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Inside track: Transport, Shipping & Logistics

18 October 2021

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

IEA's world energy outlook shines spotlight on shipping's emissions
Ahead of the COP26 meeting in Glasgow, the International Energy Agency (IEA) has released its flagship world energy outlook 2021 report with a focus on clean energy transitions. This includes shipping, and even under a best-case scenario, the IEA believes that fuel oil will make up around 80 per cent of shipping’s total fuel demand in 2030 (14 October 2021).  More...

Trade volumes likely to grow, says WTO
Global gross domestic product and world merchandise trade volumes are forecast to grow strongly, says the World Trade Organization in its latest bulletin. Economic activity has come roaring back as merchandise trade has been lifted above pre-pandemic levels (08 October 2021).  More...

Shipping industry signs up to decarbonisation by 2050
Signatories of the call to action for shipping decarbonization urge world leaders to align shipping with the Paris Agreement temperature goal. The private sector is already taking important steps to decarbonize global supply chains (01 October 2021).  More...

Sea freight costs may have peaked, but more ships are needed to bring them down
Chief economist with the National Farmers Federation, Ash Salardini, said Australia already pays the highest cost for freight, and shipping lines may be colluding to keep prices high. Ship owners say the spike in costs is due to increased demand (14 October 2021).  More...

Free supply chain dashboard aims to improve productivity
Transport operators now have free access to data capturing Australia’s freight and supply chain performance over road and rail that the federal government says will help them, and the businesses they support, to improve their operations, save on costs and grow on the other side of the pandemic (15 October 2021).  More...

Boosting Australia’s freight and supply chain performance
Newly available data capturing Australia’s freight and supply chain performance over road and rail will help freight operators and the businesses they support to improve their operations, save on costs and grow on the other side of the COVID-19 pandemic. The dashboard is available here (15 October 2021).  More...

ACCC investigates Qube acquisition
The Australian Competition and Consumer Commission is conducting an investigation into potential competition issues arising from Qube’s completed acquisition of the Newcastle Agri Terminal (07 October 2021).  More...

Port of Newcastle recognised for sustainability achievements
Port of Newcastle has been awarded silver partner status in the New South Wales Government’s Sustainability Advantage program, commending its commitment to improving environmental practices and reducing emissions. The recognition follows the port’s significant sustainability achievements since the launch of its environment social and governance strategy in 2019 (15 October 2021).  More...

Port of Brisbane Pty Ltd achieves five-star rating in global sustainability assessment
For the second year running, Port of Brisbane Pty Ltd has received a five-star GRESB rating – a globally recognised assessment that evaluates ESG performance and sustainability 'best practices' for real estate and infrastructure funds, companies and assets worldwide (15 October 2021).  More...

Victorian company penalised for breaching ozone protection laws
The Victorian company was issued a $13,320 infringement notice for breaching licencing requirements under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 by importing equipment that contained a synthetic greenhouse gas without a licence (13 October 2021).  More...

HVIA: NTC lays out consultation roadmap for HVNL
The National Transport Commission has laid out the road map for the consultation process on the Heavy Vehicle National Law with fatigue management the first cab off the rank (13 October 2021).  More...

Extension of work diary exemption for rural carriers
Short-haul rural carriers of primary produce are celebrating another three-year extension to the work diary exemption rule (11 October 2021).  More...

Industry body calls for independent oversight nationally of road tolling
Transurban has increased tolls on its major routes "with a distinct lack of transparency", according to the National Road Transport Association (06 October 2021).  More...

SenSen contract next step in new monitoring technology
The NHVR has welcomed a partnership with SenSen to deliver rapid deployable AI solutions using vehicle mounted cameras, a drone and solar powered trailers (14 October 2021).  More...

NatRoad shows support for proposed truckie apprenticeship
The National Road Transport Association has gotten behind calls for a national truckie apprenticeship program, saying it would partially relieve the chronic shortage of drivers nationwide (15 October 2021).  More...

New augmented reality guide to workplace safety
A handy new AR tool just released by Pro-Visual Publishing assists in recognising and controlling the key hazards associated with the transport and logistics industry (04 October 2021).  More...

Construction company fined $50,000 over truck driver death
A Victorian civil construction company has been fined $50,000 following the death of a truck driver who was crushed while guiding machinery onto a truck in Mildura (08 October 2021).  More...

Truckie ordered to pay Blenners Transport $545K after crash
Veteran truckie William Dowling has been ordered by a Queensland court to pay Blenners Transport and Truck Hire $545,312 after crashing a fruit-laden company truck in 2019 (14 October 2021).  More...

Published – articles, papers, reports

WTO Trade Profiles 2021
The WTO issued on 11 October the latest edition of its annual statistical publication, Trade Profiles, which provides a series of key indicators on merchandise trade and trade in commercial services for 197 economies. Read more here.

Container trade statistics August 2021
October 15, 2021. Click here to see the statistics.

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 125 – 7 October 2021. Click here to view the archive.

