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Inside track: Transport, Shipping & Logistics

24 February 2020

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

Officers respond to incident with two-day company blitz
NSW Police has spent two days examining a truck fleet linked to a fatal hit-and-run in Sydney’s CBD last week. A total of 27 heavy vehicles were inspected at the Wetherill Park Heavy Vehicle Inspection Station, with 26 issued with minor defect notices (21 February 2020).  More...

Ocean shipping companies protecting maritime workers from Novel Coronavirus
Australians can be reassured that ocean freight shipping companies are acting to protect the health of waterfront workers, says peak body Shipping Australia. Shipping lines are taking strict precautions and globally, not one crew members serving on a commercial cargo ship been found to have contracted Novel Coronavirus (21 February 2020).  More...

Heavy vehicle safety services are changing

Minister for Roads and Road Safety, Jaala Pulford, opened a new office earlier this month as part of the transition of state-delivered heavy vehicle services to the national regulator (20 February 2020).  More...

Heavy Vehicle Industry to Benefit as Representation Streamlined

In what is being described as a major coup for the heavy vehicle industry, HVIA has executed a Memorandum of Understanding (MoU) with the Australian Road Transport Suppliers Association (ARTSA) that will see the organisations change the industry association landscape for the better (20 February 2020).  More...

NHVR commences first prosecution under new Chain of Responsibility laws

The NHVR has commenced its first prosecution under new Chain of Responsibility laws, laying charges against a company director for failing to exercise due diligence to ensure the company complied with its safety duty. NHVR Investigators conducted a safety duties investigation into a Victorian trucking company in relation to fatigue management of its drivers (18 February 2020).  More...

Operator declaration rejection not deemed an interlocutory order

A civil engineering and plant hire firm defending a Heavy Vehicle National Law (HVNL) mass breach has lost a bid to appeal a New South Wales Local Court decision (18 February 2020).  More...

Fatigue technology found to deliver safety benefits
Truck and bus companies have supported the use of Fatigue and Distraction Detection Technology to improve safety outcomes by helping prevent accidents before they occur, rather than looking in the rear vision mirror after the fact (18 February 2020).  More...

ATSB Releases Final Report into YM Efficiency Container Losses
The Australian Transport Safety Bureau (ATSB) has released its final report from its investigation into the loss of containers from the container ship YM Efficiency, saying the loss of 81 containers overboard in very rough seas on July 1, 2018 highlights the importance of safe and effective container stowage planning (15 February 2020).  More...

Hospital waste deposited at unlicensed Melbourne site
The Environment Protection Authority (EPA) Victoria has fined a transport company for unlawfully storing toxic hospital waste in shipping containers at its depot in Melbourne (13 February 2020).  More...

Patrick in access charging adjustment and hike
Patrick Terminal’s approach to container access charging on haulage firms, and therefore Australian traders, has been refined following a review. Along with a change in terminology, the stevedore now delineates between import and export containers, charging more for access to the former (10 February 2020).  More...

Yang Ming box ship released by Australia after 'unnecessary' arrest
Taiwanese shipping line Yang Ming has said normal cargo operations had resumed on the YM Eternity, which had been arrested in Sydney on Sunday. The carrier apologised to customers and claimed the Australian Maritime Safety Authority had arrested the YM Eternity “in a way that caused unnecessary and maximum inconvenience to Sydney customers on a Sunday and without any notice (11 February 2020).  More...

WRF warns on coronavirus impact on supply chains
Major supply chain disruptions are all but inevitable as measures are taken to prevent the spread of novel coronavirus through Australian ports, Western Roads Federation (WRF) says. Australian ports and federal government have mandated that all vessels from China and with Chinese crew arriving before 14 days’ travel time will stand offshore before pilot boarding and eventual docking (07 February 2020).  More...

Trucking industry backs calls for fair payment terms
The ATA has backed the key draft recommendations of the small business ombudsman’s Supply Chain Finance Review, which calls for fair payment terms and controls on supply chain financing (07 February 2020).  More...

Published – articles, papers, reports

Loss of containers overboard involving YM Efficiency, 16 NM east-south-east of Newcastle, NSW, on 1 June 2018

ATSB Investigation number: 344-MO-2018-008: 13 February 2020

The ATSB determined that the loss of containers overboard occurred because forces generated during the sudden, heavy rolling placed excessive stresses on containers stowed aft of the ship’s accommodation.  More...

The Research Report: Phase 2 Fatigue and Distraction Detection Technology Use in the Australian Road Freight Transport Sector
NHVR: released 18 February 2020
According to the research, companies reported that the technology showed distraction events outnumbered fatigue events by four to one. The study included information obtained from interviews with 80 transport and bus company employees – including drivers, owners, schedulers and safety staff – from 12 road freight and bus companies.  More...

