In the media
Australia-Germany to support hydrogen supply chain
projects
The future of hydrogen exports in Australia will get a
boost from international collaboration between Australia and
Germany as the Morrison Government continues to accelerate the
development of Australia's future hydrogen industry (23
November 2021).
More...
New laws to support offshore electricity
infrastructure
Parliament has endorsed a package of new laws which will
support the development of Australia's offshore energy industry
and deliver new jobs and investment in offshore windfarms and
transmission projects. Importantly, this framework enables the
development of these new energy projects while safeguarding the
environment, securing the health and safety of workers and
protecting other maritime stakeholders (25 November 2021).
More...
"I can't see any positives": Return of
cruise ships may bring a storm of protest to regional Australian
ports
Post-COVID cruising industry wants picturesque towns on
its itineraries, while locals fear the pollution and damage the
ships can bring (21 November 2021).
More...
Pulse Australia sees big crop coming in solid
market
Harvest of another bumper Australian winter pulse crop is
well under way, and is meeting solid demand despite ongoing issues
with containerised freight. Despite a strong harvest locally,
getting product to export customers in the current environment is
expensive, difficult, and risky (26 November 2021).
More...
Big retailers named and shamed over living wage
Anti-poverty group Oxfam says some of Australia's
largest retailers are still failing to walk the talk when it comes
to exploitation in their global supply chains, with some failing to
ensure workers are paid a living wage (25 November 2021).
More...
CTAA renews container detention fee call
Container Transport Alliance Australia is again calling
out the use of container detention charges in the midst of
peak-season port congestion. Import availability delays are adding
to the land-side cost burden (25 November 2021).
More...
In-water cleaning standards must align with
international standards
Shipping Australia has filed a submission with the
Department of Agriculture, Water and the Environment in relation to
its consultation on in-water hull cleaning standards. The ocean
shipping is a global industry and therefore needs standardised
global regulations to operate (17 November 2021).
More...
"Tough cop on the beat": Anti-slavery
commissioner to investigate unethical practices
An independent anti-slavery commissioner will be created
in NSW to crack down on any unethical government supply chain
practices after landmark modern slavery laws passed the state
Parliament. After more than three years of delay, the new laws will
come into effect in 2022 (19 November 2021).
More...
NSW Ports CEO says squeeze on industrial land affecting
freight
A report undertaken by urban growth specialists Astrolabe
and commissioned by Sydney Ports, found the city's freight and
logistics system is fragmented and complicated and there's s
dire shortage of industrial land in Sydney's east (23 November
2021).
More...
Port of Townsville signs MoU for hydrogen export
project
The Port of Townsville and Edify Energy have signed a
Memorandum of Understanding to work together to advance Edify's
project to export renewable hydrogen out of the port (26 November
2021).
More...
NSW announces review of PBLIS and the Ports &
Maritime Act
A comprehensive review of the Ports and Maritime
Administration Act (1995; NSW) and the Port Botany Landside
Improvement Strategy has been announced by the NSW State
Government. The review will tackle inefficiencies and support NSW
industry and jobs. For more information on the review click
here (17 November 2021).
More...
Australian Standards for the Export of Livestock
update
An updated version of the Australian Standards for the
Export of Livestock, ASEL 3.2, is now available on the
department's website. The ASEL sets the requirements for
exporting livestock from Australia by sea (18 November 2021).
More...
$5.6m on offer for vehicle safety grants
$5.6 million in grants is open to both community and
industry groups as part of the Heavy Vehicle Safety Initiative. The
$5.6 million pool is open to both community and industry groups as
part of Round 7 of the Heavy Vehicle Safety Initiative. The Federal
Government had so far allocated around $33.6 million through the
HVSI (26 November 2021).
More...
NatRoad demands unfair contracts bill
The National Road Transport Association has called on
Federal Parliament to urgently consider reforming unfair contracts
to protect small businesses (25 November 2021).
More...
Coronial report recommends tougher health screenings for
truckies
Tougher health screenings for truckies, incentives for
autonomous emergency braking and fatigue sensor systems in trucks.
Those are the three main recommendations for the industry from the
final coronial report into the tragic death of four-year-old Blake
Corney in 2018 (24 November 2021).
More...
Packing and securing loads a safety issue with risks and
responsibilities
Regulatory advice to a range of parties on safe shipping
container packing has just been released by the National Heavy
Vehicle Regulator. The national regulator highlights the parties
most responsible under Chain of Responsibility aspects of the Heavy
Vehicle National Law if a badly packed container causes an incident
(18 November 2021).
