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Inside track: Transport, Shipping & Logistics

18 May 2021

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

Ports Australia signs Neptune Declaration
Ports Australia has signed the Neptune Declaration, joining more than 800 companies worldwide with a shared responsibility of collaboration to overcome the seafarer crew change crisis (15 May 2021).  More...

Landmark loan strengthens long-term sustainability for Port of Newcastle
National Australia Bank has led the development of a landmark loan for Port of Newcastle that aligns financing for Australia’s largest east coast seaport with long-term environmentally and socially responsible outcomes (04 May 2021).  More...

Ports Australia addresses Productivity Commission study
Ports Australia has released its submission to the Productivity Commission’s study into Australia’s resilience to global disruptions and engagement with the logistics sectors. Ports Australia has focused its submission on five possible areas of hazard (06 May 2021).  More...

Iron Chieftain fire highlights inadequate international fire safety standards and regulations for self-unloading bulk carriers
A fire on board a bulk carrier that took five days to contain and extinguish highlights the lack of adequate regulatory requirements and standards to address the known risk of fire on-board self-unloading ships, an ATSB investigation has found (11 May 2021).  More...

Supply chain: Even more new evidence that ocean shipping is handling COVID disruption
New data and insight from the Reserve Bank provides yet more new evidence of the fact that ocean shipping is a highly resilient part of the supply chain (14 May 2021).  More...

Fatigue test trial for drowsy drivers
Monash University researchers have found drivers with only three hours sleep are 10 times more likely to be involved in a crash. The Minister for Roads and Road Safety, Ben Carroll, announced the trial of pupil scanning technology had successfully determined the threshold to detect excessively fatigued drivers (14 May 2021).  More...

Quallogi becomes fifth EWD approved for use
The National Heavy Vehicle Regulator has approved Quallogi by Kynection as the fifth Electronic Work Diary option for truck drivers, from 25 May 2021. The Quallogi includes features such as alerts, to assist drivers to manage their compliance with work and rest rules (14 May 2021).  More...

Safer freight routes receive $1B boost by Federal Government
Infrastructure briefly took a backseat in federal funding to road safety this week during the announcement of the forthcoming Budget. In good news for road safety advocates, vulnerable road users and regional truck drivers, an additional $1 billion was pledged to the Road Safety Program (14 May 2021).  More...

Zero blood alcohol enforced for heavy vehicle operators in Victoria
A new zero BAC statutory requirement for all heavy vehicle drivers is now in effect in Victoria. VicRoads this week announced operators of trucks greater than 4.5 tonnes gross vehicle mass must have a zero blood-alcohol limit (14 May 2021).  More...

Budget 2021: Asset write-off extension a big win for transport
The extension of temporary full expensing to 2023 will continue to drive trucking business investment and help more businesses purchase safer trucks and trailers, Australian Trucking Association CEO Andrew McKellar said today (12 May 2021).  More...

ALC welcomes freight and supply chain strategy investments announced in the budget
The Australian Logistics Council welcomes the investments in the National Freight Data Hub and the National Heavy Vehicle Regulator announced in Tuesday’s budget. These investments are the two expenditures contained in the Budget to advance the National Freight and Supply Chain Strategy (11 May 2021).  More...

Supply chain investment announced in Federal Budget
The Federal Government has outlined key supply chain investments in this week’s 2021-22 Federal Budget.
Victoria will receive $17.5 million for Dairy Supply Chain Road Upgrades and $2 billion initial investment in a new Melbourne Intermodal Terminal for transfer of freight (11 May 2021).  More...

Inland Freight funding to unlock high productivity combinations in QLD
A Federal Government allocation of $400 million to activate an Inland Freight Route in Queensland has been warmly welcomed by industry. As a critical infrastructure investment, the Inland Freight Route will unlock access for high productivity combinations such as A-doubles and B-triples while building regional capacity and connecting major freight routes (12 May 2021).  More...

NHVR sees NSW added to regulatory fold
The National Road Transport Association congratulates the New South Wales government for putting a final piece of the jigsaw into place in the long process of reforming operations of the National Heavy Vehicle Regulator (06 May 2021).  More...

