In the media

Supply chain price rises spur ACCC inquiry

Supply chain disruptions to the construction industry are likely to persist beyond the middle of 2022, according to a global risk survey (Oxford Economics) (15 September 2021). More...

Shipping Australia welcomes ACCC probe Shipping Australia notes that the Australian Competition and Consumer Commission will be investigating the current shipping environment and welcomes the investigation as it will show that the current issues are caused by normal market mechanisms (15 September 2021). More...

Shipping Australia urges streamlining of fuel excise paperwork and processes Shipping Australia has for many years canvassed for the abolition or simplification of unnecessary processes and paperwork in the excise administration for fuel (10 September 2021). More...

VTA charges Port of Melbourne study with overlooking wharf carriers Landside road transport operators copping the brunt of port-related cost hikes have been overlooked in the Port of Melbourne’s 2021 container logistics supply chain study, according to the Victorian Transport Association (15 September 2021). More...

Technology continues to be a catalyst for efficiency gains Port authorities have implemented a then-world-leading hi-tech navigation system incorporating wave motion, the Earth’s curve and tidal data. At Port Hedland, efficiency measures also mean the extension of the shipping window to enable more vessels to sail on high tide and an increase in the amount of product they carry (18 September 2021). More...

Pulse update: Freight shortage stymies new crop sales The ongoing shortage of empty containers to pack, compressed turnaround times and limited windows for shipment has fuelled increased interest in bulk shipments, and unbooked slots are limited as Australia prepares to export a string of mainly canola and wheat vessels (17 September 2021). More...

Transport bodies call for national COVID testing sites The nation’s peak trucking bodies are calling on the Australian Government to establish COVID testing points, in a bid to reduce test result waiting times and support vaccination requirements (17 September 2021). More...

Rail freight action plan launched The Australasian Railway Association (ARA) has released its action plan to support greater use of rail freight. ARA Chief Executive Officer Caroline Wilkie says the plan outlined a significant program of work to improve the regulatory environment, promote investment in rail and increase rail freight’s modal share (17 September 2021). More...

NatRoad: Don’t load high productivity vehicles with more costs In light of the current pandemic, NatRoad is calling on the Victorian Government to postpone new regulations that will mandate costly mass technology for high productivity freight vehicles (16 September 2021). More...

Liquefied green hydrogen shipping from Australia to Japan under the microscope Four Japanese companies have signed a memorandum of understanding with Australia’s Stanwell Corporation and APT Management Services to carry out a $10.4m (US$7.6m) feasibility study for liquefied green hydrogen shipping from Australia to Japan (15 September 2021). More...

Geo-political tensions fuel supply chain disruption and innovation New research has revealed investing in technology and innovation will be key to resilient and sustainable supply chains. Research conducted by Asialink Business has pinpointed pandemic impacts, geopolitical tensions and rising shipping costs as main factors to the unprecedented strain on supply chains. Download the report here (16 September 2021). More...

Funding boost for heavy vehicle safety projects The Liberal and Nationals Government is taking further action to keep motorists safe on our roads with an investment of almost $5.5 million in 28 road safety projects through the Heavy Vehicle Safety Initiative (09 September 2021). More...

HVIA interactive online training endorsed to improve heavy vehicle safety HVIA's “safety through education” project will receive key funding through the NHVR’s Heavy Vehicle Safety Initiative, supported by the Federal Government (09 September 2021). More...

Truckies unveil six-point plan for COVID-safe trucking The National Road Freighters Association, a grass-roots body representing truckies and small-fleet operators, has sent authorities what it believes is a roadmap to help the industry safely navigate its way through COVID (15 September 2021). More...

Hybrids surge with sales almost doubling; electric vehicle sales continue to rise Nine out of 10 new taxis and commercial passenger vehicles purchased in Australia last year were electric or hybrid, as the trend towards greener vehicles grows, according to the latest report from the NTC on carbon dioxide emissions intensity for new light (13 September 2021). More...

Australian Logistics Council project endorsed to improve heavy vehicle safety The ALC increasing awareness and understanding of the master code in the supply chain project will receive key funding through the National Heavy Vehicle Regulator’s Heavy Vehicle Safety Initiative, supported by the Australian Government (10 September 2021). More...

Make rest stop construction mandatory to build jobs and safety 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. NRTA CEO Warren Clark said border delays that caused fatigue issues for heavy vehicle operators during the pandemic have underlined the importance of truck rest areas (10 September 2021). More...

Austroads report to inform heavy vehicle road charging reforms Austroads has published a series of reports detailing the findings of a project which has investigated different aspects of the requirements, gaps, and opportunities for supplying infrastructure data suitable for supporting a future heavy vehicle cost recovery and investment process (08 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 123 – 7 September 2021. Click here for more information.

QUT report – applicability of state and territory roadside enforcement powers to automated vehicles – July 2021 07 September 2021 – this report considers roadside enforcement powers in the context of AVs in Australia. Read the report here.

