Transport, Shipping & Logistics News – 4 July 2018 - Rail, Road & Cycling

In the media

More than half in under two hours by 2028
67 per cent of logistics companies expect to provide same-day delivery by 2023 and 55% anticipate delivery within a two-hour window by 2028 (29 June 2018). More...

NHVR welcomes OSOM review
The NHVR has welcomed a Federal Government announcement to review the issuing of permits for oversized, over mass heavy vehicles. The review will be led by Mr Felix from WSP Australia and is due to be completed in October (29 June 2018). More...

Establish government freight unit: ALC
The Australian Logistics Council (ALC) has reiterated its call for a dedicated freight and supply chain office within the Department of Infrastructure, Regional Development and Cities (DIRDC) in a new discussion paper. The new unit would be responsible for implementing the National Freight and Supply Chain Strategy (28 June 2018). More...

ALC Launches Electric Vehicles Working Group
The Australian Logistics Council (ALC) has announced it has formed an Electric Vehicles Working Group, to consider the full impact that this rapidly-evolving transport solution will have on the movement of freight in the years ahead (28 June 2018). More...

ARA: Collaborative research approach by NSW Government, the tertiary sector and industry a vital step to enhancing transport solutions
Today's Research Hub announcement by Transport for New South Wales (TfNSW) has been welcomed by the rail sector as an exemplar of research collaboration between government, the tertiary sector and industry. TfNSW has created a hub which combines the research resources of various institutions to generate greater heft behind the implementation of innovative ideas in the transport sector (29 June 2018). More...

ARA welcomes greater freight focus in Victoria
The Australasian Railway Association (ARA) welcomes the Victorian Liberal Nationals' commitment of $1.5 million towards a feasibility study to assess options for a rail link to connect Webb Dock with the freight rail network. Improving port rail connections has also been a key focus of the Commonwealth Government's recently released National Freight and Supply Chain Strategy Inquiry report (28 June 2018). More...

ALC: Laying the Foundation for Success
The Australian Logistics Council (ALC) has released a new Discussion Paper to help lay the foundation for a successful implementation of the National Freight and Supply Chain Strategy. The publication sets out policy actions consistent with the Report of the Inquiry into National Freight and Supply Chain Priorities, which emphasised the need for governments to "take a leadership role and take immediate action" (27 June 2018). More...

Trucking stakeholders call for review into Australia's OSOM system
Australian truck operators continue to suffer costly delays in oversized freight approvals as a result of the national heavy vehicle permit system, according to Road Freight NSW (RFNSW) (27 June 2018). More...

National action required of supply chains confirms new report
A report released by Infrastructure Australia (IA) supports a long held view by the Australian Logistics Council (ALC) that a nationally consistent approach to infrastructure is required. In the report titled Prioritising Reform, IA noted a proposed inquiry into to road user charger reform had yet to commence while efforts to address regulatory uncertainty (26 June 2018). More...

What will the future of freight look like in Australia?
A National Freight and Supply Chain Strategy, which will be informed by the Inquiry, was critical for Australia to keep pace with threats from global development, growing automation, climate change and a rising population that was increasingly centred in congested cities (26 June 2018). More...

ATC: OSOM review needed to Get Australia moving
The Australian Logistics Council (ALC) is supporting calls for an independent review of the rules governing the movement of Oversize Overmass (OSOM) vehicles on Australian roads, saying the dysfunction of the current system is wreaking enormous economic damage (26 June 2018). More...

Renewed calls for 'pay-per-km' system
A government inquiry aiming to find a "user-pays approach" to maintaining roads is overdue, Infrastructure Australia says (25 June 2018). More...

Management of product recalls in a supply chain
Retailers, manufacturers and consumers are growing increasingly concerned about the number of products being recalled or withdrawn, as recorded by the ACCC. As supply chains continue to span the globe, these product recall events have shown that delivery of timely and accurate information to trading partners and regulatory agencies is paramount in the protection and safety of the consumer, the company and the brand (22 June 2018). More...

ARA welcomes the NSW Government's commitment to rail in the 2018-19 Budget
The NSW Government's 2018-19 Budget reinforces the momentum in rail investment across the country and recognises the intensifying importance that must be placed on rail as an integral mode of transport as part of a highly effective transport system (19 June 2018). More...

