In the media

New WTO report on G20 shows restraint in new pandemic-related trade restrictions
G20 economies have continued to roll back COVID-19-related trade-restrictive measures and demonstrated restraint in the imposition of new ones, but the value of trade covered by pandemic-related restrictions still in place now exceeds that of trade-facilitating measures, according to the latest WTO trade monitoring report on G20 trade measures (29 October 2021). More...

Sea-Intelligence: Two of every three containership is behind schedule
Global port congestion and backlogs continue to play havoc on liner schedules. According to new data from Sea-Intelligence schedule reliability remains at the low end of the range seen in 2021 (28 October 2021). More...

The supply chain crisis... is really a port congestion crisis
The ocean shipping industry is aware that the current market is, for a lot of importers and exporters, profoundly upsetting. It's no secret that there are a lot of problems right now. There are three main reasons why: Ship operating costs have gone through the roof; demand has surged; port congestion has crushed supply (22 October 2021). More...

Australia accelerates gigantic green hydrogen export project
The Australian Government has granted "major project status" to the proposed Asian Renewable Energy Hub, a green electricity-to-hydrogen project in Australia's Pilbara region. The hydrogen would be combined with atmospheric nitrogen to make ammonia, which would be exported for use as a fertilizer and (according to its developers) as a marine fuel (25 October 2021). More...

ATSB: Fishing vessel and bulk carrier collision highlights the importance of a proper lookout
A collision between a bulk carrier and a fishing vessel off Port Adelaide highlights the importance of navigation watchkeepers on vessels utilising all available means to maintain a proper lookout, an Australian Transport Safety Bureau investigation stresses (28 October 2021). More...

Cargotec and Konecranes merger raises preliminary competition concerns
The ACCC has outlined preliminary competition concerns in relation to a proposed merger between container handling equipment companies Cargotec and Konecranes, which supply heavy equipment such as cranes, straddle carriers and reach stackers that move shipping containers to and from ships, trains and trucks (28 October 2021). More...

Don't box us in – industry needs room to move
ALC has long advocated for the preservation of freight corridors and industrial land, resulting in the development and adoption of the national urban freight planning principles. These principles form part of the national freight and supply chain strategy but are not mandatory, and industry regularly finds itself defending use of the very land it uses to service those communities surrounding it (28 October 2021). More...

Company pays for flouting Australia's food import law
A company has been issued an infringement notice for $13,320 for allegedly contravening subsection 9(4) of the Imported Food Control Act 1992 by moving imported food without lawful authority or approval. Food imported into Australia must also meet the requirements in the Country of Origin Food Labelling Information Standard 2016 and relevant biosecurity conditions ( 28 October 2021). More...

Patrick applies to terminate agreement with MUA
Patrick Terminals has lodged an application to the FWC to terminate its pay deal with 1,081 of its wharfies. The national stevedoring company argues the agreement is no longer fit for purpose because of operational restrictions that have limited the ability of Patrick to meet customer requirements at a time of congestion in global supply chains (27 October 2021). More...

CSIRO develops new freight data dashboard
The CSIRO-developed supply chain benchmarking dashboard, provides detailed data and interactive modelling of Australian transport and logistics supply chains. The newly available data capturing Australia's freight and supply chain performance over road and rail will help freight operators, and the businesses they support, to improve their operations and save money (18 October 2021). More...

Australia and New Zealand join forces for maritime success
MIAL and the New Zealand Shipping Federation (NZSF) have signed a historic agreement for MIAL to provide professional maritime advice and expertise to compliment the inhouse capabilities of the NZSF. The new agreement takes that relationship to a new level of engagement at a time where industry faces challenges caused by COVID-19 disruptions (18 October 2021). More...

New notice guarantees PBS access ahead of vehicle builds
A new notice delivered by the NHVR will give eligible Performance-Based Standards vehicles immediate network access when they receive a vehicle approval with a Tier 1 bridge assessment (27 October 2021). More...