More...
New signage proposed to divert over height vehicles
approaching tunnels
A recently completed project has recommended changes to
the Austroads Guide to Road Tunnels Part 2: Planning, Design and
Commissioning to rationalise road signs on the approaches to
tunnels, to divert over-height and dangerous goods vehicles
approaching tunnel entrances. View the Network
signage for over height vehicles approaching road tunnels (16
November 2021).
More...
Work-related fatalities in 2020 report released
Safe Work Australia has published the Work-related
Traumatic Injury Fatalities Australia 2020 report. The report
details that over two-thirds of worker fatalities occurred in the
following industries: Transport, postal and warehousing (49
fatalities). The most common causes of worker fatalities were:
Vehicle collisions (41%) (17 November 2021).
More...
Broad national training reform effort empowering
industries agreed
The Transport and Logistics Training Package (Release
10.0) has been endorsed by the nation's skills and training
ministers for implementation, VET 4 T&L has highlighted (24
November 2021).
More...
New VicRoads team add speed to support
VicRoads' Incident Response Service has been expanded
with new officers and special purpose vans, deployed in key
hotspots in the western, eastern and south-eastern suburbs of
Melbourne, where newly installed technology is helping dedicated
engineers identify congestion and incidents (18 November 2021).
More...
Published – articles, papers, reports
Austroads Annual Report 2020–21
AP-C20-21 18 November 2021.
The annual report provides a detailed review of Austroads'
progress against its strategic plan. At a glance, in 2020–21
Austroads: Invested $11.2 million in research and projects managed
101 projects, completing 39 during the year. Click
here to read more.
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 128 – 17 November 2021. Read more here.
Practice and regulation
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. Click
here for more information.
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. Click
here for more information.
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 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. Click
here for more information.
NHVR: Regulatory advice
17 November 2021 –
managing the risks of transporting freight in shipping
containers. Identifying and managing the safety risks of
transporting freight in shipping containers by road.
NHVR: $5.6 million for heavy vehicle safety grants
Applications are now open for Round 7 of the Heavy Vehicle
Safety Initiative, giving community and industry groups the chance
to share in this record funding pool. This funding will support
initiatives that increase safety awareness, education and
compliance across the sector. Applications for Round 7 funding are
open until 14 February 2022. Projects must be implemented during
the 2022–23 financial year and be completed within two years
of commencement. For more information click here (26 November
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. Click here
for more information.
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
here.
AWE Australian Standards for the Export of Livestock
update
An updated version of the Australian Standards for the
Export of Livestock, ASEL 3.2, is now available on the
department's website. The ASEL sets the requirements for
exporting livestock from Australia by sea and air. The standards
outline the minimum animal health and welfare conditions exporters
must meet. Click
here for more information.
AWE: Export by sea
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. Consultation
from 29 October to 26 November 2021. Read more
here.
AWE: Have your say on export amendments
We want to modernise our export regulation, making it
easier for exporters to comply, while protecting Australia's
reputation as a world leader in trade and continuing to comply with
importing country requirements. Public
consultation is now open on proposed amendments to the Export
Control Rules 2021. Consultation closes on 30
November 2021.
Have your say on export amendments.
AWE Export Advisory Notices
18 November 2021–22: The 2021 update of the Australian Standards for the Export of Livestock (ASEL 3.2) has been published.
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 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
Inquest into the death of Blake Andrew
Corney [2021] ACTCD
6
CORONIAL LAW – cause and manner of death –
matter of public safety – death caused by culpable driving
– licencing requirements for heavy vehicle drivers –
medical assessment and reporting of fitness to drive –
collision-avoidance technology in heavy vehicles –
recommendations.
Coroners Act 1997 (ACT); Motor Vehicles Standards Act 1989 (Cth);
Road Transport (Driver Licensing) Regulation 2000 (ACT); Road
Vehicles Standards Act 2018 (Cth).
DP World (Fremantle) Limited T/A DP World (Fremantle)
Ltd v Construction, Forestry, Maritime, Mining and Energy
Union [2021] FWC
6444
Fair Work Act 2009 section 418 – industrial
action.
[3] DP World operates a container stevedoring terminal at the Port
of Fremantle.
Legislation
Commonwealth
Regulations
Customs
(Prohibited Imports) Amendment (Commercial Importation of Kava as
Food) Regulations 2021
26/11/2021 – this instrument amends the Customs
(Prohibited Imports) Regulations 1956 to establish the permission
framework to commercially import kava as a food product.
