In the media

The shipping industry is in the spotlight Regardless of the Suez Canal blockade which has stolen the headlines during the past few days, the maritime industry’s importance in the supply chain and the flow of commodities and goods around the world has been highlighted, perhaps in the most prominent way, during the pandemic (27 March 2021). More...

Container and shipping shortage piles pressure on prices The rapid recovery of the global economy that started at the end of the first wave has come with a much faster rebound in global trade than initially expected. This has come with significant supply chain disruptions causing many different types of shortages (02 April 2021). More...

IMO-Singapore Maritime Single Window seeks pilot project; Aus governments and seaports must up their game The International Maritime Organization and the Government of Singapore are seeking expressions of interest from countries with a "medium sized port" for a pilot project to establish a system of electronic data exchange.(26 March 2021). More...

ITF wants Aswan Shipping vessels banned from Australian waters The International Transport Workers Federation (ITF) has called for Australia to ban the ships of Aswan Shipping after two of its bulkers were detained over serious technical problems and labour rights issues. Detained over the past two months by the Australian Maritime Safety Authority (AMSA) are Aswan's 97,000-dwt bulker Maryam (built 2004) and 91,800-dwt-dwt bulker Movers 3 (built 2002) (29 March 2021). More...

Shipping Australia: Interim supply chain study indicates Australia has limited vulnerability The supply of essential goods and services in Australia is not highly susceptible to a short-term disruption to the supply of imported goods, the Productivity Commission has found in its interim report. Vulnerability appears to be quite limited (26 March 2021). More...

Vulnerable supply chains in the spotlight The Productivity Commission’s interim report on Vulnerable Supply Chains suggests Australia is resilient to disruption through our ability to pivot but seeks confirmation from industry. HVIA’s Government Relations and Advocacy Manager Greg Forbes said the draft report predominantly focusses on disruptions to imported commodities, whereas the final report will also consider disruptions that can affect exports (30 March 2021).. More...

Australia detains two Qatari-owned vessels for labor violations Australian maritime authorities have detained two vessels owned by a Qatari shipping company for labor and safety violations. The International Transport Workers’ Federation has been working with the Australian authorities to provide relief for the crew trapped aboard the vessels while the owners address the deficiencies (25 March 2021). More...

NSW Ports welcomes the largest container ship (by length) at Port Botany NSW Ports was pleased to welcome the largest container ship (by length) at Port Botany this week, with the safe arrival of the Maersk Soroe at DP World Australia's terminal. The empty sweeper is a welcome arrival, assisting in alleviating empty container build up caused by 'pandemic buying', as Australian consumers spend money on imported goods (01 April 2021). More...

Firefighters forced into COVID isolation after fire on cargo ship off WA coast Firefighters are told to self-isolate after battling a blaze aboard a cargo ship off Port Hedland — the ship's crew had not been given clearance to disembark (25 March 2021). More...

Raising the bar! AAT continues to modernise its equipment to facilitate increased productivity and efficiency across stevedoring operations. AAT worked in collaboration with Liebherr and the Port of Brisbane to ensure that the design and assembly met the manufacturers exacting standards, and was in accordance with strict wharf specifications (01 April 2021). More...

Australian first: New report proves long-held belief that good vehicle maintenance improves road safety A new report from Australia’s largest trucking insurer and the industry regulator has confirmed operators who effectively maintain their vehicles are less likely to be involved in an incident. For the first time, the trucking industry regulator and leading insurer have shared de-identified critical road crash data, with the aim of improving road safety (31 March 2021). More...

Crash stats analysis sees maintenance and safety correlation While it may seem self-evident that good truck maintenance is linked to better safety outcomes, insurer NTI and the National Heavy Vehicle Regulator (NHVR) have crunched the numbers to frank the assumption – with caveats (31 March 2021). More...

New heavy vehicle charge puts undue pressure on operators McKellar was responding to the decision by transport ministers last night to increase truck fuel and registration charges by substantially more than inflation from June 2021, by 2.5 per cent. The decision will increase the registration charge for a workhorse prime mover and semi-trailer by $144 a year, and the effective rate of fuel tax by 0.6 cents per litre (31 March 2021). More...

HV road charges must be revised Infrastructure and Transport Ministers recently indicated that, in their view, there was a growing gap between road expenditure and revenue from charges, and have decided to increase heavy vehicle charges by 2.5% (road user charge and registration costs).The NatRoad CEO has said the model used to estimate the heavy vehicle share of expenditure on roads is not reliable (01 April 2021). More...

