In the media

Container losses in the rolling seas
Until recently, governments only got involved in container losses if they created a hazard to navigation (such as by floating) or if a hazardous cargo were involved. Otherwise, the loss was treated as an insurance matter between the involved parties. Lately, though, governments have shown great concern about containers lost within their territorial seas (generally 12 nautical miles offshore) and potentially further, particularly if the cargo is deemed hazardous (06 August 2020). More...

Beirut blast highlights inadequate Australian shipping regulations for transport of dangerous goods
Australia must urgently overhaul security and licensing provisions for shipments of dangerous and high consequence goods, including ammonium nitrate, in light of the catastrophic blast in Beirut that killed at least 135 people and injured thousands more, according to the Maritime Union of Australia (06 August 2020). More...

Logistics protests as Melbourne lockdown puts the brakes on supply chains
The extraordinary lockdown measures imposed on the Australian state of Victoria are threatening to disrupt supply chains. The Freight & Trade Alliance has been lobbying the Victorian government, to clarify whether importers are permitted to receive containerised cargo (06 August 2020). More...

Data requirements for automated and electric vehicle registration
To support the registration of automated and electric vehicles (AVs and EVs) changes may be required to jurisdictional registration systems. Specifically, additional data may be required that is unique to AVs and Evs (06 August 2020). More...

Supporting road managers in making safe, effective road freight access decisions
Austroads has published a report reviewing heavy vehicle road access guidelines and tools used by state and local government road managers across Australia and New Zealand ( 05 August 2020). More...

HVIA: Victorian stage 4 business and industry sector restrictions
The Victorian Government issued a list outlining which industry sectors and businesses would be forced to close for six weeks under Stage 4 restrictions. Largely, the heavy vehicle industry has been recognised as an essential service and will be able to continue to operate, with a COVID safe plan in place (05 August 2020). More...

Australia's export sector continues to boom despite ongoing challenges
Australia recorded its largest financial year trade surplus in 2019-20, off the back of booming goods exports, according to the latest data released from the ABS. Federal Trade Minister Simon Birmingham said despite the ongoing domestic and international challenges, Australian exporters across a range of sectors like resources, agriculture and advanced manufacturing continue to withstand global economic shocks (05 August 2020). More...

NHVR reports on national service rollout
National Heavy Vehicle Regulator Southern Regional Director, Paul Simionato, has commented on the Regulator's transition to national service (05 August 2020). More...

Funding boost to drive heavy vehicle safety
Twenty-six projects aimed at saving lives and reducing road trauma will share in $5.9 million under Round 5 of the Australian Government's Heavy Vehicle Safety Initiative. A full list of successful projects is available here (06 August 2020) More...

VIC transport manufacturing supply chain to remain intact
Leading Victoria-based heavy vehicle manufacturers will be able to provide vehicle service and repair capabilities as well as manufacturing operations under the recently announced Covid-19 restrictions CRT has learned (04 August 2020). More...

Freight border protocols need national focus to keep economy moving
ARA Chief Executive Officer Caroline Wilkie said the protocols published by the National Cabinet provided a clear and coordinated approach to support the freight network. She said different approaches by individual states and territories, as has emerged since the protocols were established, could lead to rail freight delays and unintended safety risks (31 July 2020). More...

COVID-19 aviation caps must exempt seafarers – Government review
Shipping Australia has filed a submission to government officials in which we advocate for maritime crew to be excluded from the caps on international passengers arriving into Australia by air (31 July 2020). More...

NHVR welcomes industry support for technology blueprint
The NHVR has welcomed widespread industry support for a blueprint to support manufacturers and operators to incorporate the latest safety technology into new and existing heavy vehicles. The Vehicle Safety and Environmental Technology Uptake Plan, launched was crucial to give Australia's heavy vehicle industry certainty when installing new safety technology (30 July 2020). More...

Australia imposes 12-monthban on bulker for crew wages and welfare
The Australian Maritime Safety Authority (AMSA) imposed a 12-month ban on a bulk carrier after discovering a broad range of crew welfare issues including wage exploitation. This marked the second action by AMSA in a matter of days and the sixteenth ship to be banned since 2014 (30 July 2020). More...

Supply chains threatened by problematic new border crossing criteria
New COVID-19 border crossing requirements have been described as unworkable by the Victorian Transport Association amid growing concerns changes imposed at both New South Wales and South Australia will create major disruptions to supply chains (29 July 2020). More...

Hunter region notice to slash permit numbers
A new network has been established to support the movement of oversize over mass mining equipment across the Hunter Valley. The NSW Class 1 Load Carrying Combination (Hunter Region) Mass and Dimension Exemption Notice would reduce red tape and provide certainty for the local mining and freight industry. Click here for the Operator's Guide (28 July 2020). More...

