In the media

Fortescue CEO says iron ore market to remain robust for some time
The global iron ore market is likely to remain robust for some time, given supply concerns and stronger-than-usual demand from top consumer China. Ongoing supply issues were also likely to keep prices underpinned given COVID-19-related disruptions at Brazil's Vale, and the potential for further weather-related port stoppages amid the northern Australian cyclone season (20 February 2021). More...

Productivity Commission review into Australia's supply chain stability
The Productivity Commission will undertake an independent review into supply chain vulnerabilities and risks as part of it's commitment to ensuring the Australian economy is prepared for possible supply chain disruptions. Australia's supply chains proved resilient in response to the COVID-19 pandemic, but the experience with COVID-19 has highlighted Australia's potential vulnerability to global supply chain disruption (19 February 2021). More...

Australia – meeting the demands of global vessel size growth
There has been a lot of discussion in Australia recently regarding the future of ports and, specifically, the future of vessel size in Australia and the capacity of ports to cater for that growth. "There is no doubt that the size of vessels deployed to Australia has changed significantly in recent times (19 February 2021). More...

Global port box throughput comes off-the-boil
New analysis from globally-known shipping analyst Drewry has shown the world port container throughput, and the Oceania region throughput, have both declined slightly from an all time high (19 February 2021). More...

WTO - Goods Barometer signals strong trade rebound but momentum may be short lived
World merchandise trade volume growth remained strong in the fourth quarter of 2020 after trade rebounded in the third quarter from a deep COVID-19 induced slump; however, the pace of expansion in the fourth quarter is unlikely to be sustained in the first half of 2021 since key leading indicators appear to have already peaked, according to the WTO's latest Goods Trade Barometer of 18 February 2021 (19 February 2021). More...

Australia aims for re-election to International Maritime Organization Council
Australia will seek re-election to the International Maritime Organization's (IMO) Council for the 2022-23 biennium to secure its voice at the world's premier maritime forum (19 February 2021). More...

Maersk's carbon neutral ship poses procurement challenge
Shipping company A.P. Moller-Maersk has set itself a major procurement challenge by bringing forward plans to develop its first carbon neutral vessel (17 February 2021). More...

WCO - Publication of Joint WCO-ICAO Guiding Principles and Guidelines to enhance Air Cargo Security and Trade Facilitation
The World Customs Organization (WCO) and International Civil Aviation Organization (ICAO) released their Joint WCO-ICAO Guiding Principles for Pre-Loading Advance Cargo Information and Joint WCO-ICAO Guidelines on Alignment of the Customs Authorized Economic Operator and Aviation Security Regulated Agent/Known Consignor Programmes (18 February 2021). More...

CTAA - Patrick Terminals' Landside Fee Increases - 1 March 2021
Patrick Terminals unilaterally announced annual increases to its landside terminal fees & charges for implementation from 1 March 2021. The proposed new charges can be downloaded from the Patrick website here . More...

Tough new laws for hirers and freight brokers: Fines up to $16,522
Amended regulations come into play in Victoria from March 1 that make hirers and freight brokers responsible for keeping records to help prove they are meeting their obligations when dealing with contractors (16 February 2021). More...

Freight Victoria embarks on container management probe
State government body Freight Victoria is to look into empty container management capacity and supply chain issues in Melbourne. Road haulage body Container Transport Alliance Australia (CTAA) welcomes the move (17 February 2021). More...

New road freight guidelines in ASEAN
The Association of South-East Asian Nations (ASEAN) Member States have established new COVID-19 response and recovery guidelines for road freight transport caused by the pandemic. ASEAN has approved guidelines to support the response and recovery of road freight transport among its Member States in the context of the pandemic (18 February 2021). More...

Appeal finds truck driver injury payout miscalculations
Calculations in original discretionary judgment seen as 'unreasonable'. Peebles, then 32 years old, became 'permanently incapacitated' 2014 while driving for Kurtz Transport, due primarily to company negligence in providing a truck with a defective seat (18 February 2021). More...

NHVAS regulation changes in the offing: NHVR
With some small sense of normality returning to the roads in most states, the National Heavy Vehicle Regulator (NHVR) revised Business Rules and Standards for the National Heavy Vehicle Accreditation Scheme (NHVAS) are set to come into effect on Monday (17 February 2021). More...

Revised NHVAS Business Rules and Standards to take effect from 22 February
Chief Regulatory Standards and Policy Officer Don Hogben said the 2019 meeting of the Transport Infrastructure Council endorsed changes to the scheme's Business Rules and Standards to further align with Safety Management System principles and provide clarity for common scheme misinterpretations (17 February 2021). More...

Proposed national operating standard absurd and misleading
The Australian Trucking Association has attacked the Australian Logistics Council's proposed National Operating Standard, stating the proposal is unclear as to how it could be applied, and the estimated costings are completely absurd and misleading (15 February 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. More...

