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Inside track: Transport, Shipping & Logistics

29 June 2021

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

Congestion is causing vessel delays that are equal to removing ALL ultra-large container ships from the market
Unprecedented congestion and the resulting delays to vessels have the effect of removing vast amounts of capacity from the world container shipping fleet, internationally respected maritime analyst company Sea-Intelligence has indicated (18 June 2021).  More...

Australia Darwin ships first iron ore cargo in 6 years
Iron ore will leave the Northern Territory port of Darwin, the first shipment since 2015 as persistently strong iron ore prices drive more marginal iron ore producers into production across Australia (23 June 2021).  More...

Ports Australia, Port of Brisbane, Gladstone Ports awarded runner-up prizes in IAPH Sustainability Awards
Ports Australia was shortlisted as a finalist for its Port Sustainability Strategy Development Guide, Port of Brisbane for their Brisbane International Cruise Terminal, Gladstone Ports Corporation for their Expansion of community parklands project (26 June 2021).  More...

AMSA conducting marine environment low sulphur fuel oil study
The Australian Maritime Safety Authority (AMSA) is conducting research throughout 2021 into how Very Low Sulphur Fuel Oils (VLSFOs) behave if spilled into the Australian marine environment (23 June 2021)..  More...

International Day of Seafarer highlights importance of shipping to Australia’s economic security
Seafarers are being recognised today for their invaluable efforts to keep Australia’s economy moving during the COVID pandemic, ensuring health supplies and other essential goods continued to reach our island nation throughout the crisis (25 June 2021).  More...

ARTSA-i releases replacement parts guide
The ARTSA-institute has released a new ‘Good Practice Guide for Supply of Replacement Parts for use on Heavy Vehicles’, which aims to raise awareness about safety-critical replacement parts and supply practices (25 June 2021).  More...

Fuel security legislation passes Senate
The Federal Government’s new measures to lock in the future of the local petroleum refining sector and to reduce the country’s vulnerability in the event of interruption to offshore supplies have been passed in the Australian Parliament (25 June 2021).  More...

ATA cheers as fuel security Bills pass Parliament
Federal Parliament’s passage of fuel security Bills this week will improve Australia’s fuel security and keep the trucking industry moving in times of emergency, according to the Australian Trucking Association (ATA)(24 June 2021).  More...

Global Energy Ventures signs propulsion system development agreement for pilot-scale C-H2 ship
Perth-based Global Energy Ventures (ASX:GEV) has signed an agreement with smart marine technology company Wärtsilä Australia Pty Ltd to develop a propulsion system for its pilot-scale compressed hydrogen (C-H2) ship (24 June 2021).  More...

Axle mass limits key to any changes on vehicle width
HVIA is strongly opposed to changes to trailer width, but if the government does decide to change trailer width, manufacturers who would require retooling must be compensated by a targeted assistance package to defray the costs of the transition (23 June 2021).  More...

NSW on the right track on cutting red tape and investing in infrastructure
The Australian Logistics Council (ALC) welcomed the NSW Budget brought down today as a step towards both the reduction of red tape as well as investment in the critical infrastructure that will keep freight moving in and around the State (22 June 2021).  More...

NSW electric vehicle strategy welcomed but the needs of freight must be considered
The ALC has welcomed the release of the NSW Government’s comprehensive Electric Vehicle Strategy however the needs of the Australian freight industry should not be forgotten. In the Australian Government 'Future of Fuels' discussion paper, rigid trucks and long haul trucks will need dedicated public charging infrastructure, due to their larger batteries (21 June 2021).  More...

Heavy rigids lead improvements in fatal truck crashes
After years of resisting the falling trend in heavy vehicle fatal crashes and fatalities, heavy rigids have made a solid and all too welcome reversal in the past two years. The BITRE figure for the first quarter of this year reflect the sort of divergence heavy articulated trucks previously led, the latter now trending slightly upward (21 June 2021).  More...

Industry faces challenges on visibility of subcontractor safety practices
Tier 1 transport and logistics operators are being confronted with the issue of managing safety across their wider work force. Under chain of responsibility laws any party of influence that fails to properly ensure Heavy Vehicle National Law compliance can be found culpable (18 June 2021).  More...

Roads Australia releases latest strategic plan
Roads Australia has released the latest iteration of its three-year rolling Strategic Plan, outlining how it will bring industry, government and communities together – leading progress in Australia’s roads, integrated transport and mobility networks (18 June 2021).  More...

Published – articles, papers, reports

RA Strategic Plan 2021-23
Road Australia: 18 June 2021
Will help lead the industry’s evolution as they become more diverse, inclusive and sustainable in approaches to delivering safe and efficient transport infrastructure that meets the needs of a growing population. Policy objectives for 2021 are built around four key themes – Resilience, People, Place Making and Data and Technology.  More...

NHVR: Newsletter
Latest edition - On the Road Issue 116 - 15 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

AMSA: HF radiotelephone monitoring in Australia
From 1 January 2022, AMSA will provide 24-hour nationwide monitoring of high frequency (HF) 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 (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...

