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Inside track: Transport, Shipping & Logistics

14 July 2021

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

Calls rise for Australia to rethink hostile approach to China as losses mount
Calls for the Australian government to pursue in-depth communication with China based on mutual understanding are rising among business communities and local officials in Australia, as Canberra’s hostile approach to bilateral ties with China continues to inflict pain on local businesses (30 June 2021).  More...

Ports Australia trade portal upgraded
Ports Australia has given its Trade Statistics Portal an overhaul, enhancing the resource with regularly updated trend data and monthly data dating back to January 2018. The Portal now gives users the opportunity to select ranges and compare the value of cargo, vessel calls and commodities over any period of time (09 July 2021).  More...

Container prices go through the roof as shippers make billions
Container shipping prices have reached record highs with goods in Australia including appliances and consumer electronics set to rise as shipping companies make billions in profits. Now some 18 months after the outbreak of the coronavirus pandemic which disrupted maritime logistics chains and drove demand sky-high Australian importers are having to fight to get stock onto boats (05 July 2021).  More...

Defence for master’s ship that lost cargo at sea will not cross-examine witnesses
The legal team defending the master of a cargo ship that spilled about 50 containers into the sea off Australia last year has lost its application to cross-examine three experts. Mohd Bin Alias’s matter was heard in the Brisbane Magistrates Court on Monday (05 July 2021).  More...

Supply chain: UNCTAD data, once again, proves that liner shipping is adaptable and resilient to disruption
Liner shipping connectivity from Australia to the rest of the world has massively rebounded since the onset of the COVID pandemic, according to the latest data from the UN Conference on Trade and Development (UNCTAD) (02 July 2021).  More...

Australia and Papua New Guinea sign MoU on maritime infrastructure investment
On 30 June 2021, the governments of Australia and Papua New Guinea signed a Memorandum of Understanding in which a framework for cooperation in PNG's maritime infrastructure sector was agreed (02 July 2021).  More...

$50 million in grants for supply chain resilience
The Morrison Government has opened $50 million in grants for improving access to critical products in times of crisis. Applications are open for manufacturers under the Supply Chain Resilience Initiative (01 July 2021).  More...

Securing Australia’s supply chain resilience for critical products
The Morrison Government is looking to strengthen Australia’s supply chain capabilities, with $50 million in grants available to improve access to critical products in times of crisis (30 June 2021).  More...

Australian domestic natural gas prices jump on winter demand, outages
Spot natural gas prices in Australia’s domestic market have jumped on winter demand and some supply outages, and the increase supports high gas and LNG prices in the wider region. The, ACCC publishes an LNG netback price which is a measure of an export parity price that a gas supplier can expect to receive for exporting its gas (08 July 2021).  More...

RVSA in place but work still required
The Road Vehicle Standards Act (RVSA) is now in force and will increasingly play a large role in the activities of many HVIA members. The RVSA has replaced the Motor Vehicle Standards Act (MVSA) which has governed first entry to the Australian heavy vehicle marketplace since 1989. All changes are outlined here (06 July 2021).  More...

New safety app for transport workers
A truck safety training tool has been released for the induction of drivers in the NSW road freight industry.  The augmented reality phone or online app will guide a driver through processes for entering or exiting the cabin, and instructs drivers on how to conduct safety inspections and prevent vehicle rollaway incidents. Access the app.  More...

ATA says truck widths holding Australia back
ATA says increasing maximum truck width to European and US standards is the way forward. A new analysis from the Australian Trucking Association (ATA) has revealed that Australia’s out-of-date truck width rules are restricting the availability of zero emission trucks on the Australian market (02 July 2021).  More...

ROVER has been let off the leash
The Road Vehicle Standards Act (RVSA) has gone live following a much delayed, somewhat controversial development, and serious concerns about its ambitious rollout. The RVSA replaces the Motor Vehicle Standards Act (MVSA) which has governed first entry to the Australian heavy vehicle marketplace since 1989 (01 July 2021).  More...

NTC looks to heavy vehicle charge consultation
The National Transport Commission (NTC) has issued a consultation regulation impact statement (C-RIS) seeking feedback on a range of options for setting heavy vehicle charges that would apply from 2022–23 onwards (30 June 2021).  More...

Australia tips oversupply in global LNG market through to 2023
The global LNG market is likely to be marked by a surplus of supply over the next couple of years, which will place downward pressure on prices, Australia’s Department of Industry, Science, Energy and Resources said in its Resources and Energy Quarterly released June 28 (29 June 2021).  More...

Urgent vaccine access for supply chain workers under review by National Cabinet
The Australian Logistics Council (ALC) welcomed the decision of  National Cabinet to seek advice from the Australian Health Protection Principal Committee (AHPPC) on expediting COVID-19 vaccinations for aviation, interstate freight transport and mining (FIFO) workers (29 June 2021).  More...

