In the media

Shipping cartel fines now total $83.5 million after WWO conviction
Norwegian-based global shipping company Wallenius Wilhelmsen Ocean AS (WWO) has been convicted of criminal cartel conduct and ordered by the Federal Court to pay a fine of $24 million, in a case prosecuted by the CDPP) (05 February 2021). More...

Majority of global ports are missing out on digitalization
While advocates of digitalization predicted strong gains as ports and the logistics chain realized the benefits of the new technologies, it appears much of the advancement has been limited to the largest ports (05 February 2021). More...

Online shopping boom and new trade deal has exposed vulnerabilities in logistics sector
A global risk management provider warns businesses in the logistics and supply chain sectors that the exponential growth in delivery volumes experienced in 2020, has exposed operational and workforce vulnerabilities. The sector is encouraged to embed long-term improvements into their operations and workforce in early 2021 (04 February 2021). More...

Australian exporters feel the pinch as shipping container shortage, COVID-19 protocols take a toll
Australian food exporters are being caught in a global supply chain crunch as a shortage of food-grade shipping containers drives up costs and slashes the shelf life of fresh produce (01 February 2021). More...

Australia calls on carriers for sweeper vessels to clear empty-box logjam
Transport operators in Australia have called on shipping lines for more 'sweeper' vessels to alleviate the country's empty-container logjam – a mess "they created". Arthur Tzaneros, CEO of ?ACFS Port Logistics, said container park congestion was the biggest challenge currently facing the industry (04 February 2021). More...

Patrick container weight variance fee spurs concern
The move of stevedore Patrick Terminals to charge shippers for mis-declared weights of imported containers has raised road haulage concern about how this will be implemented (25 January 2021). More...

Private operator should fund Port of Melbourne upgrade
Shipping Australia has lodged a submission with the Victorian Essential Services Commission (ESC) objecting to a price hike plan by the private operators of the Port of Melbourne (05 February 2021). More...

NHVR files primary duties charges against South Australia company
Primary duties offences have been laid against a South Australian manufacturing company and its executive following an incident in February 2019. The company has been charged with category 1, 2 and 3 offences under the Heavy Vehicle National Law while the executive has been charged with failure comply with a duty (01 February 2021). More...

ALC doubles down on national operating standard push
The Australian Logistics Council (ALC) is prosecuting its national operating standard (NOS) argument with renewed vigour, releasing a document on the concept and taking the matter to the National Heavy Vehicle Regulator (NHVR) (02 February 2021). More...

PBS standard for directional stability under braking
The NHVR has released a discussion paper on the transition arrangements for implementing the new deemed to comply provisions for the PBS standard related to Directional Stability Under Braking. From July 2022 will need to comply with the new requirements regardless of their manufacture date (03 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 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...

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: PBS directional stability under braking standard open for consultation
The National Heavy Vehicle Regulator (NHVR) has opened consultation on the implementation of amendments to the PBS Directional Stability Under Braking (DSUB) Standard. . For additional information or to provide feedback, review please click here. Feedback on the paper is open until 12 February 2021.

NHVR Heavy Vehicle Safety Initiative (HVSI): Round 6
Applications for Round 6 of the NHVR's HVSI are open until 12 February 2021. Projects must be implementable, commence in the 2021-22 financial year and be completed by 30 June 2024. For more information or to view the Heavy Vehicle Safety Initiative 2021-22 Submission Guidelines, please click 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.

Rural and regional affairs and transport references committee
 Importance of a viable, safe, sustainable and efficient road transport industry
Status: Submissions closed Date Referred: 11 September 2019 Reporting Date: 11 February 2021

Road vehicle standards act draft determinations
The Department of Infrastructure has released a series of draft determinations on issues relevant to the Road Vehicle Standards Act implementation. The Draft Determinations and draft Explanatory Statements can be accessed on the RVSA Guidance Material Consultation webpage. Determination 1 is relevant to vehicle manufacturers.

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 Marine notice 10/2020. Supersedes 04/2020
UPDATED: Temporary arrangements for the maximum period of shipboard service for seafarers during COVID-19 pandemic.
This marine notice provides information to vessel owners, operators and seafarers about AMSA's updated approach to applying the Maritime Labour Convention, 2006 (MLC, 2006). After 28 February 2021, AMSA will revert to the compliance and enforcement approach outlined in marine notice 17/2016 here. 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...

CTAA - Patrick Terminals' Landside Fee Increases - 1 March 2021
February 4, 2021 - On 29 January, 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...

DAWE Import industry advice notices
 14-2021 - Utilising the Entity Identification (AEI) field for used vehicles treated through the Recognised Offshore Cleaning Provider Scheme – 29 January 2021

ABF notices
 2021-06 - Indexation of customs duty rates on excise-equivalent goods on 1 February 2021

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...

ABF Customs notices
2021-06: Indexation of customs duty rates on excise-equivalent goods on 1 February 2021
Indexation of customs duty rates on excise-equivalent goods on 1 February 2021 Updated 29 January 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. Read submission here

Legislation

Commonwealth

Acts Compilation

Environment Protection (Sea Dumping) Act 1981
02/02/2021 - Act No. 101 of 1981 as amended

Maritime Transport and Offshore Facilities Security Act 2003
27/01/2021 - Act No. 131 of 2003 as amended

Gazetted

Heavy Vehicle National Law - National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2021 (No.1)
05/02/2021 - To exempt specified categories of permitted personal activity from the definition of work, with the intention that those activities are not counted as work time for a driver under Standard Hours. This notice commences on 5 February 2021.

Heavy Vehicle National Law - South Australian Heavy Vehicle Standards (2 For 3 Bus Seat) Exemption Notice 2021 (No.1)
29/01/2021 – This Notice is made under section 61 of the Heavy Vehicle National Law (the National Law) as in force in South Australia. This Notice commences on 29 January 2021.

National Heavy Vehicle Regulator – Fee for Victorian Services Notice 2021 (No.1)
28/01/2021 – The purpose of this Notice is to set fees payable for the provision of services connected to the administration of the Heavy Vehicle National Law (HVNL). The Notice takes effect on 1 February 2021.

Heavy Vehicle National Law - Tasmania Class 1 Heavy Vehicle Unladen Low Loader and Low Loader Dolly Dimension Exemption Notice 2021 (No.1)
27/01/2021 - This Notice also removes certain Schedule 8 conditions of the National Regulation regarding towing a low loader dolly and night travel.

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.

Queensland

Subordinate legislation as made
No 6 Transport Operations (Road Use Management—Driver Licensing) (Hazard Perception Test) 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.