ASQA approves extended transition period for qualifications from the MAR Maritime Training Package
In some cases, ASQA is empowered to approve transition periods longer than those detailed in Clauses 1.26 (a), (b) and (c) of the Standards for Registered Training Organisations 2015. ASQA has recently approved the following extended transition periods for qualifications from the MAR Maritime Training Package (18 June 2021).  More...

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.

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: Release of ADR Amendment Omnibus
DITRDC will now manage minor changes to ADR’s via periodic “omnibus” instruments which will contain a number of changes in one instrument. The first of these instruments for 2021, Vehicle Standard (Australian Design Rule) Amendment Instrument 2021 (No.1), was released by the Department. The Department has issued an explanation note for each of the changes, which can be found here. The omnibus, itself outlines the specific changes and can be found here (09 June 2021). 

HVIA: Implementation team lined up to address RVSA
The Department of Infrastructure has released two new guidance documents the Guide to Vehicle Type Approval Opt-in Arrangements and the Guide to Vehicle Type Approvals. HVIA has updated its checklists for Manufacturers regarding Identity Plate Approvals and Vehicle Type Approvals to incorporate references to these new documents. HVIA’s RVSA Checklist for Manufacturers– IPAs and VTAs. Manufacturers of vehicles are encouraged to read these documents to ensure they are prepared for the implementation of the new legislation which commences on 1 July 2021.

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

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 2022 February intake.  More...

DAWE: Import industry advice notices 2021
24/06/2021 137-2021 COVID-19 Impact on Biosecurity Operations in NSW
23/06/2021 136-2021 Re-finalisation of AIMS FID entries post broker initiated amendments
23/06/2021 135-2021 New biosecurity first point of entry determinations commenced 16 June 2021
23/06/2021 134-2021 Temporary changes to import certificate requirements for fresh produce, cut flowers, plants and other imported plant-based commodities extended to 30 June 2022
23/06/2021 133-2021 Temporary changes to import certificate requirements for imported animals, biological and animal-based goods extended to 30 June 2022
18/06/2021 125-2021 Applications to change the end use of imported biological goods (repurposing)

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

R v Lyons [2021] QCA 136
The appeal against conviction is allowed, the verdict of guilty on each count is set aside and a retrial is ordered on each count.
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – where the appellant was convicted of five counts of fraud to the value of over $30,000.00 and three counts of fraud – where the fraud was allegedly committed by the appellant in the course of operating a business importing vessels – where the appellant gave evidence in her own defence – where the prosecution case was supported by a considerable body of documentary evidence – whether the verdict of guilty on each count was unreasonable or unsupported by the evidence
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – OTHER MATTERS – where dishonesty was an element of each count – where the trial judge failed to identify the knowledge, belief or intent said to render the appellant’s acts dishonest
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – JOINT TRIAL OF SEVERAL COUNTS – where the appellant was convicted of five counts of fraud to the value of over $30,000.00 and three counts of fraud
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISCARRIAGE OF JUSTICE – GENERALLY - each of the three complainants ... engaged with Ms Lyons to use her services as a freight and import broker to transport  vessels  that each of them were negotiating to buy in the United States back to Australia 

MINERALOGY PTY LTD v SINO IRON PTY LTD [No 2] [2021] WASCA 105
Practice and procedure - abuse of process - practice and procedure - whether claim for 'reflective loss' disclosed reasonable cause of action or constituted abuse of process - iron ore products from the ore for sale or export, Mineralogy Royalty, notional export value

Gippsland Ports Committee of Management Incorporated T/A Gippsland Ports [2021] FWCA 3597
Fair Work Act 2009 s.185—Enterprise agreement
Application for approval of the Gippsland Ports Enterprise Agreement 2020.

Royal Caribbean Cruises Ltd v Browitt [2021] FCA 653
PRIVATE INTERNATIONAL LAW – anti-suit injunction – whether proceeding against the first applicant in Florida is in breach of an exclusive jurisdiction clause – whether the first applicant is a party to or has rights under the exclusive jurisdiction clause – whether the second applicant can enforce the exclusive jurisdiction clause with respect to a proceeding against the first applicant – whether Florida proceeding is vexatious and oppressive
CONTRACTS – whether carrier’s standard terms and conditions were incorporated into the contract of carriage – whether signature by customer of the travel agent’s terms and conditions which provided for bookings on the carrier’s terms and conditions was sufficient to incorporate the latter – whether reasonable notice of the carrier’s standard terms and conditions was given to the customer

DSE Transport Pty Ltd v Conglomeration Pty Ltd [2021] NSWDC 251
(1) Judgment for the plaintiff for $163,657.25.
CONTRACT – claim for liquidated sum – cross-claim
DSE provided the following services to the defendant:
(a) “Point-to-point’ services, namely the provision of drivers and trucks to a customer to transport goods or freight in between pre-booked locations.
(b) Warehousing and packaging services, namely empty pallets, pallet wrapping material (such as bubble-wrap and shrink-wrap) to palletise freight and also storage services

Legislation

Commonwealth

Bills

Customs Amendment (Banning Goods Produced By Forced Labour) Bill 2021 
Senate 24/06/2021 - The purpose of the Customs Amendment (Banning Goods Produced By Forced Labour) Bill 2021 (the Bill) is to ban absolutely the importation of goods that are produced in whole or part by forced labour.

