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Inside track: Transport, Shipping & Logistics

09 August 2021

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

ACCC appeals NSW Ports case
The ACCC has appealed the Federal Court’s decision to dismiss proceedings against NSW Ports Operations and its subsidiaries, The ACCC is challenging the Court’s finding that the competition law did not apply because the state was not carrying on a business when it entered into the Port Commitment Deeds, as well as the findings made by the Court that NSW Ports benefited from derivative Crown immunity (28 July 2021).  More...

Australian shippers hit by double-whammy of soaring rates and tight capacity
Forwarders in Australia are facing the biggest rate increases since the pandemic began, despite carriers insisting the country has more shipping services than ever before. Citing data from UNCTAD, Shipping Australia said there were at least 20 container carriers serving Australia, and the country’s connectivity was the highest since the organisation began recording data in 2006 (06 Australia 2021).  More...

Ocean shipping industry has repeatedly demonstrated anti-COVID measures
Global ocean-going shipping companies have repeatedly demonstrated to the authorities in general that the shipping industry is taking a great number of measures to keep its crews and shore side communities safe from COVID (06 August 2021).  More...

Container ports and landside must solve their problems to resolve freight crisis
New analysis from internationally respected maritime analysts, Sea Intelligence, has conclusively demonstrated that the big, un-tackled problems in the ongoing freight crisis can be found at ports and on the landside (06 August 2021).  More...

Feasibility study into Australian ammonia-based clean fuel supply chain
Major industrial groups, Woodside Energy, “Japan Oil, Gas and Metals National Corporation”, Hokuriku Electric Power Company and the Kansai Electric Power Co, have signed a joint research agreement to study the feasibility of developing an ammonia-based fuel supply chain from Australian to Japan (06 August 2021).  More...

Ports Australia calls for calm in WA
Ports Australia is urging both the Western Australian Government and shipping charterers and lines to work together to avoid circumstances where the State Government is forced to punish or even turn away ships which have passed through ports in high COVID-19 risk nations, calling for greater collaboration between all levels of government across Australia (05 August 2021).  More...

PBS scheme update to drop tyre brand requirement
Performance Based Standards vehicles will soon be able to use a broader range of tyres, according to the National Heavy Vehicle Regulator. The NHVR has developed the data for different tyre sizes and will consult with customers from September about implementation arrangements (02 August 2021).  More...

Forces join up to bring modern slavery down
The Australian Border Force and the Australian Federal Police have marked World Day Against Trafficking in Persons (30 July) by setting out the extent of their partnership leading the whole-of-Government response to modern-day slaverywhich included the implementation of the Modern Slavery Act 2018 to drive positive change by holding businesses publicly accountable for their actions to address modern slavery in their global supply chains (02 August 2021).  More...

Five companies receive funding for EV fast charging stations
The Federal Government is providing $25 million in funding to five companies for new Electric Vehicle (EV) chargers across Australia (03 August 2021).  More...

New CEO announced for Australian Logistics Council
The Australian Logistics Council (ALC) has announced the appointment of a new CEO, commencing in the role on 2 August. Mr Brad Williams has been named ALC’s new Chief Executive Officer (02 August 2021).  More...

AFP Commissioner identifies freight industry as area of concern
The Commissioner of the AFP in Canberra this week singles out the freight and logistics industry as an area of focus of ‘Operation Ironside’. Arrests to date have included many private sector employees across freight forwarding and logistic companies, couriers and trucking firms, in addition to those working at ports, airports and mail centres (30 July 2021).  More...

Serious” potential officer shortage in view, BIMCO and ICS warn
Officer training and recruitment levels must "significantly increase" to avoid a serious shortfall by 2026, the global shipping industry has been warned by its two top representative bodies - the International Chamber of Shipping and Bimco (30 July 2021).  More...