NHVR: New PBS access notice provides permit-free travel
A new notice delivered by the NHVR will give eligible Performance-Based Standards vehicles immediate network access when they receive a vehicle approval with a Tier 1 bridge assessment. The National Class 2 Performance Based Standards (Tier 1) Authorisation Notice 2021 applies in South Australia, the Australian Capital Territory, New South Wales, Tasmania and Victoria (27 October 2021). More...

Industry input welcome to safely manage truck driver fatigue
The National Transport Commission welcomes industry stakeholders to an important workshop discussion on the work and rest hours for heavy vehicle drivers across Australia. Further stakeholder workshops on heavy vehicle duties, technology and data, assurance, access and effective fatigue management requirements will also help inform the new law (25 October 2021). More...

Transport operators must take steps to recover COVID compliance costs: VTA
Victorian Transport Association CEO has written to transport operators encouraging them to consider ways to recover the massive cost of compliance that COVID regulations and requirements have cost the freight and logistics industry (22 October 2021). More...

NSW needs to do more to lift rail freight capacity in Greater Sydney
The Australian Logistics Council is calling on the NSW Government to re-double its efforts to boost the freight capacity of Sydney's metropolitan rail network following the release of the NSW Auditor-General's rail freight and Greater Sydney report (22 October 2021). More...

NHVR enforceable undertaking issued for two companies
The NHVR recently accepted two enforceable undertakings from J.J. Richards & Sons Pty Ltd and Brother Nature Pty Ltd valued over $50,000 to correct activities around vehicle mass and loading requirements (21 October 2021). More...

Published – articles, papers, reports

Fishing vessel and bulk carrier collision highlights the importance of a proper lookout
ATSB investigation report: 29 October 2021. Fishing vessel and bulk carrier collided in darkness near the entrance to Port Adelaide Harbour; a proper lookout using all available means was not being maintained on board either vessel; collisions between trading ships and small vessels on the Australian coast continue to be of concern to the ATSB. Click here for more information.

NHVR: Newsletter
Fortnightly newsletter providing important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes. Read On the Road Issue 126 – 20 October 2021. Click here for more information.

Practice and regulation

Public consultation opens on draft report on Bos taurus cattle heat and cold stress during long-haul export by sea
29 October 2021 – public consultation is now open on the Department's draft review of heat and cold stress in Bos taurus cattle from southern Australia during long-haul export by sea. Read more here.

NHVR: New PBS access notice provides permit-free travel
27 October 2021 – this National Class 2 Performance Based Standards (Tier 1) Authorisation Notice 2021 eliminates the requirement of a permit application and allows operators automatic access to approved networks. Operators must ensure they check their vehicle approvals against the conditions of this notice. Links to the notice and operator's guide are as below:
National Class 2 Performance Based Standards (Tier 1) Authorisation Notice 2021 (No.1)
National Class 2 Performance Based Standards (Tier 1) Operator's Guide

NTC discussion paper: Proposed changes to the fatigue management rules under the heavy vehicle national law
The Department will be holding a workshop to discuss the paper which HVIA will attend. The proposal will see the standard hours approach with the existing law replaced with a general schedule. Read more here.

New committee inquiries: Joint Standing Committee on Treaties
EU tariff-rate quotas following withdrawal of UK – European Union (18 October 2021).

HVIA: Department urges early VTA opt-ins
While VTA opt-ins are technically available until 31 December, the Department of Infrastructure is urging vehicle manufacturers to get their opt-in submissions in before 1 December to ensure they are processed in time. Read more here.

Rural and Regional Affairs and Transport Legislation Committee consultations
 Australia's general aviation industry. Reporting date: 30 November 2021.

Legislative amendments to implement the 2022 Harmonized System
The text of the amendments is available below:
Act No. 91: Customs Tariff Amendment (2022 Harmonized System Changes) Act 2021
Act No. 90: Customs Amendment (2022 Harmonized System Changes) Act 2021
The amendments will commence on 1 January 2022. Information relating to the implementation of the 2022 Harmonized System can be found on the Australian Border Force website.

