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Inside track: Transport, Shipping & Logistics

03 May 2021

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

Suez incident highlights importance of managing supply chain risks
The recent grounding of cargo ship Ever Given in the Suez Canal has had a huge impact on shipping between Europe and Asia, disrupting the global supply chain and causing huge losses for businesses and their insurers (23 April 2021).  More...

Container Rates Alert: Shippers on the ropes as long-term contract market rates hit highs and Ever Given chaos continues
Long-term contracted ocean freight rates are continuing their ascent, but the fallout from Ever Given’s Suez Canal blockage has added further pressure to supply chains already stretched by lack of capacity, equipment shortage, port congestion, and the continued ramifications of coronavirus (30 April 2021).  More...

Global shipping companies call on world leaders to start talks on anti-carbon market-based measures
Shipping bodies BIMCO, CLIA, International Chamber of Shipping, World Shipping Council, along with other industry groups, have submitted a proposal to the International Maritime Organization (IMO), calling for the regulatory body to bring forward discussions around MBMs. (23 April 2021).  More...

Supplier financial risk 'biggest threat to supply chains'
Supplier financial risk represented nearly half (48 per cent) of all risk events recorded in 2020, according to a report.
The Covid-19 pandemic took centre stage. however, other forms of risk, including financial health, cyber, compliance, man-made, and natural hazards risk, remain (21 April 2021).  More...

Peak trade bodies call for a new federal regulator
In parallel to threats caused by geopolitical tensions, serious disruption to international supply chains is jeopardising access to markets for Australian traders. 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) (03 May 2021).  More...

DFAT - Red tape slashed on grants to support Australian exporters
The Government's simplified rules for the Export Market Development Grants program will ensure Australian small and medium enterprises are supported to start exporting and grow new markets, leading to jobs and opportunities (28 April 2021).  More...

Australia bans Qatari bulker for 18 months citing appalling conditions
The ASMA announced an 18-month ban for a Qatari-owned bulker after releasing the vessel from a two-month detention. Calling conditions aboard the bulk carrier “appalling,” AMSA cautioned all vessel owners and operators that it has “zero-tolerance for sub-standard ships operating in Australian waters (29 April 2021).  More...

FTA / APSA escalate advocacy on stevedore and empty container park access charges
FTA / APSA recommended that the scope of the NTC review be expanded to examine the potential of regulation to force stevedores (and empty container parks) to cost recover directly against their commercial client (shipping line) rather than via third party transport operators (29 April 2021).  More...

Landside port charges are rising and transport operators are taking the hit
As any transport operator who regularly loads or unloads at a port would know stevedore charges have never been higher. NatRoad is currently engaging with the Federal Government and the ACCC on this subject and is seeking for greater intervention so that price gouging does not occur (29 April 2021).  More...

Freight brokers get green light to collectively bargain
A group of Australian freight brokers have permission from the consumer watchdog to collectively bargain agreements with freight carriers. Lodged by KIS Transport Australia, the notification will remain in force for a period of six years as requested by KIS, instead of the default period of three years, the ACCC announced this week (30 April 2021).  More...

Tasmania orders Finnish ferries after studying domestic construction
The Tasmanian government is hailing the new contract as being a better deal for the country. The Premier told reporters that up to US$70 million worth of local components would be included in the two new ferries and that the overall cost was US$20 million lower than anticipated (30 April 2021).  More...

ONE seeks many big advances in green shipping
Ocean Network Express, a Shipping Australia member, seeks to advance its ambitions in green shipping. As with the first trial, the bunkering and testing period was performed in collaboration with shipowner Mitsui O.S.K. Lines and the leading sustainable biofuel pioneer GoodFuels (30 April 2021).  More...

AusPost reverses perishable freight decision
National mail carrier, Australia Post, has announced it will continue to ship perishable goods despite recently calling an end to that freight task (29 April 2021).  More...

NatRoad warns unfair contracts will send many drivers to the wall in pandemic wake
The National Road Transport Association is warning that large numbers of owner-drivers in the road transport industry face going out of business without urgent Federal Government action on unfair contract terms. (28 April 2021).  More...

Could changes to ADR’s see an uptake of safer heavy vehicles
The Department of Infrastructure has released a discussion paper outlining possible changes to ADRs to enhance the uptake of safety features on heavy vehicles. The department is seeking comments from industry which is open until 30 June 2021 (28 April 2021).  More...

ATA calls for focus on direct, practical safety measures
The Senate road transport industry inquiry should focus on direct, practical safety measures, the CEO of the Australian Trucking Association has said. The ATA submission to the inquiry calls for changes to the assessment of road projects to make safety a priority, as well as requiring that truck rest areas meet Austroads rest area guidelines (29 April 2021).  More...

ALC calls on prompt amendment to the Heavy Vehicle National Law
ALC asked the Committee to endorse the incorporation of its National Operating Standard that is designed to improve the safe operation of heavy vehicles on Australian roads into the HVNL. A copy of the ALC submission to the Committee may be found here ( 28 April 2021).

Consumers 'want greater food traceability'
Consumer demand for more product traceability has prompted the creation of a supply chain guide for food businesses. The Australian Guide to Implementing Food Traceability aims to help firms “comprehensively track and trace food products from the farm gate to the dinner plate” (28 April 2021).  More...