Mind the (innovation) gap: Research reveals governments need to be bigger drivers of transport innovation
A new report released from researchers at RMIT, Curtin and Swinburne Universities, undertaken for AHURI, shows contemporary policy-making is not geared toward innovation resulting in significant opportunity costs for the nation (30 July 2921).  More...

Calls for national unity on COVID testing of interstate drivers
The Victorian Transport Association has joined a growing chorus of affiliate representative groups to petition the Commonwealth Government for a unified, national approach on COVID testing requirements for linehaul interstate heavy vehicle drivers (28 July 2021).  More...

ATSB welcomes appointment of new Chief Commissioner
The Australian Transport Safety Bureau welcomes the Australian Government’s appointment of Angus Mitchell as the agency’s next Chief Commissioner and Chief Executive Officer (28 July 2021).  More...

New community campaign to push for the electrification of transport in Australia
Australia’s newest grassroots campaign, Charge Ahead, will urge policymakers to accelerate the nationwide electrification of cars, buses, trucks and trains in order to reduce transport emissions (29 July 2021).  More...

Port of Newcastle receives new mobile harbour cranes
Port of Newcastle’s Executive Manager Trade & Business Development, Paul Brown, said the mobile harbour cranes will increase efficiency at the Port and provide an enhanced alternative for customers currently moving both oversized equipment and containerised cargoes through the East Coast’s capital city ports (27 July 2021).  More...

Ports Australia supports NSW’ Freight Community System work, urges Federal Gov to take the lead
Ports Australia supports the work of Transport for NSW developing their Freight Community System Strategic Business Case and urges the Federal Government to take the lead on exploring its potential (27 July 2021).  More...

SA operators charged with illegal engine remapping
After an investigation conducted by South Australia Police Heavy Vehicle Enforcement Unit it was found a South Australian produce company had ‘remapped’ the engines of four heavy vehicles to disable the vehicles’ emission limits (26 July 2021).  More...

Published – articles, papers, reports

NHVR: Newsletter
On the Road Issue 120 - 27 July 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

Senate Current Inquiries
Importance of a viable, safe, sustainable and efficient road transport industry
Status: Submissions closed Date Referred: 11 September 2019 Reporting Date: 25 August 2021.

HVIA: ROVER how-to videos other important RVSA and RAV information
The Department of Infrastructure has released new guidance material for the RVSA. The information is all important for heavy vehicle manufacturers when considering whether they will decide to opt-in. Two new determinations under the Road Vehicle Standards Act 2018 (RVSA) came into effect on 1 July 2021. Links to determinations are available on the guides and resources webpage.
RVSA section 6: Road Vehicle Standards (Classes of Vehicles that are Road Vehicles) Determination 2021
RVSA section 6: Road Vehicle Standards (Classes of Vehicles that are not Road Vehicles) Determination 2021

NTC: Heavy vehicle charge consultation
The National Transport Commission (NTC) has issued a consultation regulation impact statement (C-RIS) seeking feedback on a range of options for setting heavy vehicle charges that would apply from 2022–23 onwards. The C-RIS is available here while submissions can be made here. Comments due 24 August 2021.  More...

Supply Chain Resilience Initiative
Under the Supply Chain Resilience Initiative, over $15 million will be designated to establishing a new Office of Supply Chain Resilience. To find out more or apply for a grant under the Supply Chain Resilience Initiative click here. The closing date for submissions is 12 August 2021.

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 webpage here and latest fact sheet.

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: Marine notice 4-2021: Focused Inspection Campaign - Safety of navigation 
This Focused Inspection Campaign (FIC) has been initiated by AMSA and is specific to Australia. It will apply to foreign flagged ships and Regulated Australian Vessels arriving at an Australian port. The FIC will be conducted from 1 August 2021 to 30 September 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...

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...

Inquiry into Port of Melbourne compliance with the pricing order 2021
The Essential Services Commission is undertaking its first five-yearly inquiry into the Port of Melbourne’s compliance with the Victorian Government’s pricing order, to determine whether any non-compliance was significant and sustained. Consultation closes on 3 September 2021.  More...