AMSA: Help shape regulations for lifejackets on domestic commercial vessels
We are?currently?exploring practical options?to increase lifejacket wear?on certain domestic commercial vessels and have now put together three possible options for lifejacket wear to increase safety. We are now asking for industry feedback to ensure the final regulations are relevant and practical. Feedback closes on 17 December 2021. Read more here.

AMSA: Final consultation on near coastal qualifications
Tell us what you think about the draft marine order 505 (certificates of competency) and supporting guidelines. The draft marine order contains a range of changes, some of which are a result of feedback industry provided during the 2019 consultation. This final consultation closes on 14 November 2021. Learn more and have your say.

AMSA HF radiotelephone monitoring in Australia
From 1 January 2022, AMSA will provide 24-hour nationwide monitoring of high frequency radiotelephone distress, urgency and safety communications in Australia. Read more here.

AMSA: Domestic commercial vessel safety alert
If you are currently operating under an exemption that expires on 30 June 2020, it has now been automatically extended for five 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. Read more here.

DAWE import industry advice notices
21 October 2021 – 227–2021: Approval of new recognised offshore cleaning and pre-inspection provider facility in Japan for used vehicles and associated parts for export to Australia
20 October 2021 – 226–2021: Proposed enhanced class 1.2 approved arrangement conditions for handling live animals – invitation for feedback
19 October 2021 – 225–2021: Import document assessment delays

Reminder
 Australian Customs Notice No. 2021–25
The commencement of the Plastic Rules on 1 July 2021 (phase two begins on 1 July 2022) ensures that Australia will only export waste plastic that has been processed and meets certain requirements. Exporters of these materials will need a licence to export by the required regulation date. Rules for tyres will come into effect on 1 December 2021; and paper and cardboard on 1 July 2024.

IFCBAA: New recycling and waste laws
Rules for plastics will come into effect on 1 July 2021 (stage one) and 1 July 2022 (stage two); 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 can be found here.

Cases

Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 8) [2021] FCA 1291
REPRESENTATIVE PROCEEDINGS – consideration of pre-judgment interest – answers to common questions reserved for determination Federal Court of Australia Act 1976 (Cth) section 51A.

Alstom Transport Australia Pty Ltd and Comptroller-General of Customs [2021] AATA 3816
CUSTOMS – tariff concession order – whether the core criteria were met on the day the TCO application was lodged – whether substitutable goods were produced in Australia in the ordinary course of business – to what use or uses are the TCO goods described in the application put or can they be put – no relevant substitutable goods found to exist – decision under review set aside and remitted.
Customs Act 1901 (Cth) sections 269C, 269D, 269E, 269F, 269FA, 269H, 269HA, 269P, 269SJ.

Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 4) [2021] FCA 1219
DAMAGES – consideration of a claim under section 236(1) of the Australian Consumer Law (ACL), Schedule 2 to the Competition and Consumer Act 2010 (Cth) – consideration of the principles to be applied in determining whether a claimant has suffered loss "because of the conduct of another person" in circumstances where the conduct contravenes sections 18 and 29 of the ACL – consideration of loss suffered by a third person as a result of a representation made by the respondents to entities other than the applicant.
COMPETITION – consideration of the legislative norms in sections 18, 29 and 236(1) of the ACL – consideration of a claim for the recovery by action of a loss said to have been suffered "because of the conduct of another person" in circumstances where the conduct contravenes sections 18 and 29 of the ACL.

Linnane (Department of Planning and Environment) v Peak Gold Mines Pty Ltd [2021] NSWDC 565
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of worker.
SENTENCING – objective seriousness – deterrence – aggravating factors – mitigating factors – penalty.
SENTENCING PRINCIPLES – no record of previous convictions – good prospects of rehabilitation – remorse – plea of guilty – assistance to law enforcement authorities.
Crimes (Sentencing Procedure) Act 1999.
The risk assessment conducted at the meeting identified control measures to manage risks to health and safety. These control measures included reducing the number of heavy vehicles operating below the 9080 level, increasing the operating capacity of the other percy fan.

