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.