NHVR secures first supervisory intervention order against driver
A driver who breached load and dimension requirements must complete an educational course as part of the National Heavy Vehicle Regulator’s first successful supervisory intervention order (06 May 2021).  More...

Opinion: Time to end China's lease at the Port of Darwin
Australian Defence Minister Peter Dutton has asked his department "to come back with some advice" about the future of the 99-year lease by Chinese company Landbridge of the Port of Darwin. Hopefully Defence takes this shot at redemption, correcting a dreadful policy error when it concluded in 2015 that the lease wasn’t a problem (03 May 2021).  More...

Supply analytics market to grow exponentially
A new study by Global Market Insights has found that the global supply chain analytics market is set to grow by 16 per cent. Current supply chain analytics tools have seen big growth, particularly across the transport and logistics industry (03 May 2021).  More...

Published – articles, papers, reports

Budget Statements 2021–22
Portfolio Overview - Infrastructure, Transport, Regional Development and Communications portfolio overview
Entity resources and planned performance - Department of Infrastructure, Transport, Regional Development and Communications
Australian Maritime Safety Authority 
Australian Transport Safety Bureau
Civil Aviation Safety Authority
Infrastructure Australia
National Faster Rail Agency
National Transport Commission

ATSB Latest Investigations

Fire on board Iron Chieftain, Port Kembla, New South Wales on 18 June 2018
Final Report 346-MO-2018-011 – 11 May 2021
Iron Chieftain fire highlights inadequate international fire safety standards and regulations for self-unloading bulk carriers.

NTC AFTD Review Report - May 2021
Publish date 03 May 2021
A summary of changes we made in the draft guidelines and more details on how to share your input. 

NHVR: Newsletter
Fortnightly newsletter providing important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes.
Latest edition - On the Road Issue 113 - 5 May 2021

CASA Newsletters
May edition newsletter for AOC holders
'What can I do now?' aims to help you prepare early for rule changes (12 May 2021).

Practice and Regulation

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 (05 May 2021).  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...

Port of Melbourne Stakeholder and Industry Consultation 2021
Throughout April and May 2021, we are consulting with port users and other industry stakeholders to provide an update on key issues, port activities and stakeholder interests. Some of these topics include our investment program, trade information, tariff update and preferred ways of communicating. Please refer here for further information and on how to participate.  More...

NTC Consultation
Assessing Fitness to Drive - draft guidelines 2021
Publish date 03 May 2021. The NTC is reviewing Assessing Fitness to Drive in collaboration with Austroads. Submissions will close on 11 June 2021.This draft document has been uploaded for consultation purposes only. 

ATA Submissions
05 May 2021- draft 2021-2025 heavy vehicle safety strategy
A vital part of building a safe organisation is to engineer a culture where safety risks are reported.

Inquiry into Vulnerable Supply Chains: (FTA) and Australian Peak Shippers Association (APSA)
01 May 2021 - Freight & Trade Alliance and the Australian Peak Shippers Association have incorporated extensive member feedback into a detailed submission in response to the Productivity Commission's 'Inquiry into Vulnerable Supply Chains'.
03 May 2021 - There is no relief in sight in an environment of consolidation in shipping lines and stronger Alliances (consortia of shipping lines entering vessel sharing agreements) creating significant barriers for new entrants into this global market, let alone successfully compete in a somewhat isolated Australian trade-lane.  More...

New National Class 1 Special Purpose Vehicle Notice 2021 (No.1) released
The Heavy Vehicle National Law National Class 1 Special Purpose Vehicle Notice 2021 (No.1) was released on 5 May 2021, superseding the National Class 1 Special Purpose Vehicle Notice 2020.

NHVR: Kynection EWD approved for use
The NHVR has approved Quallogi by Kynection as a fifth Electronic Work Diary (EWD) option for heavy vehicle drivers official record for heavy vehicle driver work and rest hours from May 25. Any issues with EWDs may be reported to the NHVR by phone or using a website form at here. To stay up to date with approved EWDs and their conditions of use visit the NHVR website (14 May 2021).

IFAM Extension of the International Freight Assistance Mechanism to September 2021
Extension to the International Freight Assistance Mechanism (IFAM) to ensure commercially viable access to market for Australian exporters of perishable commodities to the end of September 2021. For more information about the extension, please refer to the IFAM webpage and latest fact sheet.