Practice and regulation

AMSA: Final consultation on near coastal qualifications
Tell us what you think about the draft marine order 505 (certificates of competency) and supporting guidelines. The draft marine order contains a range of changes, some of which are a result of feedback industry provided during the 2019 consultation. This final consultation closes on 14 November 2021. Click here to learn more and have your say.

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 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.

Home Affairs type three digital certificate replacement and legislative amendments to implement the 2022 Harmonized System
Freight and Trade Alliance has been advised by the Department of Home Affairs existing type three digital certificate will now be replaced with a new SHA2 gatekeeper certificate on 20 October 2021. As outlined in ACN 2021–42. This notice replaces ACN 2021/39 which was published on 22 September 2021.

Australian Customs Notice No. 2021/40: 2022 Harmonized System and Proposal Incorporation legislation – Royal Assent

Legislative amendments to implement the 2022 Harmonized System
The amendments to the Customs Tariff Act 1995 and the Customs Act 1901 required to implement the 2022 Harmonized System passed the Parliament on 26 September 2021 and received the Royal Assent on 2 September 2021. 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.

DAWE import industry advice notices
15 October 2021 221–2921: Expression of interest: Proof of concept for 3D x-ray technology in the air cargo pathway
15 October 2021 220–2021: Unplanned service disruption: Friday 15 October – BICON invoices
13 October 2021 219–2021: Addition of Lithuania to list of approved salmonid processing countries
12 October 2021 218–2021: Permit application assessment delays
6 October 2021 217–2021: Impacts to Service Standards in Victoria and NSW for bookings and inspections during COVID-19 pandemic
1 October 2021 214–2021: Officer identification on issued directions

ABF notices
2021–42: Home Affairs device digital certificate replacement
2021–41: Application for customs broker licences
2021–40: 2022 Harmonized System and Proposal Incorporation legislation – Royal Assent
Click here for more information.

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 one) and 1 July 2022 (stage two); 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.

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. Read more here.

Cases

Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 4) [2021] FCA 1219
DAMAGES – consideration of a claim under section 236(1) of the Australian Consumer Law (ACL), schedule 2 to the Competition and Consumer Act 2010 (Cth) – consideration of the principles to be applied in determining whether a claimant has suffered loss “because of the conduct of another person” in circumstances where the conduct contravenes sections 18 and 29 of the ACL – consideration of loss suffered by a third person as a result of a representation made by the respondents to entities other than the applicant.
COMPETITION – consideration of the legislative norms in sections 18, 29 and 236(1) of the ACL – consideration of a claim for the recovery by action of a loss said to have been suffered “because of the conduct of another person” in circumstances where the conduct contravenes sections 18 and 29 of the ACL.
Competition and Consumer Act 2010 (Cth), Schedule 2, sections 18, 29, 236; National Measurement Act 1960 (Cth).
National Measurement Regulations 1999 (Cth), Regs 37, 58, 60.

Blenner's Transport Qld Pty Ltd & Anor v Dowling [2021] QDC 249
1. Judgment for the first plaintiff and second plaintiff against the defendant in the sum of $545,312.25.
CIVIL PROCEEDING – negligence – bailee – whether the defendant owe the plaintiffs a duty of care – whether the defendant breach his duty of care to the plaintiffs – the defendant’s breach of duty cause the plaintiffs’ loss and damage – whether the loss and damage foreseeable and not to remote – whether the first or second plaintiff contributorily negligent – what is the assessment of damages (if any).
Civil Proceedings Act 2011 (Qld) section 58; Transport Operations (Road Use Management Road Rules) Regulation 2009 (Qld) section 300; Work Health and Safety Act 2011 (Qld) section 267.
[1] The first and second plaintiffs, who were respectively goods carriers and truck owners, sue the defendant driver for $581,991.00 because he lost control and crashed the fruit laden truck amidst answering his mobile phone.
[2] The defendant says that his judgment (in answering the call) was impaired due to cumulative fatigue, the plaintiffs’ system of progress calls, and/or the absence of an integrated handsfree device in the truck.

Legislation

Commonwealth

Act compilation

Coastal Trading (Revitalising Australian Shipping) Act 2012
15/10/2021 – Act No. 55 of 2012 as amended.

Customs Tariff Act 1995
11/10/2021 – Act No. 147 of 1995 as amended.

Regulations

Industrial Chemicals (General) Amendment (Minamata Convention on Mercury) Rules 2021
07/10/2021 – this instrument amends the Industrial Chemicals (General) Rules 2019 to prohibit the import or export of mercury that is an industrial chemical consistent with the requirements of Articles 3(6) and 3(8) of the Minamata Convention. 

Gazetted 05 October 2021

National Primary Production Work Diary Exemption Notice 2021 (No.1)

NSW

Bills introduced Government
Modern Slavery Amendment Bill 2021

Bills revised following amendment in Committee
Electric Vehicles (Revenue Arrangements) Bill 2021
Road Transport Legislation Amendment Bill 2021

Bills passed by both Houses of Parliament
Road Transport Legislation Amendment 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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