In the media

Port of Melbourne welcomes largest container capacity ship to dock in Melbourne
Port of Melbourne has welcomed the CMA CGM Ural, a 299 metre long vessel, one of six currently deployed on the South-East Asia – Australia trade route called the 'AAX1'. This marks the largest container ship by maximum capacity to call at the port (26 June 2020). More...

ARA launches three-year strategic plan for Australian freight
The Australian Railway Association's (ARA) 2020-2022 strategic plan lays out reforms required to support increased modal share for the nation's growing freight task. The document outlines the ARA's vision for rail freight and ports, with a view to rail playing a stronger role in meeting Australia's freight needs (26 June 2020). More...

HVNL Review RIS
The National Transport Commission has just released the consultation regulatory impact statement (RIS) for the Review of the Heavy Vehicle National Law. The RIS outlines a number of options for changes to the Law and analyses the impacts these changes may have (24 June 2020). More...

Industry to help lift freight strategy ambition
The Australian Government has announced the membership of a new Freight Industry Reference Panel on behalf of the Transport and Infrastructure Council (24 June 2020). More...

Ports Australia pioneers trade statistics resource
In an industry-first, Ports Australia has launched a detailed trade statistics resource, which collates and exhibits the ports sector's trade data. The new representation features a range of metrics with which the ports' trade are measured, including throughput in mass tonnes, monetary value of cargo, types of cargo, and numbers of vessel calls (22 June 2020). More...

Wallenius Wilhelmsen latest to plead guilty in Australian cartel case
Norwegian-based global shipping company Wallenius Wilhelmsen Ocean AS became the latest company to enter a guilty plea to the long-standing criminal cartel case in Australia (19 June 2020). More...

NHVR and VTA call on Victorian operators to stick to access permit conditions
The NHVR and Victorian Transport Association (VTA) have jointly called on oversize overmass and PBS operators across Victoria to ensure they are meeting their access permit conditions. The call comes after a number of operators across Victoria were recently fined for travelling outside the routes outlined on their access permit (18 June 2020). More...

MUA: Fuel security plans must address reliance on foreign oil tankers
The Federal Government has been urged to address the nation's complete reliance on foreign owned, operated and crewed tankers to transport oil and petroleum products as part of ongoing efforts to address Australia's chronic fuel security issues (17 June 2020). More...

Austroads releases traffic modelling guidance for project managers
Austroads has published traffic modelling and technical performance assessment guidance for project managers. Richard Delplace, Austroads Network Program Manager, said traffic and transport model assessments are becoming more popular to address increasing congestion in our rapidly growing cities (17 June 2020). More...

Ports Australia appoints new Policy and Operations Director
Ports Australia has appointed a new Policy and Operations Director, Margie Barbouttis (15 June 2020). More...

Livestock carried cleared to depart with cargo after COVID-19
The livestock carrier Al Kuwait is preparing to depart Australia more than three weeks after the vessel arrived on its last livestock voyage of the season. Crew members aboard the vessel tested positive for COVID-19 after arriving in Fremantle creating a brief controversy regarding health protocols, the handling of the vessel, and the livestock export industry (15 June 2020). More...

200,000 seafarers stuck at sea on international day of the seafarer
On June 12, Antonio Guterres, the Secretary-General of the United Nations released a statement on the repatriation of seafarers and called on all countries to "formally designate seafarers and other marine personnel as 'key workers'". Ms Lloyd adds "it's a global issue which makes it an Australian issue (June 2020). More...

Practice and Regulation

IFCBAA interim joint board of directors announced
The Boards of the Australian Federation of International Forwarders and Customs Brokers and Forwarders Council of Australia have reached agreement to form a single peak body and to change their current business names to the International Forwarders and Customs Brokers Association of Australia (IFCBAA) Ltd, effective 1 July 2020. Should you have any enquires please do not hesitate to contact.

AMSD – Requirements for internationally transhipped air cargo – from 1 July 2020
There are implications for freight forwarders arranging the movement and transhipment of international cargo on domestic flights inbound and outbound. AMSD has released Fact Sheets and Scenarios relative to the acceptance and screening of domestic cargo including:
- International cargo that is to be transhipped on a domestic flight
- Domestic cargo that travels on domestic flights and is then to be transhipped onto an international flight (24 June 2020). More...

SAL: COVID-19: Regulatory, financial markets and legal consequences for shipping and trade
Shipping Australia has produced a special report on the COVID-19 regulatory, financial market, and legal matters relevant to shipping and trade. It can be found both in the latest edition of the "Shipping Australia" magazine and also extracted it (below) for your convenience (18 June 2020). More...

AMSA: APL England container loss
19 June - The Australian Maritime Safety Authority (AMSA) has released APL England to allow the ship to sail from Australia to undertake repairs in China. The ship's previous Master who is facing multiple charges relating to the incident, will leave the ship and be repatriated home.
15 June - AMSA has issued a direction ordering the owner of APL England to search for missing containers that were lost from their vessel off New South Wales last month.The direction also orders the owners to recover containers as agreed with AMSA. More...

AMSA extension national law certificates of competency
This Domestic Commercial Vessel Safety 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. AMSA has issued an exemption that extends all National Law certificates of competency and all associated endorsements, expiring between 26 March and 1 October 2020, for six months from the expiry date noted on the certificate. More...

AMSA: 03/2020—Shutdown of AMSA's differential global positioning system (DGPS) service
This marine notice informs vessel owners, operators and masters of the shutdown of AMSA's radio beacon differential global positioning system service from 1 July 2020. More...