Effectiveness of Drink Driving Countermeasures: National Policy Framework
AP-R613-20: 18 Feb 2020 This report provides an Australian policy and regulatory framework to encourage effective reforms to reduce and prevent drink driving and riding. The key recommendations to reduce drink driving across Australia.  More...

Practice and Regulation

MIAL: Coronavirus update: latest news
In terms of the requirements for people coming to Australia, the general prohibition on persons (non-citizens and residents) who have come from mainland China within 14 days remains in place.
Requirements for commercial shipping remain the same, as detailed in ABF Fact sheets
The government advice does not preclude a vessel docking within 14 days of departure, only that crew must stay on board the vessel until 14 days after visiting China (provided no symptoms are evident). Some ports are, however, implementing more stringent requirements, which in effect prevent a vessel arriving within 14 days. These differing requirements are understandably causing some confusion (17 February 2020).  More...  

TT Club has published useful guidance for freight forwarders
The Coronavirus and Freight Forwarding - how managing the spread of coronavirus is impacting freight forwarders and logistics operators  (13 February 2020).  More... 

AMSA Consultation
Feedback on draft Marine Order 58 (Safe management of vessels) reissued Order 2020
Closing date 06 March 2020  https://www.ttclub.com/resources/coronavirus-guidance/ 

ASMA: YM Efficiency community information sessions
In February, we'll be hosting community information sessions for people who live or work in the Newcastle-Port Stephens region about removal of the YM Efficiency containers. More... 

dnata Amendment of Terminal Service Fees Schedule - Effective 1 March 2020
dnata has today issued the following Customer Notice and Amended Tariff of Terminal Service Fees effective on 1 March 2020.   More...

Australian Customs Notice No. 2020/08 - Rates of Exchange and the Day of Exportation – Valuation Date Treatment Clarified
For considerable time, the Valuation Date for applying the rate of exchange on the Import Declaration has been impacted by ascertaining the date at the place of export. ie. where goods are packed in a container, the day of exportation is the day the container leaves the place where it was packed.  The ABF has issued an ACN clarifying the position and requirements in using shipped on board the vessel date’, to better assist brokers.
Valuation Date Treatment Clarified - ACN 2020/08 - Rates of Exchange and the Day of Exportation (06 February 2020).  More...

Patrick Terminals – Landside Access & Terminal Ancillary Charges: Effective from 9 March 2020  
Patrick have announced increases to various Landside Access and Terminal Fees, effective 9 March 2020. The Landside charge will be applied to both road and rail transport operators for all full container movements, both import and export, made at the Terminals. In addition, Patrick has adjusted its other Terminal Ancillary charges. The latest Landside and Terminal Ancillary Tariffs have been published on Patrick’s website (www.patrick.com.au).  More...

HVIA ADR 38/05 – Trailer Brake Certification
HVIA reminds members that brake calculations required for trailer IPAs or additional testing, must be submitted and approved by the 30th April 2020 (12 February 2020).  More...

AFIF: Reminder:  AFIF Model Standard Trading Conditions of Contract Updated – Free to AFIF Members 
The AFIF Model Standard Trading Conditions of Contract, contains updated conditions in relation to IMO SOLAS VGM, Unfair Contracts Legislation and Heavy Vehicle National Law - Chain of Responsibility amendments.  AFIF Members can obtain their copy and the accompanying User Guide as an included benefit of their AFIF Membership by contacting afif@afif.asn.au

 NHVR: Minor law changes coming on February 28
Minor amendments to the National Heavy Vehicle Law are coming on February 28. The changes remove inconsistencies between self-clearing defect notices, minor and major defect notices (18 February 2020).  More...

NHVR Consultation: Draft Heavy Vehicle Productivity Plan 2020-2025 (HVPP) 
The HVPP offers a pathway forward to meet the ambitions of government and the heavy vehicle industry and will be further informed through this next phase of consultation. Submissions close on 13 March 2020.  More...

NTC:  Heavy vehicle charges consultation paper
Publication date 11 December 2019. Submissions close on 28 February 2020
NTC are seeking feedback on the Transport and Infrastructure Council’s preference for heavy vehicle charges to increase by 2.5 per cent in 2020–21 and 2.5 per cent in 2021–22. View the NTC's heavy vehicle charges consultation report.  More...

NHVR: HVSI program funding 2020-21
Projects must be implementable, begin in the 2020-21 financial year and be completed by June 30, 2023 – and applications are open until February 21, 2020. The funding is focused towards groups and projects delivering safety benefits for the heavy vehicle industry and all road users.  More...

