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Inside track: Transport, Shipping & Logistics

05 October 2021

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

Global supply chains 'close to collapse' – transport workers must move freely
A coalition of transport associations has warned world leaders that supply chains face “collapse” if they can’t end a crisis that has left hundreds of thousands of workers stranded by COVID (30 September 2021).  More...

The workers who fuel the global supply chain warned of a possible ‘systems collapse’ if solutions aren’t found
The workers groups – which represent over 65 million seafarers, truck drivers, and airline workers across the globe – pointed to limits that had been placed on their movement due to the pandemic, including travel bans and additional requirements at borders. Global supply chains face multiple snarls, delaying goods and hiking prices. (30 September 2021).  More...

Fears foreign shipping dogged by drug trafficking
Senator who headed an inquiry into foreign shipping worries there are increased amounts of drugs being trafficked on foreign flagged vessels (30 September 2021).  More...

The push for ESG data is coming to the maritime industry
The corporate world is increasingly linking profitability and sustainability to environmental, social and corporate governance criteria, and the shipping industry can expect both challenges and benefits (29 September 2021).  More...

Patrick rejects ‘price gouging’ allegations
Stevedore Patrick says the money it raises from charging importers and exporters fees to move containers in and out of its ports does not fully offset the money it invests in improving infrastructure, as wharfies prepare to strike in Sydney and Melbourne over pay and conditions (27 September 2021).  More...

EOI for Port of Newcastle container park
Port of Newcastle has opened an expression of interest (EOI) for the potential creation of a new empty container park in its Mayfield Precinct. The EOI for this project will remain open from Thursday 23 September until Friday 5 November 2021 (27 September 2021).  More...

Port strikes threaten to cripple Christmas
Furniture, televisions, electronics, toys, sporting goods and food are facing months of delays as port strikes across the country, triggered by a worsening dispute over union demands for more pay and control of hiring workers. The Maritime Union of Australia has this week escalated already damaging industrial action at Patrick Terminals (26 September 2021).  More...

Victoria releases empty container supply chain report
With a view to modernising Melbourne port’s logistics system, the Strategic review of Victoria’s empty container supply chain report has been released and with it three main recommendations and eight sub-recommendations (23 September 2021).  More...

Call to make rest stop construction mandatory
The federal government should create a national truck rest stop fund to boost jobs, freight efficiency and safety as Australia emerges from COVID-enforced lockdowns, says the National Road Transport Association (30 September 2021).  More...

Heavy vehicle driver apprenticeship proposed for industry
The Transport and Logistics Industry Reference Committee is proposing a new heavy vehicle driver apprenticeship in response to industry’s call to professionalise the role, Australian Industry Standards reports (28 September 2021).  More...

Primary producer concessions added to NHVR app
Users of the National Heavy Vehicle Regulator’s Registration Checker app can now check for primary producer concessions across all eastern states and South Australia, the regulator reports (28 September 2021).  More...

NHVR accepts firm's undertaking over driver fine
The National Heavy Vehicle Regulator has accepted an enforceable undertaking worth $44,000 from Eifers Pty Ltd over driver breaches. Such a move was secured in preference of obtaining a court ordered penalty against one of the company’s drivers (22 September 2021).  More...

Electromobility – a new set of skills challenges
Before the roll-out can happen in earnest, there are a range of significant common challenges that will require a coordinated and strategic approach to resolve. HVIA has already begun to harness the experience and expertise of members and external stakeholders to identify and resolve issues such as standards, legislative and access requirements, and energy infrastructure (22 September 2021).  More...

Transport bodies hail insurance exemption move
Associations representing the trucking, livestock transport and furniture removal sectors have welcomed an exemption from new add-on insurance rules (22 September 2021).  More...

NHVR in Eastern Freeway chain of responsibility prosecution
Four parties linked to Melbourne’s fatal Eastern Freeway truck crash last year are facing National Heavy Vehicle Regulator chain of responsibility prosecution (21 September 2021).  More...

NatRoad backs unfair contract law changes
Draft legislation to improve protections for small businesses against unfair contract terms are on the right track but more needs to be done, the National Road Transport Association has told federal treasury (20 September 2021).  More...

Published – articles, papers, reports

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 124 – 22 September 2021. Click here for the newsletter archive.

Practice and regulation

Home Affairs Type 3 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 3 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 (30 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.

ATSB marine regulations updated
On 30 September 2021, the Transport Safety Investigation Regulations 2003 will be repealed and replaced by the new Transport Safety Investigation Regulations 2021. These regulations will update the descriptions for vessel types and reportable matters to align with terminology in the Navigation Act 2012. The commencement of the new regulations will require the following vessel types to report certain occurrences to the ATSB. Click here for more information.

Maritime Safety Awareness Bulletin issue 14 – navigation safety
Particular issues associated with the use of Electronic Chart Display and Information Systems. We look at case studies, AMSA incident and inspection data, and strategies for safe navigation (22 September 2021). Click here to read more.

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. Learn more here.

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.

Port of Melbourne container logistics chain study report launch
The International Forwarders and Customs Brokers Association of Australia welcomes the Minister for Ports and Freight, Hon. Melissa Horne MP official launch of the Port of Melbourne 2020 container logistics chain study on 6 September 2021. The report and supporting materials can be found on the Port of Melbourne website.

DAWE Import Industry Advice Notices
21/09/2021 204–2021 – removal of two plant products from the Compliance-Based Intervention Scheme
21/09/2021 205–2021 – gateway clearance of sea cargo
24/09/2021 208–2021 – new BICON case for used fish bins
27/09/2021 211–2021 – COLS & CWMS enhancements
29/09/2021 212–2021 – BICON case update – prefabricated office, accommodation units and caravans
01/10/2021 21402921 – officer identification on issued directions

ABF Notices
2021–37 – new restrictions for the import and export of nicotine vaping products
2021–38 – gateway clearance of sea and air cargo
2021–39 – Home Affairs Type 3 Digital Certificate Replacement

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 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

TT Import and Export Pty Ltd v Polytrade Pty Ltd [2021] VCC 1403
CONTRACTS – agreement for hire of shipping containers containing recyclable plastics – whether parties agreed to amend the agreement – mutual assent – terms of amendments – consideration – mitigation of loss – estoppel – late application to amend counterclaim.

CHEVRON AUSTRALIA PTY LTD -v- CBI CONSTRUCTORS PTY LTD [2021] WASC 323
Arbitration – private arbitration – three arbitrators – contract dispute.
Contract concerned CKJV's provision of construction and other related services in furtherance of Chevron's Gorgon offshore oil and gas project being undertaken off the north-west coast of Western Australia. Under the Contract, CKJV were required to provide Craft Labour and Staff to carry out work at the Gorgon Project site on Barrow Island, Henderson, Perth and at various yards in South Korea, China and Indonesia.

Hurley and Collector of Customs [2021] AATA 3381
Application 2017/7566: The decision of the Collector dated 13 December 2017 to make demand for payment of an amount of $1,090,499.27 is set aside and in substitution for that decision there is a decision to make demand for payment of an amount of $424,712.30.
CUSTOMS – decisions of the collector to issue statutory demands for payment of duty – alcohol as a dutiable good – whether there was a failure to keep the dutiable goods safely pursuant to section 35A(1)(a) of the Customs Act – periodic settlement permission to deliver alcoholic beverages into home consumption without payment of duty applied – Caltex principles applied – applicant failed to keep the dutiable goods safely pursuant to section 35A(1)(a).

Legislation

Commonwealth

Regulations

Victoria

Statutory Rules – 28 September 2021
No 121: Road Safety (Drivers) and (General) Further Amendment Regulations 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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