NHVR: Healthy Heads in Trucks & Sheds National Mental Health and Wellbeing strategy
This strategy has been created by industry for industry and provides a unified plan for improving mental health and wellbeing right across the sector. The Roadmap is available now and free to all to download from the HHTS website (14 May 2021).  More... 

NHVR: Heavy Vehicle Fire Safety Program
The ARTSA Institute today launched the Truck Fires Safety Program, which consists of 4 manuals and 6 videos aimed at drivers, maintenance staff, fire investigators and transport managers. The manuals and videos are downloadable here (14 May 2021).

HVIA: RVSA Checklists
HVIA has prepared guidance material in preparation for the introduction of the Road Vehicle Standards Act on 1 July 2021. The guidance material consists of three checklists for members intended to assist the following: Component Suppliers – SARN and CRN holders [PDF]
Manufacturers – holders of IPAs and VTAs [PDF]
Manufacturers – a checklist covering the transition to the RAV [PDF]

Current Inquiries - Rural and Regional Affairs and Transport Legislation Committee
Australia's general aviation industry
Status: Accepting Submissions Date Referred: 02 December 2019 Reporting Date: 30 November 2021

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.

Rural and Regional Affairs and Transport Legislation Committee
Australia's general aviation industry
Status: Accepting Submissions Date Referred: 02 December 2019 Reporting Date: 30 November 2021     

DAWE Import industry advice notices 2021
13 May 2021 - 92-2021 Expression of interest: Proof of concept trial of new arrangements for imported cargo
05 May 2021 – 86-2021 Port of Esperance is now a first point of entry for freight containers

DAWE Export Industry Advice Notices
14 May 2021 2021-23 Funding and Revenue Branch – 2021–22 Agricultural Export Cost Recovery Implementation Statements
12 May 2021 2021-22 Congestion Busting Program – Change to the Calibration Certificate issuance process
06 May 2021 2021-19 Grain and Seed Exports Program – Approval of empty bulk vessel inspections at Outer Harbour (Adelaide) and Port Lincoln protected anchorages

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

Australian Competition and Consumer Commission v Tasmanian Ports Corporation Pty Ltd [2021] FCA 482
COMPETITION – imposition of a “Marine Precinct Tonnage Charge” (MPTC) after advice of intention to obtain towage and pilotage services from another port services provider – substantial degree of market power – MPTC advised to be payable for the performance of regulatory responsibilities to the State of Tasmania – no assessment of costs of performing these responsibilities – no legal right to request MPTC – charge imposed as a direct response to the attempted entry of a competitor – commercial likelihood of raising future costs of acquiring services from a competitor - conduct had the “likely effect” of substantially lessening competition in the towage market and the pilotage market.
PRACTICE AND PROCEDURE – declaratory relief in circumstances where no other relief sought or granted – utility in declaratory relief in cases involving regulatory bodies and the public interest – declaratory relief to deter other corporations. 

CPB Contractors Pty Ltd v Transport for NSW [2021] NSWSC 537
CONTRACTS – expert determination regarding contract to perform road widening works on Pacific Motorway – where expert determined issue adversely to plaintiff – where plaintiff commenced proceeding to reagitate that issue – whether plaintiff precluded by the terms of the contract from litigating that issue– whether an expert determination that no further compensation is payable is a determination that does not involve paying a sum of money CONTRACTS – provision for expert determination – whether there was a deficiency or error in determination that disclosed expert did not make a determination in accordance with the contract PRACTICE AND PROCEDURE – expert determination as to part of the claim the subject of the proceedings – whether proceedings commenced in the face of an expert determination should be stayed in part.