ATA: Vehicle maintenance key to road safety Following the release of a joint roadworthiness report from National Transport Insurance (NTI) and the National Heavy Vehicle Regulator (NHVR), the Australian Trucking Association (ATA) said that keeping well maintained vehicles was key to trucking safety and productivity (02 April 2021). More...

Heavy Vehicle Safety Strategy consultation The NHVR is seeking feedback on the draft Heavy Vehicle Safety Strategy 2021-2025, which sets out the NHVR’s strategic ambitions to improve heavy vehicle safety outcomes and contribute to a reduction in the number of crashes, fatalities and serious injuries involving heavy vehicles (23 March 2021). More...

ATA demands dimension reform to enable modern trucks The Australian Trucking Association (ATA) has taken aim at local truck dimension restrictions, saying the current rules prohibit the latest vehicle technology to enter Australian shores and must be overhauled (29 March 2021). More...

NHVR partners with peak engineering body on road access project The NHVR is partnering with the Queensland peak body for public works engineers to help deliver the Strategic Local Government Asset Assessment Project (SLGAAP). The Institute of Public Works Engineering Australasia Queensland (IPWEAQ) is providing invaluable support to the project, including helping to develop the Asset Assessment Framework (23 March 2021). More...

ATA calls for fairer increases to truck charges The Australian Trucking Association (ATA) is calling on governments not to increase truck road user and registration charges by more than the expected inflation rate of 1.5 per cent in 2021-22 (19 March 2021). More...

NHVR welcomes Rod Hannifey’s appointment as NRFA president The NHVR has welcomed the appointment of well-known trucking safety advocate Rod Hannifey as president of the National Road Freighters Association (NRFA). NHVR CEO Sal Petroccitto said Mr Hannifey’s appointment would ensure smaller operators continue to have a strong voice when it comes to heavy vehicle safety reform (30 March 2021). More...

Published – articles, papers, reports

Are good trucks the sign of a great operator? National Truck Accident Research Centre (NTARC): March 2021 A special report into heavy vehicle roadworthiness, brings together for the first time de-identified data from NTI’s NTARC Major Accident Investigation Report (MAIR) and the NHVR’s National Roadworthiness Baseline Survey (NBRS). More...

ATSB Latest Investigations

Fire on board 'BBC Rhonetal' while berthed in Port Hedland on 25 March 2021 New Investigation - At 0330 WST, during cargo discharge operations from the ’tween deck of number 2 cargo hold, smoke was seen coming from the lower hold. Just prior to this, hot work had been undertaken to remove cargo securing points from around the cargo to be discharged. Efforts to extinguish the fire using ship's fire fighting resources laid out for the hot work were unsuccessful. More...

NHVR: Newsletter Fortnightly newsletter providing important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes. More...

Australian Bureau of Statistics 01 April 2021 - International Trade in Goods and Services, Australia. More... 24 March 2021 - International Merchandise Trade, Preliminary, Australia, February 2021. More... 24 March 2021 International Merchandise Trade: Confidential Commodities List. More...

Practice and Regulation

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.

Productivity Commission: Vulnerable supply chain review The Productivity Commission is undertaking a “Vulnerable Supply Chain Review” with an interim Report expected in Late March. The Commission will be taking written submissions on the interim report until April 2021, before producing its final report.

Productivity Commission review into supply chain vulnerabilities Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) evidence provided to the Joint Standing Committee on Foreign Affairs, Defence and Trade 'Inquiry into the Implications of the Covid-19 pandemic for Australia's foreign affairs, defence and trade' highlighted the needs for a paradigm shift in government priorities in favour of exporters, importers and logistics providers. In response, we are delighted to advise that the Productivity Commission has released its interim report on Vulnerable Supply Chains Submissions are due by 30 April 2021 (26 March 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 (FIC) on livestock ships which will run from 1 March 2021 to 31 August 2021. More...

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

Maritime Safety Awareness bulletin issue 13, March 2021—Preventing container loss In issue 13, read about how container loss affects the environment and what measures should be taken to prevent it from happening. Find out about the impact of container loss on safety and the environment and what measures should be considered to prevent it from happening. Read issue 13 of the Maritime Safety Awareness Bulletin.

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...

Draft Future Fuels Strategy The Government’s draft strategy is built around three central principles: addressing barriers to the roll out of new vehicle technologies; investment in early-stage infrastructure to stimulate the market and private sector and improving access to information to help people make informed choices. Comments on the discussion paper are open until 2 April 2021. 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 on the Department of Home Affairs website.

Port of Melbourne Modern Slavery Statement FY 2020 March 29, 2021 - Port of Melbourne has published its first Modern Slavery Statement. This has been prepared in accordance with the requirements of the Modern Slavery Act 2018 (Cth), which is an important measure to help address combatting the occurrences of modern slavery and other harmful practices. You can read our statement here.