AMSA bans bulker due to underpaid crew
The Australian Maritime Safety Authority (AMSA) banned the Liberian-flagged bulk carrier Agia Sofia from entering Australian ports for six months due to the underpayment of its seafarers (28 July 2020). More...

Published – articles, papers, reports

Framework and tools for road freight access decisions
AUSTROADS AP-R629-20: 4 August 2020
Austroads has commissioned this research report to review existing heavy vehicle road access guidelines and tools used by jurisdictional and local government road managers across Australia and New Zealand. More...

Practice and Regulation

NATROAD: Fitness to Drive medical assessment updated
The Fitness to Drive medical assessment process has been updated with medical practitioners now being able to submit the medical assessment online. Transport for NSW has developed 12 new online specialist forms and improved the online form for GPs. For more information, visit the Transport for NSW website (05 August 2020). More...

NATROAD: Updated advice for COVID Safe plans for Victoria
From midnight on 7 August 2020, all Victorian employers must have completed their COVID Safe plans. Plans must be for Victoria – non-Victorian plans will not be accepted. Interstate drivers will also be required to have a Victorian COVID Safe plan and a work permit. Seethe COVID Safe Plan template and guidance: COVID Safe Plan guidance, COVID Safe Plan template and Work permit information (05 August 2020). More...

NTC Reminder: Australian Code for the Transport of Dangerous Goods by Road and Rail (Edition 7.7)
The Code can be used from 1 October 2020 and is compulsory from 1 October 2021. Until then, either the Code edition 7.6or the Code edition 7.7can be used. The Code is an important technical resource to help Australia's transport and logistics industry to operate safely when carrying dangerous goods. See also ADGC explanatory document: Key changes between edition 7.6 and 7.7. More...

NATROAD: National heavy vehicle charging pilot (National Pilot)
An innovative industry partnership testing potential direct user charging options for heavy vehicles. Participants will report road use data and receive mock invoices comparing their current heavy vehicle registration and fuel charges against alternative charging scenarios. The research will be concluded by 2021 (24 July 2020). More...

NHVR: COVID-19
For up to date information on border restrictions specific to the transport of freight and logistics, visit here.
For the QTA's COVID-19 Safety Guidelines visit here (22 July 2020).

NHVR: Road tips for travelling caravaners
These are the latest video tips and advice that every caravan or RV driver should watch before hitting the road this winter.To view the Share the Road videos visit here.
Caravaners and truckies sharing the road video
Caravaners and truckies sharing facilities video
To view the latest Whiteline Television fatigue videos visit here (15 July 2020).

HVNL review consultation regulation impact statement
Publication date 25 Jun 2020 Comments due 25 Oct 2020
The consultation regulation impact statement includes over 40 reform options to improve the HVNL. More...

Domestic Border control freight movement protocol
The protocol agrees "unanticipated delays at the border can have implications for safety on the roads and the health of critical transport workers" and states "greater consistency in border management of supply chains will assist industry to comply". The protocol complements existing Work Health and Safety and fatigue management requirements, public health advice and COVIDSafe work plan requirements. The protocol is available here (24 July 2020).

AMSA Marine notice 07-2020 Closure of the Inmarsat Fleet 77 service
04 August 2020 - This marine notice informs vessel owners, operators and masters of the closure of the Inmarsat Global Limited (Inmarsat) Fleet 77 on 1 December 2020. Inmarsat Fleet 77 is not a mandatory carriage requirement under the International Convention for the Safety of Life at Sea 1974 . More...

AMSA campaign targeting container ships
AMSA encourages ship owners and masters to familiarise themselves with the approved cargo securing manual for their vessel and Marine order 42 which gives effect to Chapter VI of SOLAS in Australia. This focussed inspection campaign is aimed at education, improving standards, and reducing the number of incidents that result in cargo being lost at sea. More information can be found on AMSA's website.

AMSA Marine notice 05/2020 – Focused inspection campaign – proper stowage and securing of cargo containers
Port State control – This marine notice provides information to ship owners, operators and masters about the Australian Maritime Safety Authority (AMSA) focused inspection campaign on cargo securing arrangements that will run from 1 August to 31 October 2020. More...

AMSA Extension National Law certificates of competency
We have extended existing exemptions to provide seafarers and operators with continuity and certainty.
All National Law exemptions have been extended until 30 June 2025. More...

AMSA: Domestic Commercial Vessel 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...