DAWE: Import Industry Advice Notices 2021 –02 August 2021
164-2021 - Expansion of the Compliance Based Intervention Scheme

DAWE Import Industry Advice Notices – 29 July 2021
162-2021 - Reminder - Revised Minimum documentary and import declaration requirements policy

Australian Customs Notices
Australian Customs Notice No. 2021-30
Indexation of customs duty rates on excise-equivalent goods on 2 August 2021

Reminder
Australian Customs Notice No. 2021-25
Commencement of the Recycling and Waste Reduction (Export - Waste Plastics) Rules 2021
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

SafeWork NSW v South Coast Under Road Borers Pty Ltd [2021] NSWDC 314
1 South Coast Under Road Borers Pty Ltd is convicted. 2 I impose a fine of $375,000.
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of worker
SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine - appropriate penalty
SENTENCING PRINCIPLES - no record of previous convictions - good prospects of rehabilitation - remorse - plea of guilty - assistance to law enforcement authorities
This is a case where the offender had no system in place for the servicing of its heavy vehicles on the premises. It did have substantial systems in place for the directional drilling work that was mainly conducted elsewhere. Mr Marchello was not qualified to work on heavy vehicles.

Downs and Maersk Supply Service (Compensation) [2021] AATA 2445
PRACTICE AND PROCEDURE – application to dismiss an application under s 42A(4) of the AAT Act – application for review of a reconsideration of a determination under the Seafarers Act – Respondent concedes that it had reconsidered the deemed declinature – decision is reviewable by the Tribunal – application dismissed
Administrative Appeals Tribunal Act 1975 (Cth) – ss 37, 42A(4)
Seafarers Rehabilitation and Compensation Act 1992 (Cth) – ss 63, 73, 76, 78, 79, 88(1).

Application by New South Wales Minerals Council (No 3) [2021] ACompT 4
TRADE PRACTICES – application under s 44K(2) of the Competition and Consumer Act 2010 (Cth) for review of the decision of the Commonwealth Treasurer under s 44H not to declare the shipping channel service at the Port of Newcastle – consideration of statutory framework for review – consideration of declaration criteria in s 44ZZCA – whether declaration criterion (a) satisfied – whether access on reasonable terms and conditions as a result of declaration would promote a material increase in competition in the coal tenements market in the Hunter Valley – consideration of commercial, regulatory and economic constraints facing the Port – consideration of prices likely to be charged by the Port for the shipping channel service in the future with and without declaration – whether declaration criterion (d) satisfied – decision of the Commonwealth Treasurer affirmed.

Legislation

Commonwealth

List of Specimens taken to be Suitable for Live Import Amendment (Hydrotimetes natans) Instrument 2021 
06/08/2021 - This instrument amends Part 1 of the List of Specimens taken to be Suitable for Live Import to allow live specimens of Hydrotimetes natans (a weevil) to be imported into Australia.

Gazetted 06 August 2021

Australian Capital Territory Higher Mass Limits Declaration 2021 (No.1)
This instrument declares the areas and routes on which stated categories of HML heavy vehicles can operate at the Higher Mass Limits (HML) stated in Schedule 5 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This Declaration commences on 10 August 2021.

Queensland

Subordinate legislation as made – reminder
No 102 Transport Legislation (Distracted Driver and Other Matters) Amendment Regulation 2021
This Regulation is made under the Forestry Act 1959, Nature Conservation Act 1992, Recreation Areas Management Act 2006, State Penalties Enforcement Act 1999, Transport Operations (Road Use Management) Act 1995. The main policy objectives of the Regulation are to address unsafe driving behaviours by providing that it is an offence for the driver of a vehicle to hold a mobile phone in the driver’s hand or rest a mobile phone on any part of the driver’s body while the vehicle is moving, or is stationary but not parked. This regulation, other than the provisions commenced under subsection (2), commences on 26 July 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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