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. Please refer here for further information and on how to participate. More...

ABF - TC Gazette 21-11 March 31, 2021- Applications have been lodged for Tariff Concession Orders for the goods described in the following TABLE. To view TC Gazette 21-11. More...

ABF - Australian Customs Notice No. 2021/15 Customs duty rate changes for 1 April 2021: Japan-Australia Economic Partnership Agreement March 31, 2021 - To view ACN 2021/15. More...

DAWE import industry advice notices 30 March 2021 50-2021 Commencement of revised import conditions for restricted apiaceous seeds for sowing 30 March 2021 49-2021 UPDATE – Requirements for importing Foetal Bovine Serum into Australia 26 March 2021 48-2021 Sea container measures to protect against khapra beetle 24 March 2021 47-2021 Port of Derby no longer a first point of entry after 15 June 2021 23 March 2021 46-2021 The department is implementing community protection questions on tariffs for live plant material for use as nursery stock in the Integrated Cargo System (ICS)

DAWE Export Industry advice notices 01 April 2021 2021-12 Congestion Busting Program – Plant Exports Management System updates

AWA Reminder: Exposure draft export control rules 2020 consultation The department has commenced public consultation on seven of the commodity specific Exposure Draft Export Control Rules 2020 (draft rules). The new legislative framework commenced on 28 March 2021. More...

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.

Rural and Regional Affairs and Transport References Committee 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. More...

NHVR Consultation: draft Heavy Vehicle Safety Strategy 2021-2025The draft strategy sets out the NHVR’s strategic ambitions to improve heavy vehicle safety outcomes and contribute to a reduction in the number of crashes, fatalities and serious injuries involving heavy vehicles. The strategy, which was developed to align with the Federal Government’s draft National Road Safety Strategy 2021-2030, is open for feedback until 30 April 2021. To view the strategy and make a submission 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. 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

Draft future fuels strategy The Government’s draft strategy is built around three central principles: addressing barriers to the roll out of new vehicle technologies; investment in early-stage infrastructure to stimulate the market and private sector and improving access to information to help people make informed choices. Comments on the discussion paper are open until 2 April 2021. More...

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...

Cases

Mount Arthur Coal Pty Ltd v Duffin [2021] NSWCA 49(2) Set aside order 1 made on 20 May 2020 and in lieu thereof order that the defendant pay to the plaintiff the sum of $2,487,891.10; TORTS – general principles – contributory negligence – where respondent injured while driving a grader on a coal mine haul road after rain event at night – where respondent hit a lamination in the road – where other employees using the area had failed to notice hole in the road – whether respondent guilty of contributory negligence NEGLIGENCE – damages – personal injury damages – NEGLIGENCE – damages – non-economic loss – COSTS – party/party – bases of quantification – indemnity basis – where offer purported to be made pursuant to UCPR r 20.26 – whether offer complied with requirements of r 20.26 – whether primary judge erred in ordering indemnity costs in reliance on offer.

TT Line Company Pty Ltd v Burrows [2021] TASFC 3Magistrates – Appeal and review – Tasmania – Motion to review – When remedy available – Jurisdiction – Motion to review an order of a magistrate available to person aggrieved by an order – Definition of "order" included determination and adjudication – Magistrate ruled that no duplicity in a charge on complaint – Ruling amenable to motion to review. Criminal law – Procedure – Information, indictment or presentment – Averments – Uncertainty, duplicity and ambiguity – Duplicity – Offence to use a method of management of animals which is reasonably likely to result in unreasonable and unjustifiable pain or suffering – Appellant charged with offence relating to transport of horses in trucks on Bass Strait ferry – Where particulars alleged deficiencies in inspection of horses before and during voyage and failures in relation to the manner, positioning or circumstances of transportation – Where further particulars alleged non-compliance with regulations

Eastlings Pty Ltd v Calidu Import Export Pty Ltd (No 2) [2021] NSWSC 3161. Judgment for the plaintiff as against the second and third defendants in the amount of $67,594.49 plus interest (from the date of the relevant breaches) for breach of the covenant contained in the Restraint Deed by virtue of the importation in or about August 2014 and April 2015 of wine from Portugal for on-sale and the exportation of alcohol in 2015. CONSUMER LAW — Misleading or deceptive conduct COMMERCE — Restraint of trade — Enforcement and remedies — Compensation