Published – articles, papers, reports

Laying the Foundation
Australian Logistics Council: released in June 2019
This identifies nine priority actions for the Commonwealth Government to pursue immediately to help facilitate a more effective implementation of the Strategy once it is finalised around May 2019. More...

On the Road, Issue 37, 19 June 2018
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...

Department of Transport and Main Roads - Marine Incidents in Queensland 2017/2018 | Qld
This report provides an analysis of reported marine incidents which involved vessels regulated under the Queensland Transport Operations (Marine Safety) Act 1994 (25 June 2018). More...

In practice and courts

Home Affairs - ABF – Customs Tariff, statistical code and duty rate changes that come into effect on 1 July 2018
The Department has published two Department of Home Affairs Notices setting out Customs Tariff, statistical code and duty rate changes that come into effect on 1 July 2018.
Home Affairs Notice 2018/20
Home Affairs Notice 2018/21

Home Affairs: GST on Low Value Imported Goods
From 1 July 2018, overseas vendors (including merchants, electronic distribution platforms, and re-deliverers) that meet GST registration requirements will be required to charge and collect GST at the point of sale on eligible goods. More...

AMSA Reminder: Services are changing for owners, operators, and crew of domestic commercial vessels
From 1 July 2018, you will have one system to navigate. Read about the national system transition and find out more about how these upcoming changes may affect you. More...

NTC Submissions

Australian Light Vehicle Standards Rules 2018 - Consultation draft (June 2018)
Issue Date 19 June 2018 Comments Due 1 August 2018.
Heavy Vehicle (Vehicle Standards) National Regulation - Consultation draft (June 2018)
Issue Date 19 June 2018 Comments Due 1 August 2018.
NTC Discussion Paper - Mass limits for three-axle buses
Comments Due 24 July 2018.
NTC Discussion Paper - HVNL fatigue issues
Comments due on 6 July 2018.

ATSB: Help us improve transport safety - ATSB Stakeholder Survey
The ATSB is requesting your feedback on the effectiveness of its engagement and communication with its many stakeholders. Safety education is a critical component of the work of the ATSB, as it fosters safety awareness, knowledge and action (22 June 2018). More...

AMSA: Certificates of operation
From 1 July 2018, you will need to apply for your Certificate of operation through AMSA instead of your local marine safety agency. You must also have a safety management system in place, even if you are exempt from the requirement to have a certificate of operation. More...
These changes implement the outcomes of the Decision Regulation Impact Statement (RIS)—Survey under the National System for Domestic Commercial Vessels, which better align survey requirements for domestic commercial vessel with the risk of individual vessels. More....

AMSA: Crewing requirements for grandfathered passenger vessels
Exemption 28 has been extended from 1 January 2018 to 30 June 2018. Until 30 June 2018, the owners of grandfathered passenger vessels (Class 1) could choose whether to comply with the number of crew required in NSCV Part E (number of crew) or the grandfathered crewing requirements that applied to the vessel on 30 June 2013. More...

NTC Reminder: New changes for the transport of dangerous goods
The Australian Code for the Transport of Dangerous Goods by Road and Rail is set to be updated with changes designed to reduce the burden on industry when transporting low-risk items and bring into line with new United Nations transport requirements. In May, Transport ministers approved version 7.6 of the Code, with the changes effective from 1 July 2018 and compulsory from 1 July 2019. More...

NTC safety assurance system for automated vehicles
Australia's approach to a safety assurance system for automated vehicles is the subject of a Consultation Regulation Impact Statement (RIS) which opened for public consultation. Submissions for the Consultation RIS can be made online on the NTC website until 9 July 2018. More...

NHVR: Changes to Chain of Responsibility laws confirmed for 1 October
Reforms to the Chain of Responsibility (CoR) laws will be implemented from 1 October. Duty holders who assess their risks and manage them will be complying with both the HVNL and workplace safety law. The NHVR has information available including CoR Gap Assessment tools, role-specific fact sheets, Safety Management System templates and tools, and videos and podcasts. More... More...

Cases

Toll Transport Pty Ltd T/A Toll Shipping v Transport Workers' Union of Australia [2018] FWC 3573
Fair Work Act 2009 s.739—Dispute resolution. Dispute about a matter arising under an enterprise agreement.

