In the media
Blitz results prompt criticism of managers and
supervisors from police
NSW north coast compliance shortfalls revealed after
Police and Roads and Maritime Services (RMS)
conducted a heavy-vehicle traffic operation there as part of
Operation Towards Zero (23 August 2018).
More...
Transhipping policy offers greater protection for Great
Barrier Reef
The Palaszczuk Government's new transhipping policy
will prohibit transhipping within the Great Barrier Reef Marine
Park and restrict transhipping operations in the World Heritage
Area to areas that are declared ports only. This policy complements
the Government's commitments under the Reef 2050 Plan (23
August 2018).
More...
ATA Opinion: Independence needed in truck law
review
The Heavy Vehicle National Law (HVNL)
needs to be pulled apart and redone, apart from the new safety
provisions in what will become Chapter 1A of the law (23 August
2018).
More...
ALC supports adoption of global data standards
The Australian Logistics Council (ALC) in
conjunction with GS1 Australia has announced its endorsement of
global data standards (GDS) in a further bid to
improve freight visibility and supply chain efficiencies (22 August
2018).
More...
Blueprint Prepared for Australia's Hydrogen
Trade
Australia has the potential for an
economically-sustainable hydrogen industry, according to a
blueprint released by national science agency CSIRO. Hydrogen is a
clean-burning fuel with a range of uses from powering vehicles to
storing energy (22 August 2018).
More...
A Broader Safety Platform for Seafarers in
Distress
Following the decision to include L-Band connectivity in
the International Maritime Organization's Global Maritime
Distress System, real progress can be made in the functionality of
the satellite-based emergency service seafarers call on in the last
resort (22 August 2018).
More...
Live export industry 'under cloud' after Emanuel
Exports licence cancellation, farmers say
The future of the live sheep trade is under a cloud after
the cancellation of the export licence of Emanuel Exports, the
Pastoralists and Graziers Association says (22 August 2018).
More...
Working with the heavy vehicle industry to improve our
freight networks
The heavy-vehicle industry is invited to submit proposals
on how best to trial a user-pays system for delivering the road
infrastructure needed to improve freight networks (21 August 2018).
More...
More help for drought-affected farmers
Direct assistance and concessional loans to aid
drought-stricken farmers across the nation will increase to $1.8
billion as part of the next phase of the Government's drought
package (19 August 2018).
More...
NHVR taken to task on compliance and enforcement
consultation
The National Heavy Vehicle Regulator
(NHVR) has come in for some harsh criticism over
how it is handling industry input into the draft National
Compliance and Enforcement Policy (NCEP) (17
August 2018).
More...
ATA sees shortfall in Transuban's WestConnex
pledges
Transurban's draft undertaking to the ACCC does not
address the trucking industry's concerns about the proposed
acquisition of WestConnex, according to Australian Trucking
Association (ATA) (17 August 2018).
More...
There's more to the Port of Newcastle than just
containers
A container terminal at Newcastle would justify building a
rail freight bypass of Sydney between Newcastle, Badgery's
Creek and Port Kembla. This bypass would be paid for by replacing
Port Botany's container trucks with Newcastle's container
trains. It would enable trains to replace trucks for transporting
the bulk of Sydney's regional and interstate freight (17 August
2018).
More...
Andrews pledges $4m for truck driver training
Victorian premier Daniel Andrews has pledged $4 million to
cover the training of 800 new heavy vehicle drivers in partnership
with the Victorian Transport Association (VTA) and
others (16 August 2018).
More...
Body of work' needed on slavery in supply
chains
One in five procurement managers say their organisaiton
hasn't taken steps on modern slavery. Experts say the Modern
Slavery Act will significantly impact how governments and companies
procure goods and services, so why aren't more procurement
managers ready (16 August 2018).
More...
Green light for new Inland Rail Queensland Community
Consultative Committee
The Australian Government welcomes the establishment of a
Community Consultative Committee (CCC) for the
Kagaru to Acacia Ridge and Bromelton section of the Inland Rail
project (15 August 2018).
More...
Newell Highway strategy receives $2M boost
The Federal Liberal and Nationals' Government has
announced funding of $2 million for the development of a Newell
Highway Corridor Strategy (14 August 2018).
More...
Aurizon prevented from closing Queensland intermodal
business
The Federal Court has ordered that Aurizon must continue
operating its Queensland intermodal business while the ACCC's
case against Pacific National and Aurizon is heard and determined.
The ACCC instituted proceedings against Pacific National and
Aurizon, and their related entities (13 August 2018).
More...
More hay to be transported per truckload to
drought-affected farmers
The NSW Government announces new freight measures to
assist drought-affected farmers across the state (13 August 2018).
More...
$3.9 Million funding boost for heavy vehicle safety
projects
An edu-tech app to help educate learner drivers about
sharing roads safely with trucks, Australia's first roadside
effluent disposal facility for livestock carriers and a video
series promoting 10 top safety tips are among the 14 initiatives to
receive funding from the latest round of the NHVR Heavy Vehicle
Safety Initiative (10 August 2018).
