Australia: Inside track: Transport, Shipping & Logistics - In the media, in practice and courts, cases and legislation

Last Updated: 6 September 2019
Most Read Contributor in Australia, September 2019

In the media

Infrastructure Australia warns on future freight task burdens
Infrastructure Australia's 2019 Audit has warned of the growing challenges facing the freight industry over the next 15 years and beyond if infrastructure shortfalls and inefficient regulation are not adequately addressed (14 August 2019). More...

Infrastructure Audit highlights need for freight infrastructure investment
The release of the Australian Infrastructure Audit 2019 brings attention to how more targeted investment in freight infrastructure is necessary according to the Australian Logistics Council (13 August 2019). More...

Introduction of automated vehicles bring new challenges for data access and insurance
The NTC has released two policy papers on the future regulation of automated vehicles (AVs) in Australia. The papers consider the coverage of motor accident injury insurance for AV crashes and government access to Cooperative Intelligent Transport Systems (C-ITS) AV data (12 August 2019). More...

Austroads harnesses telematics for freight route analysis
Peak roads agency Austroads has released a research report demonstrating how a range of heavy vehicles use roads designated as key freight routes. The project involved more than 4,300 heavy vehicles and 1,000 transport operators (23 August 2019). More...

Heavy rigid fatal crashes rise and rise: BITRE
Fatal heavy rigid truck accidents have risen gradually during the decade but, in an alarming trend reversal, have continued to spike this year following a short-term dip to June last year (22 August 2019). More...

NHVR calls for feedback on grain schemes
NHVR Executive Director Freight and Supply Chain Productivity Peter Caprioli said the Grain Harvest Management Schemes Review Issues Paper called for feedback on the creation of national standards. There are currently a range of schemes operating nationally with allowances for mass and operational conditions that vary significantly in each state (22 August 2019). More...

Regulator sees need for fatigue management flexibility
A prescriptive element combined with greater operator flexibility underscores the National Heavy Vehicle Regulator's fatigue management submission to the Heavy Vehicle National Law review (21 August 2019). More...

ATA emphasises human element in fatigue reform
"The ATA's submission to the National Transport Commission on fatigue calls for more flexible fatigue management, simplified rules and record-keeping, and a reduction in the penalties for work and rest hour record-keeping offences," ATA chair Geoff Crouch says (21 August 2019). More...

Freight industry on board for airport opportunity
Ten of Australia's major freight companies have entered memoranda of understanding with Western Sydney Airport. The Airport's unrestricted 24/7 operations will be the key to unlocking new export opportunities for businesses and producers across Western Sydney and NSW (20 August 2019). More...

Time to tackle truck fires: ARTSA
The heavy vehicle fires conference held 15 August at Royal Randwick Racecourse in Sydney energised the heavy vehicle community to tackle truck fires according to Australian Road Transport Suppliers Association (19 August 2019). More...

NSW Police responds to truck fatality with five-day blitz
NSW Police has reacted sternly to a fatal truck collision in the state's mid-north coast, conducting a five-day compliance operation that saw more than 150 heavy vehicles inspected (19 August 2019). More...

NatRoad urges heavy vehicle access overhaul
The National Road Transport Association (NatRoad) has advocated for a complete overhaul of Australia's heavy vehicle access system, labelling it an area of industry inefficiency that desperately requires reform (15 August 2019). More...

Published – articles, papers, reports

AUSTROADS: Key Freight Routes – Heavy Vehicle Usage Data Project
AP-R602-19; 15 August 2019
This report provides a picture of how a range of heavy vehicles use roads designated as Key Freight Routes. The project collected telematics data from heavy vehicles and found that telematics can provide a wide range of statistics that can help. More...

An assessment of Australia's future infrastructure needs
Infrastructure Australia: 13 August 2019
The 2019 audit covers transport, energy, water, telecommunications and – for the first time – social infrastructure, and looks at the major challenges and opportunities facing Australia's infrastructure over the next 15 years and beyond. More...

Urban transport crowding and congestion
Infrastructure Australia: 13 August 2019
This supplementary report to the 2019 Australian Infrastructure Audit provides a snapshot of urban congestion and crowding in 2016, based on the population and transport networks of our six largest capital cities and their satellite cities and regions. More...

NHVR On the Road - On the Road - Issue 66, 20 August 2019
On the Road provides important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes, and resources to help industry members comply with the HVNL. More...

In practice and courts

NHVR Consultation: Grain Harvest Management Schemes Review Issues Paper
The issues paper looks at the various opportunities and challenges that exist with the current schemes, and options to achieve national consistency. Submissions close on October 18 (22 August 2019). More...