Industrial
Chemicals (General) Legislation Amendment (2021 Measures No. 1)
Rules 2021
22/11/2021 – this instrument amends the Industrial
Chemicals (General) Rules 2019 and the Industrial Chemicals
(Consequential Amendments and Transitional Provisions) Rules 2019
to clarify the operation of the Australian Industrial Chemicals
Introduction Scheme within existing policy. Part 8 – movement
of industrial chemicals into or out of Australia.
Bills
Offshore Electricity Infrastructure Bill
2021
Finally passed both Houses 25/11/2021 – introduced
with the Offshore Electricity Infrastructure (Regulatory Levies)
Bill 2021 to facilitate and regulate the development of electricity
infrastructure in Commonwealth waters, the bill: Prohibits offshore
renewable energy infrastructure and offshore electricity
transmission infrastructure in the Commonwealth offshore area
without a licence; provides for the minister to declare specified
areas suitable for offshore infrastructure activities and to grant
licences allowing proponents to undertake offshore infrastructure
activities in specified areas; provides for safety and protection
zones to protect offshore electricity infrastructure; establishes
the Offshore Infrastructure Registrar to administer the licensing
scheme, establishes the Offshore Infrastructure Registrar to
administer the licensing scheme, including maintaining a register
of licences and managing the licence application process;
identifies the National Offshore Petroleum Safety and Environmental
Management Authority as the Offshore Infrastructure Regulator with
work health and safety, environmental management, infrastructure
integrity and regulatory functions; provides for directions,
compliance and enforcement powers; and provides for the protection
of worker safety through modified application of the Work Health
and Safety Act 2011.
Offshore Electricity Infrastructure (Consequential
Amendments) Bill 2021
Finally passed both Houses 25/11/2021 – further to
the Offshore Electricity Infrastructure Bill 2021 and the Offshore
Electricity Infrastructure (Regulatory Levies) Bill 2021, the bill
amends the: Offshore Petroleum and Greenhouse Gas Storage Act 2006
to: Extend the operation of the Act to provide that a person
commits an offence if a regulated entity interferes with offshore
infrastructure activities; clarify the dual role of the National
Offshore Petroleum Safety and Environmental Management Authority
(NOPSEMA) in regulating the Act and the Offshore
Electricity Infrastructure framework, including in relation to
NOPSEMA's duties, money and annual reporting requirements; and
clarify that the National Offshore Petroleum Titles Administrator
may also be appointed as the Offshore Infrastructure Registrar; and
Coral Sea Islands Act 1969, Environment Protection and Biodiversity
Conservation Act 1999, Sea Installations Act 1987 and
Telecommunications Act 1997 to make consequential amendments.
Offshore Electricity Infrastructure (Regulatory Levies)
Bill 2021
Finally passed both Houses 25/11/2021 – introduced
with the Offshore Electricity Infrastructure Bill 2021 to
facilitate and regulate the development of electricity
infrastructure in Commonwealth waters, the bill imposes an offshore
electricity infrastructure levy on offshore electricity
infrastructure licence holders or those engaging in offshore
infrastructure activities prescribed by regulations.
Customs Amendment (Controlled Trials) Bill
2021
HR 24/11/2021 – the Bill is part of the
Government's Simplified Trade System agenda, announced in the
2020–21 Budget and establishes a new regulatory framework to
facilitate proof-of-concept trials of new technology, business
models and regulatory approaches with appropriate regulatory
oversight.
Customs
Amendment (Banning Goods Produced By Forced Labour) Bill 2021 (No.
2)
HR 22/11/2021 – the Customs Amendment (Banning Goods
Produced By Forced Labour) Bill 2021 (the Bill)
proposes to amend the Customs Act 1901. The purpose of the Bill is
to ban the importation of goods that are produced in whole or part
by forced labour. The Australian Parliament has expressed strong
support for international efforts to suppress modern slavery.
Gazetted 15 November 2021
National
Class 2 Performance Based Standards (High Productivity)
Authorisation Notice 2021 (No.1)
15/11/2021: Authorised access to the areas and routes
specified in this Notice is limited by conditions including PBS
tier ratings or template vehicle requirements. A vehicle will need
to comply with both its own PBS vehicle approval and the conditions
of this Notice to access a given area or route. This Notice
commences on 15 November 2021.
NSW
Bills revised following amendment in Committee –
19 November 2021
Modern Slavery Amendment Bill 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.