholders in the
road transport industry (16 April 2021).
More...
NSW in 'farm gate' heavy vehicle access
initiative
A new heavy vehicle access initiative in NSW aims to cut
permit red tape for operators and farmers across local road
networks. Farm Gate Access Network (FGAN) streamlines end-to-end
transport access from farm gate to market in six pilot areas across
the state (16 April 2021).
More...
Heavy vehicle health check to kick off in May
The National Heavy Vehicle Regulator (NHVR) is urging
heavy vehicle operators to use their Daily Safety Checklist, ahead
of the second major health check of Australia's heavy vehicle
fleet (13 April 2021).
More...
More can be done to fix NSW local roads
New South Wales roads are set to see an upgrade with an
additional $150 million of funding from the Australian and NSW
Governments going towards Round 2 of the Fixing Local Roads
Program. These upgrades will be used to repair, patch, maintain and
seal local roads (12 April 2021).
More...
Rego hike proposal for older trucks blasted by ATA
Governments must immediately reject an outrageous proposal
to increase truck registration charges by up to 220 per cent, CEO
of the Australian Trucking Association, Andrew McKellar. The
proposal is in a research report developed by Austroads, the peak
organisation of state and territory road transport agencies (12
April 2021).
More...
Options for managing the impacts of aged heavy
vehicles
Austroads has published a research report which analyses
the impacts of an aging heavy vehicle fleet and explores measures
that have been used to manage this challenge in Australasia and
internationally (09 April 2021).
More...
PBS Delays Hurting Industry
HVIA has issued an urgent and passionate plea to the
National Heavy Vehicle Industry Regulator (NHVR) to solve the
Performance Based Standards (PBS) approvals crisis. Vehicle
standards related functions like PBS are under-resourced across all
levels of Government but the PBS situation is out of control (13
April 2021). More...
Geelong acid spill driver cops massive penalty
A truck driver who drove away from a spill of sulphuric
acid in Geelong has been fined $50,000 and ordered to pay nearly
$95,000 for the clean up, as well as thousands in court costs (09
April 2021).
More...
ATA calls for zero emission truck buying incentive
As the Australian Trucking Association (ATA) releases its
submission to the Australian Government's Future Fuels
Strategy, it is calling for the implementation of a temporary zero
emission truck purchase incentive (09 April 2021).
More...
Transport boss convicted of speed limiter
tampering
The owner of a South Australian transport company has been
prosecuted by the National Heavy Vehicle Regulator (NHVR) for
possessing speed limiter tampering equipment. NHVR Executive
Director of Statutory Compliance Ray Hassall said speed limiter
tampering was a serious offence (07 April 2021)
More...
Published – articles, papers, reports
Options for managing the impacts of aged heavy
vehicles
AUSTROADS AP-R637-21 8 April 2021
This report investigates policy options for reducing the harmful
effects of the oldest trucks operating on Australian and New
Zealand roads.
More...
ATSB Latest Investigations
Engine room fire on board MPV Everest, 550 NM north-east of Mawson
Station, Australian Antarctic Territory, 5 April 2021 - new
investigation
At about 1417 AEST, a fire was reported in the port engine room of
MPV Everest while it was en route from Mawson Station in the
Australian Antarctic Territory to Hobart, Tasmania with 109 crew
and expedition staff on board.
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
ASMA February incident report
7 April 2021 - The February incident report has been
published. A total of 80 domestic commercial vessel incidents were
reported to AMSA during February 2020. Of these, 21 were serious
and 1 very serious.
More....
AMSA Current Marine Notice 2021/01 Focused inspection
campaign—livestock ships - Port State control
This marine notice provides information to ship owners,
operators and masters about the Focused Inspection Campaign (FIC)
on livestock ships which will run until to 31 August
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...
Port of Melbourne Stakeholder and Industry Consultation
2021
Throughout April and May 2021, we are consulting with port
users and other industry stakeholders to provide an update on key
issues, port activities and stakeholder interests. Some of these
topics include our investment program, trade information, tariff
update and preferred ways of communicating. Please refer
here for further information and on how to participate . More...
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...
DAWE Import Industry advice notices
08 April 2021
56-2021 - Amendments to Human Health and Coronavirus (COVID-19)
questions for the Maritime Arrivals Reporting System (MARS)
08 April 2021
57-2021 - Port of Brisbane first point of entry determination
amended
DAWE Export Industry advice notices
15 April 2021 2021-13
Congestion Busting Program – Plant Exports Management System
updates
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.
ALC Submissions
Future of Fuels Discussion Paper – April 2021
AIS: TLI Naval Shipbuilding (NSB) Integrated Logistics
Support
13 April 2021 - The Transport and Logistics Training
Package (Release 9.0) has been endorsed by Skills Ministers for
implementation.
More...
IFAM Extension of the International Freight Assistance
Mechanism to September 2021
Extension to the International Freight Assistance
Mechanism (IFAM) to ensure commercially viable access to market for
Australian exporters of perishable commodities to the end of
September 2021. For more information about the extension, please
refer to the
IFAM webpage and latest
fact sheet.
