In the media

Record number of containers lost at sea
Over 3,000 containers have been lost at sea in just the last few months, World Shipping Council finds. The figure has recently skyrocketed, with a total of only 1382 containers lost at sea during the entirety of 2019. C.H. Robinson Vice President Oceania Andrew Coldrey said the lost containers could have a huge impact on business and it was important to safeguard against it (05 March 2021). More...

Australia convicts and fines ship for dumping food waste overboard
The chief officer and owner of a bulk carrier were convicted and fined in Australia for dumping trash overboard. While the fines were small dollar amounts, Australian authorities said it was the principle of dumping trash into protected waters and that it would send a broader message of the shipping industry (03 February 2021). More...

Renewed call to Patrick for consultation on HPFV 'tax'
Cost of 'long vehicle fee' at Sydney and Brisbane ports estimated, with Patrick Terminals pressing ahead with new fees on differing combinations, container haulage entities are highlighting the lack of consultation state governments are promising in their pursuit of a light touch on port issues (02 March 2021). More...

New Victorian ports plan in the offing
Victoria is on course for a new state ports policy, the state government's Independent Review of the Victorian Ports System initial response reveals, but with issues of ongoing, unregulated and unconstrained rises of stevedore charges on haulage (01 March 2021). More...

Geelong centre of Victoria's ports system
Ports Victoria will bring together the Victorian Regional Channels Authority and Victorian Ports Corporation (Melbourne) to lead the strategic management and operation of Victorian commercial ports and waterways. The new organisation will begin operating out of Geelong on 1 July 2021 (25 February 2021). More...

National operating standard promotes phased roll out of mandatory telematics for operators within the Heavy Vehicle National Law
The ALC says that the inclusion of mandatory telematics into the Heavy Vehicle National Law (HVNL) through the adoption of a National Operating Standard would be best managed through a phased roll-out, segmented by vehicle specifications. There are clear safety and productivity benefits in requiring the electronic collection of information (05 March 2021). More...

Reform of offence notification laws required
The National Road Transport Association (NatRoad) has asked the National Transport Commission (NTC) to keep notification to transport operators of their drivers' offences on the reform agenda. There will be strengthened duties for drivers to be fit for work, which includes them having a valid licence (04 March 2021). More...

Pieces falling into place for RVSA implementation
HVIA's review of the latest releases in the Road Vehicles Standards Act (RVSA) shows that the transition is coming together, however there are still critical procedural areas yet to be unveiled, with the release of additional information in relation to vehicle type approvals, opt-in arrangements and authorised vehicle verifiers (03 March 2021). More...

ALC differentiates NOS from operator licensing
The Australian Logistics Council (ALC) seeks to add clarity to its National Operator Standard (NOS) proposal, emphasising the difference between it and operator licensing (OL) (25 February 2021). More...

ARRB puts spotlight back on truck rollovers
The Australian Road Research Board (ARRB) is shining a light on heavy vehicle rollover collisions, spurred by its concern over a lack of broader understanding on the issue (25 February 2021). More...

Draft national road safety strategy 2021-30 released for consultation
HVIA welcomes the release of the Draft National Road Safety Strategy for comment. The strategy recognises that safer vehicles are one of the three key planks for improving road safety along with safer roads and safer road use. In addition, Heavy Vehicle Safety has been recognised as one of the nine priority areas for action (24 February 2021). More...

Australian business, union leaders to tackle sovereign manufacturing supply chain risks
Australian business and union leaders will meet to discuss how major challenges identified by the manufacturing sector in the wake of the federal government's Modern Manufacturing Strategy can be overcome (24 February 2021). More...

National operating standard shows how mandatory SMS will reduce audit duplication for heavy vehicles operators
The Australian Logistics Council(ALC) continues its calls on Australian Governments to consider the development of a National Operating Standardfor heavy vehicle operators as part of a review of the Heavy Vehicle National Law (HVNL) (24 February 2021). More...

A National operating standard supports the Heavy Vehicle National Law to deliver on its primary duty
The ALC says adopting a National Operating Standard into the HVNL will help improve compliance with heavy vehicle operators and safety across the industry. The creation of a National Operating Standard offers the opportunity to enhance the safety and productivity outcomes of heavy vehicle operators –key objectives of the HVNL (02 March 2021). More...