Trio liable for $465,000 truck driver injury payout
The Supreme Court of Victoria highlights the safety shortcomings of three transport entities that must share damages of $465,000 over a truck driver unloading injury in 2015 (29 June 2021).  More...

Huge fines for operators as national regulator outlines breaches
The National Heavy Vehicle Regulator (NHVR) has released details on recent court outcomes in Victoria pertaining to Heavy Vehicle National Law (HVNL) contraventions. Of particular note to transport companies, multiple entities were penalised primarily for dimension breaches (08 July 2021).  More...

Funding boost to give heavy vehicles better access to road networks
The heavy vehicle industry has welcomed a $12.1 million Federal Government funding boost, aimed at delivering better assessment of road assets across rural and regional Australia as part of the Strategic Local Government Asset Assessment Project (08 July 2021).  More...

Published – articles, papers, reports

NTC publications
Review of Equivalent Standard Axle values used in the PAYGO Model (Final Report)
Publish date 29 June 2021

Heavy vehicle operating cost model update note - for consultation purposes only
Publish date 29 June 2021

2021-22 Heavy Vehicle Registration Charge Schedules with 2.5 per cent roads only component increase
Publish date 29 June 2021

Heavy Vehicle Charges Determination 2021 - Regulation Impact Statement
Publish date 28 June 2021

NHVR: Newsletter
Latest edition - On the Road Issue 117 - 29 June 2021
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

Strategic Local Government Asset Assessment Project (SLGAAP)
The NHVR and road managers are currently working through the delivery and assessment of phase two of SLGAAP and are calling on local governments to submit any assets that may be eligible for assessment. For more information and project updates, please click here (08 July 2021). 

NTC: Heavy vehicle charge consultation
The National Transport Commission has issued a consultation regulation impact statement (C-RIS) seeking feedback on a range of options for setting heavy vehicle charges that would apply from 2022–23 onwards. The C-RIS is available here while submissions can be made here (30 June 2021).  More...

Supply Chain Resilience Initiative
Under the Supply Chain Resilience Initiative, over $15 million will be designated to establishing a new Office of Supply Chain Resilience. To find out more or apply for a grant under the Supply Chain Resilience Initiative click here. The closing date for submissions is 12 August 2021 (30 June 2021). 

A new home for road vehicle recalls
From 1 July 2021, road vehicle recalls will be published by the Department of Infrastructure, Transport and Regional Development and Communications.  More...

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

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.  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 on livestock ships which will run from 1 March 2021 to 31 August 2021.  More...

AMSA: Domestic Commercial Vessel 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...

ABF: Notices July 2021
2021-25 - Commencement of the Recycling and Waste Reduction (Export - Waste Plastics) Rules 2021
2021-26 - Extension of concessional treatment for certain hygiene and medical goods
2021-27 - 1 July 2021 changes to customs duty rates and to the Australian Harmonized Export Commodity Classification

DAWE: Import industry advice notices 2021
06/07/2021 149-2021 Requirement to notify of COVID-19 cases
01/07/2021 143-2021 Maritime National Coordination Centre – Change of Name and New E-mail Contact Details
01/07/2021 142-2021 - Biosecurity Treatment Industry Roundtables

Australian Customs Notice No. 2021/23New Obligations on Customs Depot and Warehouse Licences
The purpose of this Notice is to inform existing customs depot and warehouse licence holders that additional conditions will come into effect on 1 July 2021.  The additional conditions are imposed by the Comptroller-General of Customs and will apply to all depot licences under section 77Q of the Customs Act 1901(the Act) and will apply to all warehouse licences (including duty free shops) under section 82A of the Act.  More...

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

MTM Ship Managment PTE LTD, Singapore and Australian Maritime Safety Authority [2021] AATA 1998
The decision under review, being the decision of Australian Maritime Safety Authority to detain the MTM Shanghai on 17 August 2020, is affirmed
MARITIME SAFETY – detention order – whether  vessel  was at the time of inspection unseaworthy or substandard – appropriate Action Code – International Convention for the Safety of Life at Sea – where emergency generator not automatically powering the emergency switchboard in a blackout situation – where deficiency rectified on the same day – reasonable suspicion – Tribunal satisfied  vessel  detained on the basis of a deficiency which rendered the  vessel  incompatible with SOLAS guidelines – Tribunal satisfied at the time of inspection the  vessel  was substandard – Tribunal satisfied that at the time of inspection the  vessel  was unseaworthy – where decision to detain preferable decision – decision affirmed
Australian Maritime Safety Authority Act 1990 (Cth) s 7; Navigation Act 2012 (Cth) ss 23, 24, 248, 257