Practice and Regulation

AIS Transport TLI Supply Chain Operations - Certificates I and IV
Consultation: The Certificate IV in Materiel logistics, including 19 associated Units of Competency and five Skill Sets, has been identified to be reviewed mid-year to ensure that there is comprehensive consultation with the Defence industry. Please submit your feedback by, 8 March 2021. More...

AIS MAR Maritime Operations Linesperson: Training package development and consultation
The TAC has revised one qualification and seven Units of Competency to address the appropriate skills and knowledge required to work with highly automated line equipment and safely perform mooring and unmooring operations. Please submit your feedback by Monday, 22 February 2021. 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...

HVIA: Infrastructure updates on ROVER and RVSA
The Department of Infrastructure has added functionality to the Component Type Approval sections of the Road Vehicle Regulation (ROVER) system to allow users to vary, suspend or revoke their approvals. They have also updated the guide to component type approvals on their website to reflect these changes. They have also updated the provisions related to trailers less than 4.5 tonnes and developed a diagram explaining the approval pathways for entrance into the Register of Approved Vehicles (RAV) (27 January 2021).

HVIA: Transitioning PBS to the NHVR Portal
The NHVR are moving all regulator services and functions into a common platform – providing one location for regulator service delivery. The first phase of digitising PBS enables all applications to be submitted through the Portal by using either online forms or a spreadsheet submission tool (03 February 2021). More...

HVIA Consultation Reminder: Euro VI emissions systems
The Department of Infrastructure has just released consultation papers on Vehicle Emissions which looks at the introduction of Euro VI emissions systems. The consultation papers can be viewed at the Ministerial Forum on Vehicle Emissions page and comments on these papers will be open until 26 February 2021.

NHVR: Updates to Vehicle Standards Guide 2
The NHVR has updated Vehicle Standards Guide 2 to outline some changes to the Heavy Vehicle National Law and Regulations that will come into effect from 22 February. For further details the Vehicle Standards Guide 2 may be accessed here.

Revised National Heavy Vehicle Accreditation Scheme (NHVAS) Business Rules and Standards
Key changes have been made to more closely align NHVAS with safety management systems to better assist customers meet their requirements under the Chain of Responsibility laws. The changes will be effective for new participants from 22 February 2021. More details on the revised Rules and Standards, as well as the Notice of Final Rule Making, are available here.

Consultation on Light and Heavy Vehicle Emission Standards for Cleaner Air
The department has released two draft Regulation Impact Statements considering the case for mandating more stringent noxious emission standards in Australia. Close date: 26 February 2021. More...

AMSA Current Marine Notices

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...

AMSA Watertight and weathertight integrity on domestic commercial vessels
Watertight and weathertight integrity is the standard found in part C: design and construction and section C2: watertight and weathertight integrity, of the National Standard for Commercial Vessels (NSCV). Make a submission Have your say from 18 January 2021 to 28 March 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...

DAWE Export Industry Advice Notices
17 February 2021-02 - Budget Impact on Export Cost Recovery Implementation Statements
This Industry Advice Notice (IAN) is to notify industry that export cost recovery implementation statements (CRIS) for 2020–21 have been published on the department's website and CRIS for 2021-22 will be released for public consultation shortly.

AWA: 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 will commence 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.

SAL: 2021 Submissions
February 2021 - SAL21005 - Shipping Australia Limited Submission on Port of Melbourne's Tariff Rebalancing Application. More...

Cases

Technology Swiss Pty Ltd v AAI Limited trading as Vero Insurance [2021] FCA 95
INSURANCE – subrogation and recoupment – indemnity principle – where insurer accepted liability to indemnify but disputed quantification of loss – where parties settled by way of deed of release and payment of settlement sum – where parties to deed did not identify what part of the sum was paid by way of indemnity – where insured later recovered damages from third party – whether insurer entitled to recoupment – whether any part of settlement sum was mutually intended to represent payment by way of indemnity under the policy
INSURANCE – subrogation and recoupment – where goods were under insured and insured was deemed to be acting as own insurer in respect of uninsured balance – where insurer partially indemnified insured – where insured recovered damages from third party – distribution of recovered monies – application of Marine Insurance Act 1909 (Cth) s 87
Technology Swiss and Vero contract of marine insurance - combined cargo policy – damaged goods during voyage The cause of the loss was said to be the movement of the goods in transit, presumably inadequate stowage

Dodd & Dodd Group Pty Ltd and Minister for the Environment [2021] AATA 215
HAZARDOUS WASTE – refusal to grant special permit under Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Cth) – Australia's obligations under Basel Convention – export of used lead acid batteries – export to Republic of Korea – recycling and reclamation of metals and metal compounds – whether hazardous waste could be disposed of safely and efficiently in Australia – whether disposal consistent with environmentally sound management of waste – commercial impact consideration weighed – Tribunal exercises discretion under reg 16(4) to refuse to grant export permit – reviewable decision affirmed