Improvement notice follows NHVR Sunshine Coast raid
A National Heavy Vehicle Regulator (NHVR) investigation into a Sunshine Coast operator has produced evidence of engine tampering. The unnamed company is now subject to an improvement notice (02 March 2021). More...

Livestock trailer injury leads to $1.5m payout
A recent New South Wales Supreme Court decision highlights the dangers of exposing others to risk in livestock transport, with a Livestock carrier found liable for injury to farm worker (26 February 2021). More...

FedEx leads industry change with sustainability
FedEx has announced a goal to achieve carbon-neutral operations by 2040. Over $2 billion dollars will be invested across vehicle electrification, sustainable energy and carbon sequestration to meet the target (05 March 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. Read the newsletter here. More...

Practice and Regulation

NATROAD: Fatigue Management policy
The purpose of this policy is to highlight the effects and risks of employee fatigue, the shared responsibility to manage it appropriately, and the preventative actions 3 March, 2021. More...

AIS Transport TLI Supply Chain Operations - Certificates I and IV
Consultation: The Certificate IV in Materiel logistics, including 19 associated Units of Competency and five Skill Sets, has been identified to be reviewed mid-year to ensure that there is comprehensive consultation with the Defence industry. Please submit your feedback by, 8 March 2021. More...

Draft future fuels strategy
The Government's draft strategy is built around three central principles: addressing barriers to the roll out of new vehicle technologies; investment in early-stage infrastructure to stimulate the market and private sector and improving access to information to help people make informed choices. You can find a copy of the paper here. Comments on the discussion paper are open until 2 April 2021.

HVIA: Updates to vehicle standards guide 2
The NHVR has updated Vehicle Standards Guide 2 to outline some changes to the Heavy Vehicle National Law and Regulations that came into effect from 22 February 2021. More...

HVIA: Infrastructure updates on ROVER and RVSA
The Department of Infrastructure has added functionality to the Component Type Approval sections of the Road Vehicle Regulation (ROVER) system to allow users to vary, suspend or revoke their approvals. They have also updated the guide to component type approvals on their website to reflect these changes. They have also updated the provisions related to trailers less than 4.5 tonnes and developed a diagram explaining the approval pathways for entrance into the Register of Approved Vehicles (RAV)(27 January 2021).

HVIA: Transitioning PBS to the NHVR Portal
The NHVR are moving all regulator services and functions into a common platform – providing one location for regulator service delivery. The first phase of digitising PBS enables all applications to be submitted through the Portal by using either online forms or a spreadsheet submission tool (03 February 2021). More...

HVIA Consultation Reminder: Euro VI emissions systems
The Department of Infrastructure has just released consultation papers on Vehicle Emissions which looks at the introduction of Euro VI emissions systems. The consultation papers can be viewed at the Ministerial Forum on Vehicle Emissions page and comments on these papers will be open until 26 February 2021.

NHVR Safety Bulletin on the use of coiled air hoses ("Suzi" coils)
The purpose of this safety bulletin is to highlight the dangers of inappropriately using suzi coils for air supply to the brake system on self-supporting trailers, such as a dog, pig or tag type trailers, which use an 'A' type coupling system. The NHVR's safety bulletin may be found here (2021).

NHVR: PBS Directional Stability Under Braking Standard open for consultation
The National Heavy Vehicle Regulator (NHVR) has opened consultation on the implementation of amendments to the PBS Directional Stability Under Braking (DSUB) Standard. . For additional information or to provide feedback or review here. Feedback on the paper has now been closed.

NHVR Heavy Vehicle Safety Initiative (HVSI): Round 6
Applications for Round 6 of the NHVR's HVSI are open until 12 February 2021. Projects must be implementable, commence in the 2021-22 financial year and be completed by 30 June 2024. For more information or to view the Heavy Vehicle Safety Initiative 2021-22 Submission Guidelines, please click here.

NHVR: Updates to Vehicle Standards Guide 2
The NHVR has updated Vehicle Standards Guide 2 to outline some changes to the Heavy Vehicle National Law and Regulations that will come into effect from 22 February. For further details the Vehicle Standards Guide 2 may be accessed here.

