In the media

Australia issues its longest Ship ban ever for "Systemic" violations
After one of the longest detentions of a foreign ship in Australian waters, the Australian Maritime Safety Authority (AMSA) issued a 36-month ban from Australia for the Panama-flagged bulk carrier, Maryam due to what it called the "unprecedented" circumstances of the situation (28 May 2021). More...

Australian box ports present serious risk to uninterrupted supply chains
Australian box ports present one of the greatest risks of disruption to Australia's supply chains. Specifically, the events of the last 18 months, including the surge in trade, have demonstrated that our ports just don't have the capability to handle upsets (28 May 2021). More...

Australian supply chain industry resilient on global scale
Australia has ranked 14th of 130 countries for resilience in business and logistics environments in the newly released FM Global Resilience Index. The report breaks down each country into 12 objective measures reflecting economic, risk quality and supply chain solutions (27 May 2021). More...

Aussie families pay more as port charges rise 325 per cent in four years
The average cost of unloading a container from a ship onto a truck on the eastern seaboard has soared more than 300 percent in four years (18 May 2021). More...

Supply chain study: Shipping Australia supports the "strategic fleet"
Shipping Australia thoroughly endorsed the concept of a "strategic fleet" in our submission to the Productivity Commission's Supply Chain Study. Shipping Australia believes that the existing international seaborne fleet is far superior in risk management terms than any national single-point-of-failure fleet (21 May 2021). More...

Pandemic creates 'perfect storm' for supply chain slavery
The research also found that Covid-19 had taken media focus away from the slavery industry. Dow Jones added that complacency about modern slavery posed legal and reputational risks for companies operating in countries like the UK and Australia, where they are required to demonstrate they have made efforts to eliminate slavery from their supply chains (27 May 2021). More...

Port Botany targeted in latest intermodal blitz
Multi-agency intermodal operations have moved to NSW, with high-visibility enforcement at Port Botany checking compliance in and around the port precinct. Truck infringements the main outcome from joint operation (24 May 2021). More...

NTC accelerates on voluntary stevedore impost guidelines
The National Transport Commission (NTC) is making progress on its task to develop voluntary national guidelines for applying stevedore infrastructure and access charges at Australia's container ports (27 May 2021). More...

Report: PBS vehicles in fewer major crashes
A new report reveals that Performance Based Standards (PBS) vehicles are involved in 60 per cent fewer major crashes than conventional vehicles. The joint report - from the NHVR, CILTA and the National Truck Accident Research Centre (NTARC) - looks at the reduced crash rates, fewer kilometres driven and lives saved by using PBS vehicles (28 May 2021). More...

ALC urges Australian governments to adhere to National Freight Movement Protocol
 As Victoria enters a one-week hard lockdown, the Australian Logistics Council has encouraged all Australian governments to follow the Domestic Border Control Freight Movement Protocol. The protocol states that state authorities are required to communicate with regulators and industry in relation to border controls at shared borders (27 May 2021). More...

National Heavy Vehicle Regulator increases safety on Australian Roads with Mobility Service from Motorola Solutions
The National Heavy Vehicle Regulator (NHVR) is experiencing improved safety, increased situational awareness and enhanced productivity for its frontline workers and the heavy vehicle industry thanks to a mobile application partnership with Motorola Solutions' (24 May 2021). More...

Queensland company directors facing charges over truck fatality
The National Heavy Vehicle Regulator (NHVR) has filed primary duty charges against the directors of a Queensland mining company which was operating as a prime contractor of drivers of heavy vehicle combinations (21 May 2021). More...

VicRoads reminds truckies of new Victorian law
VicRoads has issued a reminder to truck drivers in Victoria of the new law that brings the blood-alcohol limit to zero for drivers of heavy vehicles greater than 4.5 tonnes GVM (21 May 2021). More...

Check your route before you start your journey: Conditions of operation database for QLD
All oversize overmass heavy vehicles/combinations travelling on state-controlled roads in Queensland must comply with the Conditions of Operation Database (19 May 2021). More...

New online safety hub launched to help support the Aussie trucking industry
A new online safety hub has been unveiled by Australia's leading transport and logistics specialist insurer, NTI, to support the growth and development of the industry. For more information and to access NTI's new purpose-built online platform, go to The Better Business Hub (19 May 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

NTC consultation
Assessing Fitness to Drive - draft guidelines 2021
The NTC is reviewing Assessing Fitness to Drive (AFTD) in collaboration with Austroads. Submissions will close on 11 June 2021. This draft document has been uploaded for consultation purposes only. More...