Current Consultations
Performance of the Australian Maritime Safety Authority
Status: Submissions closed. Date Referred: 23 July 2019. Next Hearing: 13 September 2019
The policy, regulatory, taxation, administrative and funding priorities for Australian shipping
Status: Submissions closed. Date Referred: 23 July 2019. Reporting Date: 05 December 2019
Performance of the Australian Transport Safety Bureau
Status: Inquiry commenced. Date Referred: 22 August 2019

CASA Reminder: Modernising Australia's fatigue rules
We are implementing our response to the independent review of the fatigue rules and are now consulting with industry on the proposed CAO 48.1 Instrument 2019 – Modernising Australia's Fatigue Rules. There will be a staged transition to the new rules: High capacity regular public transport operators are required to transition to the new fatigue rules by 30 September 2019.

CASA Consultation: Proposed changes to the dangerous goods rules – amendment to CASR Part 92 - (PP 1902OS)
Closes 5 September 2019 - Part 92 – Consignment and carriage of dangerous goods by air. The changes aim to improve and update the regulations, making them easier to understand and comply with Proposed changes to the dangerous goods rules – amendment to CASR Part 92 - (PP 1902OS). Closes 5 September 2019.

NTC Issues Paper - Vehicle standards and safety
Comments are due by 30 August 2019.
NTC Issues Paper - Vehicle standards and safety

NTC Issues Paper - Safe people and practices
Comments are due by 30 August 2019.
NTC Issues Paper - Safe people and practices

NTC Consultation RIS - Developing technology-neutral road rules for driver distraction
Comments are due by 04 September 2019.
NTC Consultation RIS - Developing technology-neutral road rules for driver distraction

AFIF: Biosecurity Levy Update - Revised Start Date 1 September 2019
The Government has announced a delay with a new start date of 1 September 2019 and a consequent small loss of revenue associated with a later start date. More...

AMSA Marine Order 505—certificates of competency—national law
AMSA are reviewing marine order 505 and part D of the National Standard for Commercial Vessels. (13 August 2019). More...

Reminder: Anti-Slavery Act
The first reporting year for companies with the Australian financial year is 1 July 2019 - 30 June 2020 so businesses should be aware of these obligations this year. More...

Cases

WATSON -v- GREGORY SPENCER WARD t/as WARD'S STOCK TRANSPORT [2019] WADC 118
Workplace accident – cattle transport – employer's duty of care – breach of duty of care – contributory negligence – damages – turns on own facts
Judgment for plaintiff – liability apportioned and damages assessed
The plaintiff is and was an experienced driver of such vehicles, including the three trailer long road trains seen on Western Australian highways. Part of the job of a driver of these vehicles involves loading and unloading the stock that is carried.

Linfox Australia Pty Ltd v Commissioner of Taxation of the Commonwealth of Australia [2019] FCAFC 131
TAXATION – appeal on a question of law from the Administrative Appeals Tribunal – fuel tax – excise or customs duty that is payable on fuel – whether taxpayer acquired taxable fuel to use, in a vehicle, for travelling on a public road – whether, as a consequence, the amount of the taxpayer's fuel tax credit for the fuel was reduced by the amount of the road user charge for the fuel – whether error of law in the conclusion of the Tribunal that certain toll roads operated by a private operator to make a profit and required to be maintained by that operator at its cost were each a "public road" within the meaning of s 43-10(3) of the Fuel Tax Act 2006 (Cth)
TAXATION – appeal on a question of law from the Administrative Appeals Tribunal – fuel tax – whether, if the taxpayer was entitled to a fuel tax credit, it ceased to be entitled to such credit "to the extent that it has not been taken into account, in an assessment of a net fuel amount" of the taxpayer, during the period of four years after the day on which the taxpayer was required to give to ....the Commissioner a return for the period, within the meaning of s 47-5(1) of the Fuel Tax Act
transport sector has long argued that the current excise arrangements for heavy vehicles , defined as those with a gross vehicle mass of 4.5 tonnes or more, are inefficient and need reform. The government has listened and will introduce reforms to remove inefficiencies and ensure the excise system plays a more positive role in supporting Australia's transport task.

DHL Supply Chain (Australia) Pty Ltd [2019] FWCA 5641
Fair Work Act 2009 s.185 – Enterprise agreement DHL Supply Chain (Australia) Pty Ltd
Application for approval of the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Workplace Logistics Services Agreement - Victoria, 2019.

Legislation

Gazetted

Heavy Vehicle National Law - Tasmania Class 1 Special Purpose Vehicle Exemption Notice 2019 (No.1)
12/08/2019 - This Notice exempts eligible Class 1 Special Purpose Vehicles from compliance with certain requirements in Schedule 1 and Schedule 6 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (the MDL Regulation), and corresponding vehicle standards requirements under Part 5 of the Heavy Vehicle (Vehicle Standards) National Regulation (the VS Regulation).
Victoria

Bills

Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Bill 2019
Date of second reading speech: 14 August 2019 - Rail safety enforcement and compliance work will be undertaken by officers of the Office of the National Rail Safety Regulator under the Rail Safety National Law (Victoria).

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