Wojcik v General Carrying Pty Ltd [2021] VSC 233
ADMINISTRATIVE LAW – application for extension of time under r 56.02(3) of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) – whether special circumstances exist – Garrett v Legal Services Commissioner [2015] VSC 465, referred to – application by a worker to quash the opinion of a medical panel concerning the medical condition of the worker – whether the panel identified an evidentiary basis upon which it could be positively satisfied of its conclusion – Alcoa Holdings Ltd v Lowthian [2011] VSC 245, referred to – Wilson v Liquorland Australia Pty Ltd [2014] VSC 545 and Bazouni v State of Victoria [2019] VSC 407, distinguished – Leemark Fire Protection Pty Ltd v Malios [2014] VSC 654, applied – whether the panel failed to take into account relevant considerations – whether the panel took account of irrelevant considerations – adequacy of reasons – whether the panel failed to disclose a path of reasoning to its conclusion – Dundar v Bas [2019] VSCA 315, referred to – Wingfoot Australia Partners Pty Ltd & Anor v Kocak & Ors [2013] HCA 43; (2013) 252 CLR 480, referred to – Accident Compensation Act 1985 (Vic) ss 91(7)(c) and 98C – application for judicial review dismissed. 

Jiangsu Lianguan Zhaoxing Petrochemical Science and Technology Co Ltd v Wu & Anor [2021] VSC 228
TRADE PRACTICES — misleading and deceptive conduct — first defendant made false representations regarding the opportunity for the plaintiff to supply large quantities of pipes to Australian companies — first defendant knew that the representations were false and intended the plaintiff to act in reliance upon representations — no reasonable grounds for making representations — first defendant engaged in fraudulent conduct by forging 13 documents — first defendant not entitled to an order apportioning liability for damages with second defendant — Competition and Consumer Act 2010 (Cth) ss 87CC, 87CD — Australian Consumer Law ss 4, 18, 236.
DECEIT — first defendant made representations knowing they were false and intending the plaintiff to rely upon them — plaintiff suffered loss and damage acting in reliance on representations — first defendant not entitled to an order apportioning liability under Part IVAA Wrongs Act — Wrongs Act ss 24AF, 24AH, 24AI, 24AM.
transportation of pipes - Mr Wu is jointly and severally liable with Mr Missen to pay JLZ damages in the sum of USD$2,164,352 and AUD$44,000

SafeWork NSW v Byford Equipment Pty Limited [2021] NSWDC 168
I impose a fine of $30,000. 3 The offender is to pay the prosecutor’s costs of the proceedings, agreed in the sum of $35,000. CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – worker injured
SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – appropriate penalty
SENTENCING PRINCIPLES - no record of previous convictions - good prospects of rehabilitation - remorse - plea of guilty - assistance to law enforcement authorities
The offender operated a business designing, constructing and fabricating stainless steel tankers for the transportation and storage of milk, wine, water, chemicals and grain

National Heavy Vehicle Regulator v Obst; National Heavy Vehicle Regulator v Turnbull (No 2) [2021] SASC 50
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - SENTENCE - OTHER OFFENCES
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONVICTION
The National Heavy Vehicle Regulator appealed against orders by a Magistrate dismissing charges without conviction or penalty pursuant to section 23(1)(a) of the Sentencing Act 2017 in each matter. The appeals were previously allowed: National Heavy Vehicle Regulator v Obst; National Heavy Vehicle Regulator v Turnbull [2021] SASC 37.
On resentencing, the respondents gave evidence concerning the circumstances of the offending and their personal circumstances.

Legislation

Commonwealth

Vehicle Standard (Australian Design Rule) Amendment Instrument 2021 (No.1)
13/05/2021 - This instrument amends multiple Australian Design Rules to make corrections to formatting, grammar, and referencing, as well as other changes.

Marine Order 11 (Living and working conditions on vessels) Amendment Order 2021
10/05/2021 - This instruments amends Marine Order 11 (Living and working conditions on vessels) 2015 to give effect to changes to the Maritime Labour Convention.

Customs By-law No. 2100073
07/05/2021 - This by-law revokes and replaces previous Customs By-law No. 1304168. It covers goods, other than superyachts, that are imported for repair or alteration and are to be re-exported.

Customs By-law No. 2100072
07/05/2021 - This by-law covers superyachts imported into Australia for repair or alteration, that are to be re-exported within 12 months.

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; (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
State Environmental Planning Policy (Three Ports) Amendment (Shipping Containers) 2021 (2021-209) — published LW 6 May 2021

Bills introduced Government
Tax Administration Amendment (Combating Wage Theft) Bill 2021

Non-Government
Work Health and Safety Amendment (Industrial Manslaughter) Bill 2021

Bills passed by both Houses of Parliament
Heavy Vehicle Legislation Amendment (National Regulator) Bill 2021

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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