Revised National Heavy Vehicle Accreditation Scheme (NHVAS) Business Rules and Standards
Key changes have been made to more closely align NHVAS with safety management systems to better assist customers meet their requirements under the COR laws. The changes will be effective for new participants from 22 February 2021. The revised Business Rules and Standards, including fact sheets and videos to help NHVAS auditors and operators transition to the new requirements, are now available on the NHVR website here.

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.

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 February intake . More...

SAL Submissions
February 2021 - SAL21005 - Shipping Australia Limited Submission on Port of Melbourne's Tariff Rebalancing Application. More...

AMSA 2021 monthly domestic commercial vessel incident reports
January 2021 - There were 85 reported incidents involving domestic commercial vessels in January 2021. Of these, 21 were serious and 2 very serious (26 February 2021). More...

AMSA Current Marine Notices

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...

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...

AMSA Watertight and weathertight integrity on domestic commercial vessels
Watertight and weathertight integrity is the standard found in part C: design and construction and section C2: watertight and weathertight integrity, of the National Standard for Commercial Vessels (NSCV). Make a submission Have your say from 18 January 2021 to 28 March 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...

CTAA - Patrick Terminals' Landside Fee Increases - 1 March 2021
Patrick Terminals unilaterally announced annual increases to its landside terminal fees & charges for implementation from 1 March 2021. The proposed new charges can be downloaded from the Patrick website here. More...

Australian Customs Notices
 2021-08 - Item 58 - Goods that are for use in the F-35 Joint Strike Fighter Program
2021-09 - Customs duty rates for tobacco and tobacco products - March 2021
Tariff Concession Gazette TC 21-07 Dated 3 March 2021.

DAWE Import Industry Advice Notices
05 March 2021 – 34-2021 Sea container measures to protect against khapra beetle

DAWE Export Industry Advice Notices
04 March 2021- 2121 -18 Plant Export Operations – Key changes: new plant and plant product export legislation

AWA: Exposure Draft Export Control Rules 2020 consultation
The department has commenced public consultation on seven of the commodity specific Exposure Draft Export Control Rules 2020 (draft rules).. The new legislative framework will commence on 28 March 2021. More...

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

Comptroller-General of Customs v Smoothflow Australia Pty Ltd [2021] FCA 144
TAXATION – customs and excise – tariff classification – appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether imported goods were to be classified as "tubes of iron or steel" or tubes of iron or steel "prepared for use in structures" – consideration of French text of the tariff – held imported goods were tubes prepared for use in structures under heading 7308 in Sch 3 to the Customs Tariff Act 1995 (Cth)

Marine Engineering Consultants Pty Ltd, Re [2020] QSC 398
CORPORATIONS – WINDING UP – APPLICATIONS FOR WINDING UP BY COURT – WHO MAY APPLY – CREDITORS – APPLICATION FOR SUBSTITUTION AS CREDITOR – where an application to wind up the respondent shipbuilder was filed on 8 June 2020 by Pine Rivers Caboolture and Redcliffe Group Training Scheme Inc – where the respondent reached an agreement with the applying creditor so that it no longer pursues the application – where the applicant seeks an order that it be substituted as the creditor who has the carriage of the application – where the applicant and the respondent had entered into two contracts for the construction of a vessel – where the applicant relies upon two alleged debts to establish its status as a creditor – whether the applicant has established on the balance of probabilities that it is a creditor – whether the applicant should be substituted as the applying creditor on the originating application
Corporations Act 2001 Cth s 459P, s 465B

Winslow Constructors v Head, Transport for Victoria (Costs) [2021] VSC 74
ARBITRATION – Whether indemnity costs should be the default order in unsuccessful challenges to arbitral awards – Consideration of the appropriate test to be applied for unmeritorious challenges to arbitral awards – Whether a different approach should be adopted by reason of the objects of the Commercial Arbitration Act 2011 (Vic) or the International Arbitration Act 1974 (Cth).
COSTS – Jurisdiction to award indemnity costs – Principles to be applied with respect to unmeritorious claims considered – Application for indemnity costs refused.

