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.