Four yearly review of modern awards [2018] FWCFB 3528
Fair Work Act 2009 s.156 - 4 yearly review of modern awards.
Four yearly review of modern awards – variation to the Road Transport and Distribution Award 2010 [MA000038] to extend award coverage to the vehicle relocation industry – whether any further modifications to the Road Transport Award should be made to accommodate the particular features of vehicle relocation work (including any appropriate transitional provisions) – two-year transitional period to be introduced – publication of determination.

Legislation

Commonwealth

Product Emissions Standards Amendment (Temporary Exemption and Other Measures) Rules 2018
28/06/2018 - This instrument amends the Product Emissions Standards Rules 2017 to temporarily exempt emissions-controlled products from the Trans-Tasman Mutual Recognition Act 1997, to clarify the relevant regulatory authority and certificates of conformity for the European Union certification of propulsion marine engines, and to correct references to 'propulsion marine engines' and the definition of 'competition engine'.

Marine Order 43 (Cargo and cargo handling — livestock) 2018
This Order provides for the certification of vessels that carry livestock and specifies requirements for the carriage and stowage of livestock to ensure the safe operation of vessels.

Seafarers Rehabilitation and Compensation Levy Regulations 2018
Tabled senate 27/06/2018 - This instrument prescribes a levy rate for the purpose of the Seafarers Rehabilitation and Compensation Levy Act 1992.

Heavy Vehicle National Law - Victoria Class 3 2-Axle Bus Mass Exemption Notice 2018 (No.1)
22 June 2018 - This Notice exempts 2-axle buses operating in Victoria manufactured before a certain date from compliance with certain prescribed mass requirements.

Heavy Vehicle National Law - New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1)
19 June 2018 - This Notice is intended is to exempt silage trailers from certain mass and dimension requirements under the Heavy Vehicle National Law (HVNL).

National Heavy Vehicle Standards (Emergency Services Speed Limiting) Exemption Notice 2018 (No. 1)
18 June 2018 - The purpose of this notice is to exempt emergency vehicles that are heavy vehicles from complying with certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation).

Heavy Vehicle National Law - New South Wales Class 1 Silage Trailer Mass and Dimension Exemption Notice 2018 (No.1)
18 June 2018 - This Notice is intended is to exempt silage trailers from certain mass and dimension requirements under the Heavy Vehicle National Law (HVNL).

Victoria

Labour Hire Licensing Act 2018
Date of assent: 26 June 2018, Act Number: 25/2018.

Victorian legislation is available at www.legislation.vic.gov.au.

New South Wales

Proclamations commencing Acts

Transport Administration Amendment (Sydney Metro) Act 2018 No 18 (2018-275) — published LW 22 June 2018.

Regulations and other miscellaneous instruments

Bills passed by both Houses of Parliament

Modern Slavery Bill 2018

Bills assented to

Modern Slavery Act 2018 No 30 — Assented to 27 June 2018.

For the full text of Bills, and details on the passage of Bills, see Bills.

Queensland

Acts

Heavy Vehicle National Law and Other Legislation Amendment Act 2018
Assent Date: 18/06/2018 Act No: 10 Commences: Commencement: (1) Sections 16, 32, 33, 34 and 43 commence immediately after the commencement of the Heavy Vehicle National Law and Other Legislation Amendment Act 2016, section 10. (2) Parts 2, 3 and 8 and sections 12 to 15, 17, 18, 24 to 31 and 35 to 41 commence on 1 July 2018. (3) Sections 19 to 23, 42, 45(1) and 47 commence on a day to be fixed by proclamation.

Subordinate legislation as made

No 89 Heavy Vehicle National Legislation Amendment Regulation 2018 22 June 2018
The Regulation makes a range of nationally agreed minor or technical amendments to the following Heavy Vehicle National Law Act 2012 regulations: (a) Heavy Vehicle (General) National Regulation; (b) Heavy Vehicle (Mass, Dimension and Loading) National Regulation; and (c) Heavy Vehicle (Vehicle Standards) National Regulation.

No 90 Heavy Vehicle (Registration) National Regulation 22 June 2018
The Regulation details the information to be contained in the national operator fleet dataset and its ongoing use, including; (a) information about registered heavy vehicles; (b) information about registered operators of heavy vehicles: (c) information about registered heavy vehicles to be given to the Regulator; (d) information about registered operators of heavy vehicles to be given to the Regulator; (e) information about vehicle defect notices; (f) changes to information in the database; and (g) access to information in the database/

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.

Australia: Transport, Shipping & Logistics News – 4 July 2018