NHVR: Kynection EWD approved for use
The NHVR has approved Quallogi by Kynection as a fifth Electronic Work Diary (EWD) option for heavy vehicle drivers official record for heavy vehicle driver work and rest hours from May 25. Any issues with EWDs may be reported to the NHVR by phone or using a website form here. To stay up to date with approved EWDs and their conditions of use, click here (May 2021).

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 has updated its checklists for Manufacturers regarding Identity Plate Approvals and Vehicle Type Approvals to incorporate references to these new documents. HVIA's RVSA Checklist for Manufacturers- IPAs and VTAs. Manufacturers of vehicles are encouraged to read these documents to ensure they are prepared for the implementation of the new legislation which commences on 1 July 2021.

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.

DNMRE safety alerts

ATSB: Applications now open for Graduate Certificate in Transport Safety Investigation
The ATSB 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 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 2021 July intake. More...

SAL: "Standards for Empty Shipping Container Inspection" - updated and freely available now!
Shippers of containerised plant products can now access the updated and freely available "Standards for Empty Shipping Container Inspection" document which gives guidance on export-acceptable shipping containers (21 May 2021). More...

AMSA HF radiotelephone monitoring in Australia
From 1 January 2022, AMSA will provide 24-hour nationwide monitoring of high frequency (HF) radiotelephone distress, urgency and safety communications in Australia. 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 from 1 March 2021 to 31 August 2021. More...

AMSA: Domestic commercial Vvessel (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...

Australian customs notices
2021-18 - New firearm serial number requirements under the Customs (Prohibited Imports) Regulations 1956

DAWE: Import industry advice notices 2021
21 May 2021 100-2021 - Changes to the directions applied for Cargo Compliance Verification (CCV) inspection
26 May 2021 104-2021 - Requirement to notify of COVID-19 cases
19 May 2021 98-2021 - Port of Dampier is now a first point of entry for freight containers

DAWE: Export industry advice notices
28 May 2021 2021-27 Horticulture Exports Program - Application for accreditation of farms and packhouses for the export of avocados to Japan
27 May 2021 2021-26 Authorised Officer Program - New legislation eLearning requirements for Authorised Officers

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.

Cases

Lenoxx Electronics (Australia) Pty Ltd v ADSone Group Pty Ltd [2021] VCC 656
CONTRACTS Contract for sale of goods - Hand sanitiser - Contractual arrangements - Construction of contract - Express terms - Whether delivery of goods effected in China or Australia - Implied terms - Whether seller required to procure documentation necessary for transportation of goods from China to Australia - Business efficacy - General duty of co-operation - Agency - Loss and damage.

Legislation

Commonwealth

Bills

Fuel Security Bill 2021
HR 26/05/2021 - The objects of this Act are the following: (a) to improve security and confidence in Australia's fuel supplies; (b) to support sovereign capability to maintain fuel supplies; (c) to contribute to meeting Australia's obligations under the International Energy Agreement.

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Bill 2021
HR 26/05/2021 - If: (a) a safety case is in force in relation to a facility at any time during a year; and (b) the facility is located, or proposed to be located, in the designated coastal waters of a State or of the Northern Territory; levy is imposed on the safety case in respect of that year.

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; (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.

Queensland

Subordinate legislation as made - 28 May 2021
No 44 Transport Legislation (Fees) Amendment Regulation 2021
Part 6 Amendment of Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018
Part 7 Amendment of Transport Infrastructure (Public Marine Facilities) Regulation 2011
Part 9 Amendment of Transport Operations (Marine Safety) Regulation 2016
Part 12 Amendment of Transport Operations (Road Use Management-Dangerous Goods) Regulation 2018

Victoria

Statutory Rules as made
No 46 Transport Accident (Administration of Charges) Regulations 2021
18 May 2021 - to rescribe the periods and times or intervals for the payment of transport accident charges in relation to motor vehicles of specified classes.

No 49 Dangerous Goods (Storage and Handling) Amendment (Notification) Regulations 2021
25 May 2021 - Notification to Authority, From July 1, 2021, the Dangerous Goods (Storage and Handling) Regulations 2012 will require all duty holders occupying premises with prescribed quantities of dangerous goods to notify WorkSafe at least every two years.

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.