AWA Industry Advice Notices 2020
28 July 2020-03 COVID-19 - Notifying the department of positive COVID-19 cases at export registered establishments

AWA Export Industry Advice Notices 2020
06 August 2020-50 Grain and Seeds Exports Program – Update to inspection of hay and straw instructional material

AWA Import industry advice notices 2020
4 August 125-2020 Strengthening biosecurity risk management associated with onshore processing of imported plant and animal materials at an approved arrangement class 3.0
31 July 123-2020 Automatic entry processing for commodities (AEPCOMM) expansion for 2020 is now live
28 July 122-2020 Maritime Arrivals Reporting System (MARS) Pre-Arrival Reporting Changes for Coronavirus (COVID-19)
28 July 121-2020 Amendment to 105-2020 - COVID-19 impact on Cat and Dog arrivals into Melbourne International Airport

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...

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

Legislation

Commonwealth

Act Compilation

Customs Act 1901
31/07/2020 - Act No. 6 of 1901 as amended

Regulations

Health Insurance (Section 3C Pathology Services – COVID-19) Amendment (No. 5) Determination 2020
03/08/2020 - This instrument amends the Health Insurance (Section 3C Pathology Services – COVID-19) Determination 2020 to expand the SARS-COV-2 testing item introduced on 28 July 2020 to apply to a person who drives a heavy vehicle interstate.

List of Specimens Taken to be Suitable for Live Import Amendment (domestic ferret) Instrument 2020
03/08/2020 - This instrument amends Part 2 of the List of Specimens Taken to be Suitable for Live Import (29/11/2001), established under section 303EB of the Environment Protection and Biodiversity Conservation Act 1999, by adding Mustela putorius furo (domestic ferret) to the Live Import List with the conditions 'Research Only. High Security Facilities only'.

Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Retail Outlets at International Airports) Amendment (No. 1) Determination 2020
30/07/2020 – No longer in force

Gazetted

Declaration under subsection 132B(1) of the Customs Act 1901
03/08/2020 - under subsections 132B(1) and 132B(2) of the Customs Act 1901:
(a) declare that the period beginning on 3 August 2020 and ending on 31 August 2020 is a declared period with respect to the tobacco products classified under subheadings 2401.10.00, 2401.20.00, 2401.30.00, 2402.10.20, 2402.10.80, 2402.20.20, 2402.20.80, 2403.11.00, 2403.19.10, 2403.19.90, 2403.91.00 and 2403.99.80 in Schedule 3 to the Customs Tariff Act 1995; and (b) specify that the period beginning on 1 September 2019 and ending on 1 July 2020 is the base period in relation to the declared period in paragraph (a

Notice of Intention to Propose Customs Tariff Alterations - Notice (No. 2) 2020
3107/2020 – Schedule – Alteration to the Customs Tariff Act 1995 Schedule 4 (after table item 57)
57A 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 August 2020 and ending at the end of 31 December 2020.

Port Notice of Revocation and Appointment (No. 20/25) – Port of Fremantle
30/07/2020 – APPOINT the Port of Fremantle in the State of Western Australia as a port; and c) FIX as the limits of that port the area within the red boundary line as indicated, and specified in the legend, in Attachment A to this notice. For detail, see Attachment B. The port appointed in paragraph (b) is to be a port only for purposes in relation to ships that are not international passenger cruise ships

Heavy Vehicle National Law - National Class 2 Road Train Authorisation Notice 2020 (No.2)
30/07/2020 - The purpose of this Notice is to authorise access for Class 2 road trains that meet the requirements of this Notice. This Notice provides access for specified Class 2 road trains under the heavy Vehicle National Law (HVNL). Not all road trains under the HVNL are granted access under this Notice. For example, a road train that exceeds regulation mass and dimension limits (and is therefore Class 3) does not have access under this notice.

Heavy Vehicle National Law - National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No.5)
30/07/2020 - 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). This Notice is made under section 23 of Schedule 1, of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction. This Notice commences on 1 August 2020. This Notice expires on 31 August 2020.

Heavy Vehicle National Law - New South Wales Class 1 Load Carrying Combination (Hunter Region) Mass and Dimension Exemption Notice 2020 (No.1)
27/07/2020 - The purpose of this Notice is to exempt Class 1 heavy vehicle combinations consisting of a prime mover and approved trailers, including dollies if required, from certain mass and dimension requirements under the Heavy Vehicle National Law (HVNL). In addition, this Notice exempts certain specialist vehicles such as block trucks that are used to assist the operation of Class 1 combinations.

Queensland

Heavy Vehicle National Law and Other Legislation Amendment (Postponement) Regulation 2020 (Qld)
Explanatory Memorandum
This Regulation is made under the Heavy Vehicle National Law and Other Legislation Amendment Act 2019. This Regulation postpones the automatic commencement of sections 10 and 11 of the Heavy Vehicle National Law and Other Legislation Amendment Act 2019. The postponed law is extended to the end of 26 September 2021
Note: This regulation expires on 31 December 2020

Transport Legislation (COVID-19 Emergency Response) Regulation (No 2) 2020 (Qld)
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.

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.