HVNL Review
The Heavy Vehicle National Law (HVNL) Review consultation RIS was published. The RIS sets out a suite of options for the future law and analyses the impacts they might have. NatRoad with its members, needs to consider the reform options and advise the NTC what the preferred reforms are. The RIS is available here (25 June 2020). More...

ATSB Safety Investigations and Reports
Suspected engine room fire and passenger evacuation involving domestic commercial vessel Fitzroy Flyer, 13km ENE of Cairns, Queensland on 29 March 2019 final report released on 24 June 2020.
A catamaran ferry crew's response to a suspected engine room fire reinforces the importance of vessel operators having robust procedures and training, a new ATSB investigation has stressed.

NTC Issues Paper - Examining the legal framework for the land transport of dangerous goods
Have your say Publication date 04 June 2020 Comments due 03 July 2020. More...

AWA Import industry advice notices 2020
25/06/2020 97-2020 Extended: temporary changes to import certificate requirements for imported animals, biological and animal-based goods commodities
24/06/2020 95-2020 Extended: temporary changes to import certificate requirements for fresh produce, cut flowers, plants and other imported plant-based commodities
19/06/2020 89-2020 Increase to Commonwealth penalty unit value

AWA: AWE – 2020-21 BMSB season measures – 3 countries added, season end timing and intervention clarified
AFIF as a member of the DCCC-BMSB has been advised of the forthcoming 2020-21 BMSB Season changes to be effective from 1 September 2020. For the 2020-21 BMSB risk season, measures will apply to certain goods manufactured in, or shipped from target risk countries, and/or vessels that berth at, load or tranship from target risk countries from 1 September 2020 and that arrive in Australian territory by 31 May 2021 (inclusive) goods must be treated if exported between 1 September 2020 & 30 April 2021 inclusive;
Goods arriving from 1 June 2021 will not be subject to BMSB measures. More...

TLI logistics operations
The Council of Australian Governments Skills Council has endorsed the Transport and Logistics Training Package for implementation (15 June 2020). More...

Senate: Consultations
Importance of a viable, safe, sustainable and efficient road transport industry
Status: Submissions closed. Date Referred: 11 September 2019 Reporting Date: 14 October 2020

Legislation

Bills

Customs Charges and Levies Legislation Amendment (Sheep and Lamb) Bill 2020
Introduced HR 17 June 2020
The Excise Levies Legislation Amendment (Sheep and Lamb) Bill 2020 and the Customs Charges and Levies Legislation Amendment (Sheep and Lamb) Bill 2020 (the Bills) amend the definition in the Acts to align with the new definition of lamb used for export purposes and by industry.

Regulations

Export Control (Tariff Rate Quotas—Feed Grain Export to Indonesia) Order 2020
25/06/2020 - This order provides for the establishment and administration of a system of tariff rate quotas for the export of feed grain to Indonesia. The tariff rate quota permits Australian exporters to export stipulated volumes of feed grain to Indonesia at a reduced tariff rate.

Marine Order 47 (Offshore industry units) Amendment Order 2020
16/06/2020 - This instrument amends the Marine Order 47 (Offshore industry units) 2019 to make changes relating to the criteria for revoking a Mobile Offshore Drilling Units (MODU) safety certificate; the storage of gas cylinders; and the arrangements for the safe transfer of personnel. It also makes changes in relation to the requirement for compliance with Chapter 14 of the Code for the construction and equipment of mobile offshore drilling units, 2009 and the requirement for familiarisation, training and certification of personnel aboard offshore industry units under tow.

Marine Order 58 (Safe management of vessels) 2020
16/06/2020 - This order repeals and remakes Marine Order 58 (safe management of vessels) 2015 to provide for the safe management and operation of vessels and pollution prevention by giving effect to Chapter IX of the International Convention for the Safety of Life at Sea.

Gazetted June 2020

Heavy Vehicle National Law - National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No.4)
26/06/2020 - The purpose of this Notice is to remove certain travel condition restrictions on heavy vehicle travel times during the COVID-19 human biosecurity emergency (COVID-19 Emergency). The restrictions are those relating to travel on State controlled roads during public holidays, school holidays, and at other specified times.
This Notice expires on 31 July 2020.

Heavy Vehicle National Law - National Heavy Vehicle Regulator Prescribed Fees for Financial Year 2020/21
16/06/2020 - Pursuant to s740A(4) of the Heavy Vehicle National Law, prescribed fees under the Heavy Vehicle (General) National Regulation for the 2020/21 financial year are hereby set out in Schedule 1 of this Notice. The fees in Schedule 1 take effect on 1 July 2020.

NSW

Regulations and other miscellaneous instruments
Heavy Vehicle (Adoption of National Law) Amendment (Penalties) Regulation (No 2) 2020 (2020-278) — published LW 19 June 2020
Road Transport (General) Amendment (Penalties) Regulation 2020 (2020-285) — published LW 19 June 2020
Road Transport (Vehicle Registration) Amendment Regulation 2020 (2020-286) — published LW 19 June 2020
Roads Amendment (Penalty Notice Offences) Regulation 2020 (2020-287) — published LW 19 June 2020

Queensland

Subordinate legislation as made – 19 June 2020
No 92 Transport Legislation (COVID-19 Emergency Response) Regulation (No. 2) 2020
This Regulation is made under the COVID-19 Emergency Response Act 2020, Rail Safety National Law (Queensland) Act 2017, Transport Infrastructure Act 1994, Transport Operations (Marine Safety) Act 1994. The policy objectives of the Regulation are to provide financial relief to commercial operators in state-managed boat harbours and provide a framework that will enable exemptions from requirements about certain marine authorities. The Regulation will also extend the expiry of a transitional regulation that preserves certain Queensland-specific definitions under national rail safety legislation. The Regulation will expire on 31 December 2020.

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.