AIS: Transport and Logistics Industry Reference Committee Projects
The Case for Endorsement will be considered at the Committee’s first meeting in 2020.
TLI Chain of Responsibility 
TLI Heavy Vehicle Driver Safety
TLI Freight Forwarding

Reminder: Anti -Slavery Act
The first reporting year for companies with the Australian financial year is 1 July 2019 - 30 June 2020 so businesses should be aware of these obligations this year.  More...

Cases

Chalouhi Enterprises Pty Ltd v Roads and Maritime Services [2020] NSWSC 66
APPEAL – Crimes (Appeal and Review) Act 2001 s 53(3)(b) – application for leave to appeal from Local Court to Supreme Court against interlocutory order – meaning of “interlocutory order” – Magistrate’s ruling on a preliminary point not interlocutory order – no jurisdiction to hear and determine application – in any event, leave to appeal should be refused
Crimes Act 1900 (NSW); Crimes (Appeal and Review Act) 2001 (NSW); Heavy Vehicle National Law 2013 (NSW); Supreme Court (Corporations) Rules 1999 (NSW)

Silver Holding Australia Pty Ltd v Penton Cargo & Customs (Aust) Pty Ltd (Civil Claims)[2020] VCAT 180
Claim against a trucking company for alleged loss of goods – applicant holding burden of proof – claim not proven.

Legislation

Commonwealth

Notice of application under the Environment Protection (Sea Dumping) Act 1981 - Cruise Whitsunday Pty Ltd
Pursuant to Section 25 of the Environment Protection (Sea Dumping) Act 1981, notice is hereby given that:
An application was made on 20 December 2019 by Cruise Whitsunday Pty Ltd (ACN 105 420 737), 24 The Cove Road, Port of Airlie, AIRLIE BEACH, QLD 4802, to load and dump at sea, a maximum of 3000 Litres per day of sewage sludge and greywater resulting from persons using the overnight accommodation facilities on-board tourist pontoons located at Hardy Reef (19-135).
Bills

Export Charges (Imposition—General) Amendment Bill 2019
Senate 13/02/2020 - Introduced with the Export Charges (Imposition—Customs) Amendment Bill 2019 and Export Charges (Imposition—Excise) Amendment Bill 2019, the bill amends the Export Charges (Imposition—General) Act 2015 to make amendments consequential on the enactment of the Export Control Bill 2019 and the proposed repeal of the Export Charges (Collection) Act 2015.

Export Charges (Imposition—Excise) Amendment Bill 2019
Senate 13/02/2020 - Introduced with the Export Charges (Imposition—Customs) Amendment Bill 2019 and Export Charges (Imposition—General) Amendment Bill 2019, the bill amends the Export Charges (Imposition—Excise) Act 2015 to make amendments consequential on the enactment of the Export Control Bill 2019 and the proposed repeal of the Export Charges (Collection) Act 2015.

Export Charges (Imposition—Customs) Amendment Bill 2019
Senate 13/02/2020 - Introduced with the Export Charges (Imposition—Excise) Amendment Bill 2019 and Export Charges (Imposition—General) Amendment Bill 2019, the bill amends the Export Charges (Imposition—Customs) Act 2015 to make amendments consequential on the enactment of the Export Control Bill 2019 and the proposed repeal of the Export Charges (Collection) Act 2015.

Export Control (Consequential Amendments and Transitional Provisions) Bill 2019
Senate 12/02/2020 - Introduced with the Export Control Bill 2019 to create a new framework for regulating the export of goods, including agricultural products and food, from Australian territory, the bill: repeals 19 Acts; makes consequential amendments to nine Acts; and provides for transitional arrangements.

Export Control Bill 2019
Senate 12/02/2020 - Introduced with the Export Control (Consequential Amendments and Transitional Provisions) Bill 2019, the bill streamlines and consolidates existing legislation to create a new framework for regulating the export of goods, including agricultural products and food, from Australian territory.

Offshore Petroleum and Greenhouse Gas Storage Amendment (Cross-boundary Greenhouse Gas Titles and Other Measures) Bill 2019
Senate 12/02/2020 - Introduced with the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Miscellaneous Measures) Bill 2019, the bill amends the Offshore Petroleum and Greenhouse Gas Storage Act 2006 to: provide for the grant and administration of single greenhouse gas (GHG) titles that straddle the boundary between Commonwealth waters and state or Northern Territory (NT) coastal waters; enable unification of adjacent Commonwealth GHG titles; and strengthen and clarify the powers of National Offshore Petroleum Safety and Environmental Management Authority inspectors during oil pollution emergencies.

NSW

Regulations and other miscellaneous instruments
Heavy Vehicle National Legislation Amendment Regulation 2020 (2020-61) — published LW 21 February 2020
Heavy Vehicle (Adoption of National Law) Amendment (Penalties) Regulation 2020 (2020-41) — published LW 14 February 2020

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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