Legislation

Commonwealth

Acts – 28 October 2021
Customs Tariff Amendment (Regional Comprehensive Economic Partnership Agreement Implementation) Act 2021 Act No. 113 of 2021 as made
Customs Amendment (Regional Comprehensive Economic Partnership Agreement Implementation) Act 2021 Act No. 112 of 2021 as made

Bills

Customs Amendment (Regional Comprehensive Economic Partnership Agreement Implementation) Bill 2021
Assent Act No. 112. Year: 2021. 25 Oct 2021.
Introduced with the Customs Tariff Amendment (Regional Comprehensive Economic Partnership Agreement Implementation) Bill 2021 to implement Australia's obligations under the regional comprehensive economic partnership agreement, the bill amends the Customs Act 1901 to: Implement rules of origin to determine goods eligible for preferential tariff treatment in accordance with the agreement; enable regulations to prescribe certain record keeping obligations on exporters and producers of eligible goods to a party to the agreement for which a preferential rate of customs duty is claimed; and enable an authorised officer to disclose certain information.

Customs Tariff Amendment (Regional Comprehensive Economic Partnership Agreement Implementation) Bill 2021
Assent Act No. 113. Year: 2021. 25 Oct 2021.
Introduced with the Customs Amendment (Regional Comprehensive Economic Partnership Agreement Implementation) Bill 2021 to implement Australia's obligations under the regional comprehensive economic partnership agreement, the bill amends the Customs Tariff Act 1995 to: Provide a free rate of customs duty for goods that are regional comprehensive economic partnership (RCEP) originating goods; specify the phasing rates of customs duty for certain RCEP originating goods that will incrementally reduce to free; maintain rates of customs duty on certain goods; and make amendments contingent on the commencement of the Customs Tariff Amendment (2022 Harmonized System Changes) Act 2021.

Regulations

Recycling and Waste Reduction (Export–Waste Tyres) Rules 2021
29/10/2021 – this instrument regulates the export of waste tyres from Australia and implements the commitment of all Australian Governments by setting out the requirements which must be met for the export of waste tyres. These requirements include that the exporter has a waste tyres export licence and makes an export declaration for each consignment of regulated waste tyres that are to be exported.

Recycling and Waste Reduction (Product Stewardship–Televisions and Computers) Amendment (Imported Products) Rules 2021
22/10/2021 – this instrument amends the Recycling and Waste Reduction (Product Stewardship–Televisions and Computers) Rules 2021 to reinsert a requirement that any changes to import declarations by liable parties under the National Television and Computer Recycling Scheme must be made by 31 October of the next financial year, to be considered in determining the liable parties liability under the scheme.

Gazetted 27 October 2021
National Class 2 Performance Based Standards (Tier 1) Authorisation Notice 2021 (No.1)
This notice authorises access to specified networks by eligible performance based standards vehicles that hold a vehicle approval to operate that meet the requirements of tier 1 general access or restricted access under part A4 of the Standards and Vehicle Assessment Rules, and that comply with the other conditions of this notice.

Gazetted 26 October 2021
Heavy Vehicle National Law Amendment to National Heavy Vehicle Accreditation Scheme 2021 (No.1)
The amendments consist of COVID-19 related measures relating to the remote conduct of audits by NHVAS third party auditors. The minor amendments that are the subject of this instrument are made pursuant to the following provisions of chapter 12 of the HVNL: Section 654 – responsible Minister's powers to approve or amend a scheme; and section 655A – delegation by responsible Ministers.

NSW

Bills assented to
Road Transport Legislation Amendment Act 2021 No 22 – assented to 20 October 2021

Queensland

Subordinate legislation as made – 22 October 2021
No 157 Transport Legislation Amendment Regulation (No. 2) 2021
Part 3 Amendment of Transport Operations (Marine Safety) Regulation 2016 – amendment of scheme 3 (compulsory pilotage areas)
Part 6 Amendment of Transport Operations (Road Use Management–Vehicle Standards and Safety) 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.