Practice and regulation

Senate current inquiries

Biosecurity Amendment (Enhanced Risk Management) Bill 2021 [provisions] Status: Accepting submissions. Date referred: 02 September 2021. Submissions close: 27 September 2021. Reporting date: 14 October 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 IFAM webpage and latest fact sheet.

SAL submissions September 2021 – SAL21–116 – SAL submission – streamlining excise administration for fuel and alcohol. Read the submission here. Read SAL21–116 attachment 1 – ATO type of voyage and SAL21–116 attachment 2 – ATO bunker fuels.

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. Click here for more information.

AMSA marine notice 4–2021: Focused Inspection Campaign – safety of navigation The 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 until to 30 September 2021. Click here for more information.

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 until 31 August 2021. Click here for more information.

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 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 here.

Australian customs notices 2021–35 – notice of entry into force for Peru of the comprehensive and progressive agreement for trans-pacific partnership

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

Port of Newcastle Operations Pty Limited v Glencore Coal Assets Australia Pty Ltd & Ors [2021] HCATrans 142The declared service in this case is set out in the judgment of the full court at paragraph 88 and it is defined as: the provision of the right to access and use the shipping channels (including berths next to the wharves as part of the channels).

AAI Limited trading as Vero Insurance v Technology Swiss Pty Ltd [2021] FCAFC 168INSURANCE – subrogation and recoupment – whether and to what extent insurer entitled to recoup from proceeds of third party claim – where insurer paid global sum to insured in settlement of claim on policy of indemnity – whether terms of settlement deed revealed mutual intention that part or all of sum was in respect of loss for which insured claimed on the indemnity. Marine Insurance Act 1909 (Cth) sections 68, 85(2) and 87 1. The appeal and cross-appeal be dismissed. On 6 December 2014 the respondent shipped a consignment of fog cannons from Melbourne to Bangkok, the cost, insurance and freight value of which was $770,095.58. It did so by contracting with a freight forwarder, Famous Pacific (Vic) Pty Ltd. During the voyage the fog cannons were damaged as a result of having moved during transit, most likely due to inadequate stowage. The damage to the fog cannons was discovered during routine survey after they were unloaded from the CMA CGM Quartz in Bangkok.

Sula and K&S Freighters Pty Ltd (Compensation) [2021] AATA 3058COMPENSATION – decision not to accept liability for left elbow condition – nature of condition – nature of incident – credibility of applicant – condition is an aggravation of a disease and so an injury – whether claim excluded for wilful and false representation – decision set aside and remitted Safety, Rehabilitation and Compensation Act 1988.

In re the Takata Airbags Class Actions Settlement (Preliminary Orders) [2021] NSWSC 1153REPRESENTATIVE PROCEEDINGS – Civil Procedure Act 2005 (NSW) sections 162, 173, 175, 176(1), 176(2) – where six sets of representative proceedings are the subject of a deed of release and settlement – application for preliminary orders to facilitate proposed later application for approval of settlement.

Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company v Cheng [2021] NSWSC 1141CONTRACTS – formation – acceptance of offer – whether offer to purchase vessel accepted orally or in writing prior to purported withdrawal of offer – binding contract formed by acceptance of offer prior to withdrawal. CONTRACTS – express terms – precontractual statements – whether contract for sale of vessel included a term that the vessel would “fit” in a dock – no representation made that the vessel would “fit” in the dock. CORPORATIONS – contracts – agency – whether contract entered into with the express or implied authority of the company – implied authority to bind company to contract through acquiescence of the board. DAMAGES – mitigation of loss – whether costs incurred in mitigation are too remote to be recovered – mitigation results in crystallisation of loss.

Legislation

Commonwealth

Customs Tariff Amendment (2022 Harmonized System Changes) Act 202107/09/2021 – Act No. 91 of 2021 as made.

Customs Amendment (2022 Harmonized System Changes) Act 202107/09/2021 – Act No. 90 of 2021 as made.

Offshore Petroleum and Greenhouse Gas Storage Amendment (Titles Administration and Other Measures) Act 202107/09/2021 – Act No. 96 of 2021 as made.

Regulations

Transport Safety Investigation Regulations 202109/09/2021 – this instrument prescribes various matters required to give effect to provisions in the Transport Safety Investigation Act 2003, such as defining specific occurrences constituting reportable matters, listing persons responsible for reporting and nominating officials for receiving reports, and repeals the Transport Safety Investigation Regulations 2003.

NSW

Regulations and other miscellaneous instruments Petroleum (Onshore) Amendment Regulation 2021 (2021–526) – published LW 10 September 2021. The object of this regulation is to amend the Petroleum (Onshore) Regulation 2016 to remove the current restriction limiting the beneficial use of gas for an assessable prospecting operation authorised by an activity approval to a period of 1,000 days only and to remove the royalty exemption that applies to certain cases.

Victoria

Transport Legislation Amendment (Transport Plan) Bill 2021 Date of second reading speech: 8 September 2021. Amends the Transport Integration Act 2010 to require the transport plan to include a hierarchy of modes of transport and targets for the transport sector.