Legislation

Commonwealth

Regulations

Road Vehicle Standards Charges (Imposition—General) Regulations 2021
22/02/2021 - This instrument sets charges for various activities connected with the administration of the Road Vehicle Standards Act 2018, including the entry of a vehicle on the Register of Approved Vehicles. The Road Vehicle Standards Charges (Imposition—General) Act 2018 enables the imposition of cost-recovery charges on activities connected with the administration of the Road Vehicle Standards Act 2018 or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018.

Road Vehicle Standards Charges (Imposition—Customs) Regulations 2021
22/02/2021 - This instrument sets charges for the entry of a vehicle on the Register of Approved Vehicles. The Road Vehicle Standards Charges (Imposition—Customs) Act 2018 enables the imposition of cost-recovery charges on activities connected with the administration of the Road Vehicle Standards Act 2018 or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018.

Road Vehicle Standards Charges (Imposition—Excise) Regulations 2021
22/02/2021 - This instrument prescribes charges in relation to certain matters connected with the administration of the Road Vehicle Standards Act 2018 or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018. The prescribed charges are imposed as taxes by section 5 of the Road Vehicle Standards Charges (Imposition—Excise) Act 2018 and are imposed only so far as the charge is a duty of excise within the meaning of section 55 of the Constitution.

Bills

Special Recreational Vessels Amendment Bill 2021
Introduced Senate 25 February 2021 - The purpose of the Bill is to amend the Special Recreational Vessels Act 2019 (SRV Act) to extend the repeal date in section 17 of the Act from 30 June 2021 to 30 June 2023. The extension of the sunset provision in the SRV Act is needed to allow special recreational vessels to continue to operate charters in Australia until a longer-term solution is found

Agriculture Legislation Amendment (Streamlining Administration) Bill 2019
Assent Act no: 16 Year: 2021 01 March 2021
Amends the Biosecurity Act 2015 and Imported Food Control Act 1992 to enable computerised decision-making for certain purposes.

Customs Tariff Amendment (Incorporation of Proposals and Other Measures) Bill 2020
Assent Act no: 10 Year: 2021 01 March 2021
Amends the Customs Tariff Act 1995 to: provide for a free rate of customs duty for certain medical and hygiene products between 1 February 2020 and 31 December 2020; remove the $12 000 special customs duty on used and second-hand motor vehicles that are Peruvian originating goods or that are Trans-Pacific Partnership originating goods; separately identify specifically formulated caffeinated beverages, formulated supplementary sports foods and formulated supplementary foods; specifically identify vitamins and food supplements; provide that wheelie bins do not fall within the classification of vehicles; provide that plates, rods, angles, shapes, sections, tubes, pipes and the like requiring further modification prior to being used cannot be classified as parts; and repeal redundant provisions specifying phasing rates of customs duty under certain free trade agreements.

Transport Security Amendment (Serious Crime) Bill 2020
Senate: Senate Second reading agreed to 22 Feb 2021
Amends the Aviation Transport Security Act 2004 and Maritime Transport and Offshore Facilities Security Act 2003 to: prevent the use of aviation and maritime transport or offshore facilities in connection with serious crime; establish a regulatory framework to implement harmonised eligibility criteria for the aviation security identification card (ASIC) and maritime security identification card (MSIC) schemes; clarify and align the legislative basis for undertaking security checking of ASIC and MSIC applicants and holders; provide for regulations to prescribe penalties for offences; and insert an additional severability provision to provide guidance to a court as to Parliament's intention.

Gazetted

Heavy Vehicle National Law - New South Wales Class 3 Livestock Transportation Exemption Notice 2021 (No.3)
03/03/2021 - This notice revokes and replaces the previously published notice, C2021G00136, registered on 22 February 2021.

Heavy Vehicle National Law - New South Wales Class 3 Livestock Transportation Exemption Notice 2021 (No.1)
26/02/2021 - This notice revokes and replaces the previously published notice, C2020G00819, registered on 8 October 2020.

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

Regulations and other miscellaneous instruments
 Ports and Maritime Administration Amendment (Commercial Vessel Information) Regulation 2021 (2021-79) — published LW 26 February 2021

Bills assented to
Road Transport Legislation Amendment (Drink and Drug Driving Offence) Act 2021 No 3 — Assented to 24 February 2021
For the full text of Bills, and details on the passage of Bills, see Bills.

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.