Tregidga v Pasma Holdings Pty Limited [2021] FCA 721
ADMIRALTY – where applicants made claim for damages against maritime electrical contractor arising from fire on board  vessel  – whether there was a breach of contract or breach of statutory guarantee or negligence with regard to the fire – whether respondent was liable for damage caused to  vessel  – whether applicants were owners of the  vessel  at the time of fire – whether applicants were parties to contracts relating to the electrical works conducted on the  vessel  – whether applicants were “consumers” for the purposes of s 60 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the ACL) – whether the applicants were entitled to pursue a claim against the respondents under s 60 of the ACL without being parties to the contract – whether duty of care in tort was owed to the applicants by the respondent – whether scope of the duty of care owed by the respondent extended to taking steps to prevent fire – whether scope of duty of care affected by terms of contracts – whether there was a breach of duty of care – determination of causation – application dismissed
Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth))
Civil Liability Act 2002 (NSW); Civil Liability Act 2003 (Qld);  Shipping Registration Act 1981 (Cth); Trade Practices Act 1974 (Cth)

Legislation

Commonwealth

Bills

Biosecurity Amendment (Strengthening Penalties) Bill 2021
Assent Act no: 58 Year: 2021 29 June 2021 - Amends the Biosecurity Act 2015 to increase the civil and criminal penalty amounts for contraventions of certain key requirements relating to the assessment and management of biosecurity risks of goods that are brought or imported into Australian territory, and the carrying out of biosecurity activities in accordance with an approved arrangement.

Acts

Hazardous Waste (Regulation of Exports and Imports) Amendment Act 2021 
05/07/2021 - Act No. 73 of 2021 as made

Fuel Security (Consequential and Transitional Provisions) Act 2021 
02/07/2021 - Act No. 66 of 2021 as made

Fuel Security Act 2021
02/07/2021 - Act No. 65 of 2021 as made

National Radioactive Waste Management Amendment (Site Selection, Community Fund and Other Measures) Act 2021 
01/07/2021 - Act No. 59 of 2021 as made

Regulation

Road Vehicle Standards (Classes of Vehicles that are not Road Vehicles) Determination 2021 
05/07/2021 - this instrument is made under paragraph 6(5)(b) of the Road Vehicle Standards Act 2018 and sets out classes of vehicles that are not road vehicles for the purposes of the Act.

Export Control (Fees and Payments) Amendment (2021 Measures No. 2) Rules 2021
30/06/2021 - this instrument amends the Export Control (Fees and Payments) Rules 2021 to prescribe fees where a service is provided directly to an individual, business or organisation in relation to the export of goods.

Export Control (Fees and Payments) Amendment Rules 2021 
28/06/2021 – this instrument amends the to prescribe fees where a service is provided directly to an individual, business or organisation in relation to the export of goods.

Export Charges (Imposition—Customs) Amendment Regulations 2021
28/06/2021 – this instrument amends the Export Charges (Imposition—Customs) Regulations 2021 to prescribe charges in relation to the export of goods and matters relating to the export of goods.

Customs By-law No. 2100131 
28/06/2021 – this by-law covers certain medical products and hygiene products imported as part of the response to the COVID-19 pandemic.

Gazetted: 05 July 2021
National Class 1 Agricultural Vehicle and Combination Mass and Dimension (Revocation) Notice 2021 (No.1) 
This Notice revokes specified class 1 authorisations previously made under the Heavy Vehicle National Law (HVNL) that have been superseded and replaced by the National Class 1 Agricultural Vehicle and Combination Mass and Dimension Exemption Notice 2020 (No.1).

Gazetted: 01 July 2021
Heavy Vehicle National Law - Queensland Heavy Vehicle Standards (Agricultural Vehicles) Exemption Notice 2021 (No.1) 
The purpose of this Notice is to exempt a heavy vehicle that is an agricultural vehicle from certain lighting and braking requirements. This Notice commences on 5 July 2021.

Heavy Vehicle National Law - Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2021 (No.1) 
The purpose of this notice is to allow for an efficient transport of sugar cane to particular sugar mills operating under a Registered Queensland Sugar Mill Mass Concession Scheme. This Notice commences on 5 July 2021.

Queensland

Subordinate legislation as made – Reminder
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
Note: The following provisions commence on 1 July 2021— parts 2, 3, 5, 6, 7 and 15; part 4, division 3; part 8, division 3; part 9, division 3; part 10, division 3; •part 11, division 3; part 12, division 3; part 13, division 3; part 14, division 3.

Victoria

Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021 (Vic)
Date of assent: 28 June 2021
Act Number: 26/2021

Acts commencements

Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic)
Date of commencement: 1 July 2021
Sections 1-81 of this Act came in by forced commencement on 1 July 2021 s.2
Act Number: 18/2021

Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021 (Vic)
Date of commencement: 29 June 2021
Parts 1 to 5 of this Act came in by forced commencement on 29 June 2021 s.2(2)
Act Number: 26/2021 

Statutory Rules – 29 June 2021
No 75 Road Safety (Drivers) and (Vehicles) Interim Amendment Regulations 2021
No 76 Zero and Low Emission Vehicle Distance-based Charge Regulations 2021

Statutory Rules as made - Reminder
No 49 Dangerous Goods (Storage and Handling) Amendment (Notification) Regulations 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.

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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