Legislation

Commonwealth

Amendments to the Customs Tariff Act 1995 – Australian Customs Notice ACN2021/12 outlining important amendments to the Customs Tariff Act 1995The Customs Tariff Amendment (Incorporation of Proposals and Other Measures) Act 2021(the Amendment Act) received the Royal Assent on 1 March 2021. The amendments to the Customs Tariff Act 1995(theCustoms Tariff Act) made by the Amendment Act commence on two dates: Retrospective commencement –1 February 2020 and.29 March 2021 Commencement. These amendments have been enacted by way of the Customs Tariff Amendment (Incorporation of Proposals and Other Measures) Act 2021. The legislation includes amendments to: Removal of the $12,000 special duty on used and second-hand motor vehicles; New tariff classifications for formulated caffeinated beverages, formulated sports food and formulated supplementary foods; Vitamin and mineral products; Wheeled garbage bins; Metal profiles and pipes; Technical amendments; Statistical Code Changes 1 April 2021

Act compilation

Imported Food Control Act 1992 26/03/2021 - Act No. 221 of 1992 as amended

Regulations

Export Charges (Imposition—General) Regulations 2021 25/03/2021 - This instrument prescribes charges in relation to the export of regulated goods and matters relating to the export of regulated goods which are not considered a duty of customs or excise within the meaning of section 55 of the Constitution. It also repeals the Export Charges (Imposition—General) Regulation 2015

Export Control Legislation (Repeals and Consequential Amendments) Regulations 2021 25/03/2021 - These regulations repeal the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 and makes consequential amendments to certain legislative instruments to support the commencement of the Export Control Act 2020 and subordinate instruments.

Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2021 25/03/2021 - This instrument amends the Export Control (Tariff Rate Quotas) Order 2019, Export Control (Tariff Rate Quotas—Feed Grain Export to Indonesia) Order 2020 and the Export Control (Tariff Rate Quotas—Sheepmeat and Goatmeat Export to the European Union and United Kingdom) Order 2019 to transition them into Export Control Rules under the Export Control Act 2020.

Export Control (Fees and Payments) Rules 2021 24/03/2021 - These rules prescribe fees, cost-recovery charges and late payment fees, persons liable to pay fees or late payment penalties, liability of a person’s agent to pay cost-recovery charges, and the time for payment of cost-recovery charges, in relation to functions carried out by, or on behalf of, the Commonwealth, under the Export Control Act 2020.

Bills

Biosecurity Amendment (Clarifying Conditionally Non-prohibited Goods) Bill 2021Finally passed both Houses 25 Mar 2021 Senate 18 March 2021 The Biosecurity Amendment (Clarifying Conditionally Non-prohibited Goods) Bill 2021 (the Bill) would amend the Biosecurity Act 2015(the Act)to clarify the validity of determinations made undersubsection 174(1) of the Act, in relation to specifying that certain classes of goods are conditionally non-prohibited goods and specifying the conditions that apply to such goods before they can be brought or imported into Australia.

Special Recreational Vessels Amendment Bill 2021HR Introduced and read a first time 22 Mar 2021 - The purpose of the Bill is to amend the Special Recreational Vessels Act 2019 (SRV Act) to extend the repeal date in section 17 of the Act from 30 June 2021 to 30 June 2023. The extension of the sunset provision in the SRV Act is needed to allow special recreational vessels to continue to operate charters in Australia until a longer-term solution is found.

Gazetted

Heavy Vehicle National Law - New South Wales Class 1 Agricultural Cotton Vehicle Transportation Exemption Notice 2021 (No.1) 01/04/2021 - This Notice grants additional access to stated routes for class 1 load carrying vehicles transporting agricultural cotton vehicles that already have access under an existing authority (exemption permit or Gazette Notice). The additional access allows operation on specified routes on Easter Saturday and Easter Sunday, despite restrictions that would normally apply on those days.

Notice of Intention to Propose Customs Tariff Alterations - Notice (No. 2) 2021 30/03/2021 - to propose in the Parliament a Customs Tariff alteration in accordance with the particulars specified in the Schedule to this Notice. The alteration operates from 1 April 2021.

Gazetted: reminder

Notice of Intention to Propose Customs Tariff Alterations - Notice (No. 3) 2020At 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; and (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

Bills

Marine Pollution Amendment (Review) Bill 2021 Assent date: 26/03/2021 (2021 No 8) The objects of this Bill are to amend the Marine Pollution Act 2012 (the Act) to— (a) address recommendations of the 2019 statutory review of the Marine Pollution Act 2012,and (b) ensure consistency between the Act, the Protection of the Sea (Prevention of Pollution fromShips) Act 1983 of the Commonwealth and the International Convention for the Prevention of Pollution from Ships (MARPOL),

Bills introduced Government – 26 March 2021

Queensland

Subordinate legislation as made – 26 March 2021 No 23 Transport Legislation Amendment Regulation 2021 Part 5 Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010