NHVR hits the road for Fatigue Choices initiative
The National Heavy Vehicle Regulator has hit the road for a new initiative that aims to help drivers and operators understand the available options for more flexible fatigue management arrangements (21 April 2021).  More...

Published – articles, papers, reports

Australian Bureau of Statistics
29 April 2021 Resource and energy commodities drive export price rise
International Trade Price Indexes, Australia
27 April 2021 International Merchandise Trade: Confidential Commodities List

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 the latest issue here.

New Standards
AS 5144.4:2021
Industrial trucks - Safety requirements and verification - Driverless industrial trucks and their systems (ISO 3691-4:2020, MOD) Standards Australia

Practice and Regulation

Inquiry into vulnerable supply chains: FTA and Australian Peak Shippers Association (APSA)
Detailed submission: FTA / APSA see the need for the creation of a new federal regulator, along the lines of the US Federal Maritime Commission, to facilitate open and competitive international trade while safeguarding the interests of Australian shippers (exporters, importers and freight forwarders)(30 April 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...

DAWE export industry advice notices
30/04/2021 2021-16 Compliance policy – Nationally harmonised framework for managing biosecurity treatments – survey report
28/04/2021 2021-15 Indonesia Country Recognition Arrangement – Renewal of Australia’s Country Recognition Arrangement with Indonesia

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.

Focused inspection campaign—float-free EPIRBs
We will undertake a focused inspection campaign on float-free EPIRB requirements on domestic commercial vessels over the period 1 February to 30 April 2021.  More...

DAWE import industry advice notices
76-2021 Changes to the lists of approved countries to export live marine and freshwater ornamental finfish to Australia
83-2021 Conclusion of the Burnt Pine Longicorn (BPL) flight season and BPL vessel inspections

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.

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.  More...

Commonwealth Modern Slavery Statement Paper
This would report on modern slavery risks in the Government’s procurement and investment activities and explain the steps taken to identify and respond to those risks, and link with Australia’s Modern Slavery Act 2018
The first Commonwealth Modern Slavery Statement will be published before 31 December 2020. The Commonwealth Modern Slavery Statement scoping paper is available here.

NHVR response on PBS application processing times
The following communique was issued by NHVR Vehicle Safety & Performance Director Peter Austin on 22 April, responding to HVIA’s earlier plea to solve the Performance Based Standards (PBS) approvals crisis.

NHVR: Advanced Fatigue Management (AFM) outreach program
With revised Fatigue Management Standards now in place, it’s the perfect opportunity for operators to consider Advanced Fatigue Management to achieve greater flexibility with work and rest hours. Representatives from the NHVR’s Fatigue and Human Factors team will be travelling around Australia until the end of June holding free, one-on-one consultations to help operators decide whether AFM may be suitable for their unique business requirements. Register your interest here.

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.  
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 [PDF]
Manufacturers – holders of IPAs and VTAs [PDF]
Manufacturers – a checklist covering the transition to the RAV [PDF]

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 2021 February intake.  More...

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.

NATROAD: Qld Bridge and Culvert Restrictions Updated
There have been changes to the Class 1 oversize and overmass load carrying vehicle bridge and culvert restrictions map. View the interactive map for the latest Class 1 oversize and overmass load carrying vehicle bridge and culvert restrictions. You are still required to check the Conditions of Operations database prior to commencing your journey or download the updated KMZ file to use with your choice of mapping software (28 April 2021).

Cases

R v Gallaty [2021] QCA 80
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – OPINION OF TRIAL JUDGE – where the appellant was found guilty of one count of dangerous operation of a vehicle causing death, after a Judge alone trial – where the appellant submits that there was a reasonable hypothesis consistent with innocence open to the trial judge – where the respondent submits that a consideration of the evidence, as a whole, supported findings that the truck was travelling at about 80 kilometres per hour just before it entered the bend; the truck remained within its lane at all material times around that bend; and the heavy vehicle mark was caused by the truck – where once it was found the truck made that mark, a conclusion beyond reasonable doubt that the truck was travelling too fast and was being operated dangerously was plainly open – whether it was open to the tribunal of fact to be satisfied beyond reasonable doubt that the appellant drove the truck and trailer combination into the bend dangerously and that that dangerous operation caused the death of the deceased
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the primary judge found that the appellant had “a significant history of traffic offences” and that the appellant “had developed a habit of driving your truck and trailer to and beyond the limits of their safe operational capacities” and that the appellant had “a cavalier attitude to operating your vehicles at a safe speed in particular” – whether there was a misapplication of the sentencing process, warranting a re-exercise of the sentencing discretion.

Legislation

Gazetted April 2021

Heavy Vehicle National Law - Tasmania Class 1 Agricultural Vehicle Dimension Exemption Notice 2016 - Revocation Notice 2021 (No.1)
29 April 2021 - This Notice revokes the Tasmania Class 1 Agricultural Vehicle Dimension Exemption Notice 2016 (No.1) (the Tasmanian Exemption Notice), which has been superseded by the National Class 1 Agricultural Vehicle and Combination Mass and Dimension Exemption Notice 2020 (the National Exemption Notice). Commences 05 May 2021

Heavy Vehicle National Law - Queensland Class 1 Heavy Vehicle Christmas and Easter Derestriction Exemption Revocation Notice 2021 (No.1)
23/04/2021 - This Notice revokes de-restrictions that previously applied to special purpose vehicles and load carrying vehicles operating in Queensland under certain Notices. Commences 28 April 2021

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.

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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