More...
Published – articles, papers, reports
Business case program for location-specific heavy
vehicle charging trials: proposal information kit
Department of Infrastructure, Regional Development and
Cities (Australia): 21 August 2018
The Business Case Program for Location-Specific Heavy Vehicle
Charging Trials has opened and is seeking industry-driven proposals
on how best to trial a system designed to fund upgrades to the road
freight network and eliminate pinch points. More...
On the Road - On the Road - Issue 41, 13 August 2018 -
NHVR newsletter
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
Business Case Program for Location-Specific Heavy
Vehicle Charging Trials
This Business Case Program puts stakeholders connected to
the heavy vehicle industry at the centre of the infrastructure
planning process. A range of stakeholders connected to the road
freight sector are eligible to submit a proposal to develop a
business case by 21 September 2018. For more information on how to
submit a proposal click
here (21 August 2018).
NHVR consultation reminder: D3 modification draft
code
To allow certification of some common modifications to
heavy vehicle rear tyres and rims by Approved Vehicle Examiners
(AVEs) rather than requiring approval from the
NHVR. The draft D3 modification code and required AVE qualification
recommendation were open for feedback until August 25.
NHVR: Changes to Chain of Responsibility laws confirmed
for October 1
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...
AMSA: Mandatory float-free EPIRBs
From 1 January 2021, float-free emergency position
indicating radio beacons (EPIRBs) will be
mandatory on certain types of domestic commercial vessels. AMSA
conducted extensive public consultation about changes to
requirements for carrying float-free EPIRBs. As a result we are
making changes to the National Standard for Commercial Vessels
(NSCV) from 1 January 2019, with a two-year
transition period (17 August 2018).
More...
ACCC update: About the compulsory Takata airbag
recall
The Assistant Minister to the Treasurer, the Hon Michael
Sukkar has issued a compulsory recall for all vehicles with
defective Takata airbags, following an ACCC safety investigation.
Product details are outlined here (August 2018).
More...
Cases
Zetta Jet Pte Ltd v The Ship "Dragon Pearl" (No
2) [2018] FCAFC
132
PRACTICE AND PROCEDURE – application for leave to
appeal against decision summarily dismissing in rem claim against a
vessel – where proceeding dismissed after plaintiffs informed
the Court that they could not proceed with case –
consideration of principles of res judicata – whether final
judgment must be decided "on the merits".
PRACTICE AND PROCEDURE – application for leave to appeal
against decision refusing an injunction to prevent the removal or
alienation of vessel – claim of urgent provisional relief
under UNCITRAL Model Law on Cross-Border Insolvency based on s
588FF of the Corporations Act 2001 (Cth) –
consideration of nature of claim under s 588FF – whether sale
of ship was an uncommercial transaction – leave to appeal
granted – matter remitted for further consideration by
primary judge.
Donau Pty Limited v ASC AWD Shipbuilder Pty
Limited [2018] NSWSC
1273
CONTRACTS – Construction and interpretation –
Parol evidence rule – Prior negotiations – Subsequent
conduct.
CONTRACTS – Termination – Election – Where a
party's conduct is consistent with both an election to affirm
the contract and the reservation of a right to terminate.
CONTRACTS – Construction – Interpretation –
Implicit limitation on contractual right that right be exercised
within a reasonable time.
CONTRACTS – Termination – Consequences of termination
– Whether claim for liquidated damages released by
contractual provision.
CONTRACTS – Misleading conduct under statute –
Misleading or deceptive conduct – Opinions –
Predictions – Whether the impugned conduct was misleading or
deceptive – Causation and reliance.
By an Alliance Based Target Incentive Agreement dated 3 October
2007 between the Commonwealth of Australia, the defendant, ASC AWD
Shipbuilder Pty Ltd (ASC), a wholly owned
subsidiary of ASC Shipbuilding Pty Ltd, and Raytheon Australia Pty
Ltd (together, the AWD Alliance), ASC agreed to
build for the Commonwealth at least three air warfare destroyer
(AWD) ships and Raytheon agreed to design and
supply the combat systems for the ships. The ships were designed by
Navantia SA, a company based in Spain, under a separate
contract.
Khan v Roads and Maritime Services
[2018] NSWCATOD 128
PASSENGER TRANSPORT – bus driver authority –
fit and proper person – driving record – misleading
statement in application – effect under other legislation.
Passenger Transport Act 1990 (NSW); Passenger Transport
(General) Regulation 2017 (NSW).
Legislation
Commonwealth
Gazetted
Heavy Vehicle National Law - New South Wales Class 3
Drought Assistance Dimension Exemption Notice 2018 (No.1)
13/08/2018 - This Notice is intended is to exempt eligible
vehicles from complying with certain dimension requirements when
transporting baled or rolled hay to be used as fodder for
consumption by livestock in declared drought affected areas in New
South Wales. More...
Queensland
Subordinate legislation as made – 17 August 2018
SL No 119
Transport Operations (Passenger Transport) Regulation
2018
Amends Subdivision 2 Fatigue management information –
recording and reporting
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.