Biosecurity Amendment (Strengthening Penalties) Bill 2021
Finally passed both Houses - 23/06/2021 - 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

Customs Tariff Amendment (2022 Harmonized System Changes) Bill 2021
HR – 23/06/2021 - The purpose is to amend the Customs Tariff Act1995 (the Customs Tariff Act) to implement the outcomes of the World Customs Organization’s sixth review of the Harmonized Commodity Description and Coding System (the Harmonized System).  More...

Customs Amendment (2022 Harmonized System Changes) Bill 2021 
HR 23/06/2021 - The purpose of the Customs Amendment (2022 Harmonized System Changes) Bill 2021 (the Bill) is to amend the definition of ‘tobacco products’ in subsection 4(1) of the Customs Act 1901 (the Customs Act) to include a reference to new subheading 2404.11.00 of Schedule 3 of the Customs Tariff Act 1995 (Customs Tariff Act).

Regulations

Great Barrier Reef Marine Park Amendment (No-Anchoring Areas) Regulations 2021 
24/06/2021 - This instrument amends the Great Barrier Reef Marine Park Regulations 2019 to create new strict liability offence and infringement notice offence provisions for anchoring in a declared no-anchoring area.

Road Vehicle Standards (Verification of Road Vehicles) Determination 2021 
25/06/2021 - This instrument sets out the requirements that apply where the holder of an authorised vehicle verifier approval is verifying a road vehicle that has been manufactured or modified by the holder of a registered automotive workshop approval, in accordance with an approved Model Report.

Customs and Biosecurity Amendment (Deferred Charges for Australian Trusted Traders) Regulations 2021 
24/06/2021 - This instrument allows Australian Trusted Trader (ATT) importers to defer payment of additional taxes and charges in relation to certain imported goods instead of paying on a transactional basis.

Road Vehicle Standards (Model Reports) Determination 2021 
24/06/2021 - This instrument sets out the content that must be included in a Model Report and the form it must take. 

Road Vehicle Standards (Limit of Acceptable Damage or Corrosion) Determination 2021
24/06/2021 - This instrument sets out the limits of damage or corrosion, or repair of damage or corrosion, that can be present on vehicles which will be entered on the Register of Approved Vehicles (RAV) after being verified by an authorised vehicle verifier. The damage or corrosion limit is intended to ensure that only vehicles of good quality are imported and added to the RAV.

Fuel Tax (Road User Charge—Gaseous Fuels) Determination 2021 
23/06/2021 - This instrument sets the rate of road user charge for taxable fuels for which duty is payable at a rate per kilogram of fuel at 35.3 cents per kilogram.

Gazetted 23 June 2021

National Heavy Vehicle Regulator – Fee for Victorian Services Notice 2021 (No.2) 
23/06/2021 - The purpose of this Notice is to set fees payable for the provision of services connected to the administration of the Heavy Vehicle National Law (HVNL). The fees specified in this Notice relate to heavy vehicles transporting large indivisible items and operating under an escort requirement made under the HVNL

Gazetted 22 June 2021

Wharf Appointment and Revocation (No. 21/14) – Sydney Cove Passenger Terminal - 22/06/2021

Gazetted 21 June 2021

New South Wales Class 2 Safety Productivity & Environment Construction Transport Authorisation Notice 2021 (No.1)
This Notice authorises the use of stated categories of class 2 heavy vehicles that are Performance Based Standards vehicles on the New South Wales SPECT Scheme Network, subject to specified conditions.

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

Proclamations commencing Acts
Road Transport Legislation Amendment (Drink and Drug Driving Offence) Act 2021 No 3 (2021-307) — published LW 25 June 2021
Road Transport Legislation Amendment Act 2020 No 33 (2021-309) — published LW 25 June 2021
Road Transport Legislation Amendment Act 2020 No 33 (2021-308) — published LW 25 June 2021

Regulations and other miscellaneous instruments
Rail Safety National Law National Regulations (Fees) Variation Regulations 2021 (2021-343) — published LW 25 June 2021
Road Transport Amendment (Vehicle Registration) Regulation 2021 (2021-327) — published LW 25 June 2021
Road Transport Legislation Amendment (Penalties, Fees and Charges) Regulation 2021 (2021-328) — published LW 25 June 2021

Bills introduced Government
Electric Vehicles (Revenue Arrangements) Bill 2021

Bills revised following amendment in Committee
Motor Accidents and Workers Compensation Legislation Amendment Bill 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

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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