Productivity Commission: Vulnerable Supply Chain
Review
An interim report was publicly released on 26 March 2021.
The Commission has developed a framework to identify supply chains
that are vulnerable to disruption, and applied it to Australian
imports. Participants are invited to examine the report and comment
on it by written submission by Friday 30 April 2021. More...
NHVR Consultation: draft Heavy Vehicle Safety Strategy
2021-2025
The draft strategy sets out the NHVR's strategic
ambitions to improve heavy vehicle safety outcomes and contribute
to a reduction in the number of crashes, fatalities and serious
injuries involving heavy vehicles. The strategy, which was
developed to align with the Federal Government's draft National
Road Safety Strategy 2021-2030, is open for feedback until 30 April
2021.To view the strategy and make a submission here
HVIA: Implementation team lined up to address RVSA
The Department of Infrastructure has released two new
guidance documents the
Guide to Vehicle Type Approval Opt-in Arrangements and the
Guide to Vehicle Type Approvals.
HVIA: RVSA Checklists
HVIA has prepared guidance material in preparation for the
introduction of the Road Vehicle Standards Act (RVSA) on 1 July
2021. The guidance material consists of three checklists for
members intended to assist the following:
Component Suppliers – SARN and CRN holders,
Manufacturers – holders of IPAs and VTAs and
Manufacturers – a checklist covering the transition to the
RAV
NTC Consultation: ADG Code Maintenance Project 2021-
UPDATE 1
Publication date 09 April 2021; Comments due 21 May
2021
Australian Dangerous Goods Code (ADGCode) maintenance project -
Transport of Dangerous Goods by Road & Rail (ADG 7.7) against
the United Nations (UN) Model Recommendations(UN21). More...
Rural and Regional Affairs and Transport References
Committee
Importance of a viable, safe, sustainable and efficient road
transport industry
Status: Submissions closed Date Referred: 11 September 2019 On 5
February 2021, the Senate granted a further extension of time to
report until 23 June 2021.
Resources are available to assist operators transition to the
new fatigue rules, including our
Plain English Guide for fatigue management and our
Fatigue transition policy that provides information for
operators on how to meet transition timeframes and comply with the
new rules.
Cases
Perry and Go Marine Group Pty Ltd
(Compensation) [2021] AATA
830
COMPENSATION – osteoarthritis – aggravation of
osteoarthritis – condition contributed to by employment
– material degree test – pre-existing condition –
obesity – decision affirmed
In 1995 the Applicant was employed by ASP Ship Management and was
working on the boat "CSL Innovator" which transported
sugar from Australia to Indonesia
Energy Global Logistics Pty Ltd v Zigga Zagga
(Australia) Pty Ltd [2021] NSWSC
348
COSTS – Party/Party – Costs orders in
interlocutory proceedings – Costs in the cause – Bases
of quantification – Indemnity basis – Timing –
Costs payable forthwith
Plaintiff (international freight forwarder and customs agency )
commenced proceedings against the first defendant, Brandinc
Australia, that required the transportation and shipping of branded
merchandise from time to time, seeking liquidated damages based on
unpaid invoices
Noble Resources International Pte Ltd v Gloucester Coal
Ltd & Anor [2021] NSWSC
346
Further disclosure of documents ordered PRACTICE AND
PROCEDURE – disclosure of documents – whether plaintiff
should make further disclosure of documents. Under the Agreement,
Export Coal was defined to include:
"Coal exported from the Port of Newcastle by ship during the
Term by any third party using infrastructure facilities (but
excluding any infrastructure facilities up to (and including)
loading of coal into trucks or trains for export) provided, made
available, vacated or foregone by ... a member of the Gloucester
Group
Wiggins
Island Coal Export Terminal Pty Limited v Civil Mining &
Construction Pty Ltd [2021] QCA
75
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – INTERLOCUTORY PROCEEDINGS –
COSTS RESERVED – OTHER MATTERS – where the
appellant's appeal was dismissed with costs – where the
respondent had applied to strike out the appeal, arguing that it
was an appeal only in relation to costs, brought without leave
– where the applicant had applied to the trial judge for a
declaration that leave to appeal was not required, or, in the
alternative, for leave to appeal – where the question of
whether leave was required was not determined on either application
– where the costs of both of those applications were reserved
– where the appellant contends that no order should be made
in relation to the reserved costs – where the respondent
submits that costs should follow the event – whether any
order should be made concerning the reserved costs of the two
applications
Comptroller-General
of Customs v Inchcape Shipping Services Pty Limited
[2021] QCA 61
APPEAL AND NEW TRIAL – APPEAL – GENERAL
PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES –
OTHER CASES – where the applicant prosecuted the respondent,
a shipping agent, in the Magistrates Court for 132 offences under
the Customs Act 1901 (Cth) – where the applicant applies for
leave to appeal against the decision of the primary judge
dismissing the applicant's appeal from the Magistrates Court