Creak v Roads & Maritime Services; McKinley v Roads & Maritime Services [2021] NSWSC 97
Appeal pursuant to Crimes (Appeal and Review) Act 2001 – application for leave to appeal against costs order made in Local Court – whether jurisdictional error/error on the face of the record so as to attract s 69 of the Supreme Court Act 1970 – whether error in determining which party successful in Local Court proceedings – no error demonstrated – order for costs neither unreasonable nor plainly unjust – leave to appeal refused.
Inspections – examiners (categories for light and heavy w vehicles – brake tests

Casenote: Cartel case
On just about any view, this was an extremely serious offence against Australia's laws which prohibit cartel conduct. The task for the Court is to impose an appropriate sentence for that serious offence. Since WWO is a corporation, that sentence must be a fine, there effectively being no alternatives.

Commonwealth Director of Public Prosecutions v Wallenius Wilhelmsen Ocean AS [2021] FCA 52
CRIMINAL LAW – sentencing – cartel conduct – giving effect to a cartel provision – where offender is a corporation – where offender pleaded guilty – rolled up offence – appropriate pecuniary penalty – where offender provided bulk shipping services of "roll on, roll off" cargo to Australia

Royal Caribbean Cruises Ltd v Reed [2021] FCA 51
PRACTICE AND PROCEDURE – application to serve originating process on a person in a foreign country pursuant to r 10.43(2) of the Federal Court Rules 2011 (Cth) – whether the Court has jurisdiction by reason of the claim arising out of an agreement that relates to the carriage of persons by a ship within the meaning of s 4(3)(f) of the Admiralty Act 1988 (Cth) – whether the requirement that the proceeding is of a kind mentioned in r 10.42 is satisfied – whether a prima facie case for relief is made out – leave granted
Admiralty Act 1988 (Cth) ss 4(1), 4(3)(f), 9(1); Federal Court Rules 2011 (Cth) rr 10.42, 10.43

Legislation

Commonwealth

Acts assented
Assented on 16 February 2021 to the undermentioned Acts passed by the Senate and the House of Representatives in the Parliament assembled, viz.: No. 4 of 2021—An Act to amend the Customs Act 1901, and for related purposes. (Customs Amendment (Product Specific Rule Modernisation) Act 2021)

Bills

Customs Tariff Amendment (Incorporation of Proposals and Other Measures) Bill 2020
Finally passed both Houses 18 Feb 2021
Amends the Customs Tariff Act 1995 to: provide for a free rate of customs duty for certain medical and hygiene products between 1 February 2020 and 31 December 2020; remove the $12 000 special customs duty on used and second-hand motor vehicles that are Peruvian originating goods or that are Trans-Pacific Partnership originating goods; separately identify specifically formulated caffeinated beverages, formulated supplementary sports foods and formulated supplementary foods; specifically identify vitamins and food supplements; provide that wheelie bins do not fall within the classification of vehicles; provide that plates, rods, angles, shapes, sections, tubes, pipes and the like requiring further modification prior to being used cannot be classified as parts; and repeal redundant provisions specifying phasing rates of customs duty under certain free trade agreements.

Transport Security Amendment (Serious Crime) Bill 2020
Senate: Second reading debate 18 Feb 2021
Amends the Aviation Transport Security Act 2004 and Maritime Transport and Offshore Facilities Security Act 2003 to: prevent the use of aviation and maritime transport or offshore facilities in connection with serious crime; establish a regulatory framework to implement harmonised eligibility criteria for the aviation security identification card (ASIC) and maritime security identification card (MSIC) schemes; clarify and align the legislative basis for undertaking security checking of ASIC and MSIC applicants and holders; provide for regulations to prescribe penalties for offences; and insert an additional severability provision to provide guidance to a court as to Parliament's intention.

Gazetted 16 February 2021

Heavy Vehicle National Law - Approval of Business Rules for Heavy Vehicle Fatigue, Maintenance and Mass Management Notice 2021 (No.1)
The Business Rules and Standards are published in the document titled: Business Rules and Standards;
Maintenance Management Accreditation; Mass Management Accreditation; Fatigue Management Accreditation
November 2020 Version 3.0
The Business Rules and Standards pursuant to 2) commence on 22 February 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; 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

Regulations and other miscellaneous instruments
 Heavy Vehicle National Legislation Amendment Regulation 2021 (2021-42) — published LW 12 February 2021

Bills introduced – Government – 12 February 2021
 Road Transport Legislation Amendment (Drink and Drug Driving Offence) Bill 2021

Queensland

Subordinate legislation as made – 12 February 2021
No 9 Heavy Vehicle National Legislation Amendment Regulation 2021

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.