– where the applicant relies upon three arguments for the
contention that the primary judge erred in deciding that liability
under s 236 of the Customs Act had not been established against the
respondent – where the applicant argues under s 236 the
respondent could be concerned in the commission of an offence
against the Customs Act even if a "mistake of fact
defence" may be available to the master under s 9.2 of the
Commonwealth Criminal Code – where the applicant argues that
the applicant did not bear a legal burden of disproving in each
case that the master was acting under such a mistake of fact
– where the applicant argues that it was not open to the
primary judge to infer that the master of each of the seven vessels
mistakenly and reasonably believed that the respondent would submit
the relevant reports in accordance with the Customs Act –
where the respondent opposed the grant of leave to appeal upon the
basis that the order by the primary judge dismissing the appeals
was in any event correct, because the primary judge erred in
deciding that the reference in s 236 to a person concerned in the
commission of any offence did not require proof of intention
– whether leave to appeal should be granted in these
circumstances
TAXES AND DUTIES – PENAL PROVISIONS UNDER CUSTOMS LEGISLATION
– OFFENCES – AIDERS AND ABETTORS – where the
applicant prosecuted the respondent, a shipping agent, in the
Magistrates Court for 132 offences under the Customs Act 1901 (Cth)
– where the offences were in relation to seven ships'
operators failures to make reports to the Department by the
specified time, on various dates between 2014 and 2017, as required
by ss 64, 64ACB and 64ACA – where the masters were not
prosecuted – where the masters had retained the respondent as
the shipping agent for the purpose of complying with the reporting
obligations of the masters – where each ship's master had
provided the necessary reports to the respondent in time for the
respondent to attend to compliance with the master's statutory
obligations – where the applicant alleged that the respondent
was deemed to have committed the offences actually committed by the
ships' masters by s 236 of the Customs Act – where the
magistrate found the respondent not guilty of each charge –
where the applicant appealed to the District Court – where
the primary judge dismissed the appeal – where the primary
judge held that the second
Success Logistics Australia Pty Ltd v Fortune Imports
Pty Ltd (Civil Claims) [2021] VCAT
281
Importation of children's toys, delayed release of
shipment, fees claimed for storage and transport, terms of
contract, breach of contract, damages, mitigation, counter claim
for delivery of goods, interlocutory injunction granted,
undertaking as to damages.
NATIONAL HEAVY VEHICLE REGULATOR v OBST; NATIONAL HEAVY
VEHICLE REGULATOR v TURNBULL [2021] SASC
37
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL
TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE -
OTHER MATTERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE -
GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR
INADEQUATE
The respondents were separately charged with contravening section
250(1)(a) of the Heavy Vehicle National Law by driving a
fatigue-regulated heavy vehicle operating under standard hours for
more than 12 hours
R v Singh [2021] VSC
182
CRIMINAL LAW – Culpable driving causing death
– Plea of guilty – Death of four police officers on
duty – Driving large heavy vehicle – Fatigued and under
the influence of a drug of dependence.
Legislation
Commonwealth
Act Compilation – 15 April 2021
Inspector-General
of Live Animal Exports Act 2019
Act No. 81 of 2019 as amended
Export
Charges (Imposition—General) Act
2015
Act No. 95 of 2015 as amended
Customs
Act 1901
Act No. 6 of 1901 as amended
Regulation
Customs
Amendment (Product Specific Rule Modernisation) Regulations
2021
06/04/2021 - This instrument amends several Regulations
prescribing product specific rules of origin for the
Australia-United States Free Trade Agreement, Thailand-Australia
Free Trade Agreement, Australia-New Zealand Closer Economic
Relations Agreement, Australia-Chile Free Trade Agreement,
Malaysia-Australia Free Trade Agreement and Korea-Australia Free
Trade Agreement.
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
Bills
Marine Pollution Amendment (Review) Bill 2021
Assent date: 26/03/2021 (2021 No 8)
The objects of this Bill are to amend the Marine Pollution Act 2012
(the Act) to— (a) address recommendations of the 2019
statutory review of the Marine Pollution Act 2012,and (b) 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
(MARPOL),
Note: Schedules 1.1[6], [65]–[69] and [92] and 2.5[2]
commence on a day or days to be appointed by proclamation
Bills introduced Government – 26 March 2021
Heavy Vehicle Legislation Amendment (National Regulator) Bill 2021
Queensland
Subordinate legislation as made – reminder
No 23
Transport Legislation Amendment Regulation 2021
Part 4, division 2 commences on 1 April 2021.
Victoria
Acts
No 41
Transport Legislation Amendment Act 2020 (Vic)
Date of commencement: 7 April 2021
Section 5, 7, sections 32(1), 32(3), 32(4), 33, 34, 38 to 42, 45,
49, 50 of this Act came into operation on 1 April 2021 (SG152
30.03.2021) Act Number: 41/2020
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.