Category: Customs & Trade


This article was first published by Daily Cargo News, January 2019. 

It really should come as no surprise that Australia and New Zealand have a shared experience and agenda when it comes to customs and trade matters. After all, both countries started out as far-flung outposts of the British Empire, both started with a similar legal framework and both have some similar trade interests and challenges, as well as similar national security interests.

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This article was first published by AirCargo Magazine, December 2018.

One of the essential elements of good regulation is the need for clear contemporary supporting legislation and associated regulation. 

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This article was first published by the Customs Brokers and Forwarders Council of Australia

I have been working with the Customs Brokers and Forwarders Council of Australia (CBFCA) to develop guidance material and host legal forums on the introduction of the Trans-Pacific Partnership (TPP-11), a free trade agreement that comes into play from 30 December 2018.

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Trans Pacific Partnership (TPP 11) to start on 30 December 2018 

Good news for all – six countries have ratified the commencement of TPP 11, which is the magic number to allow the agreement to commence (for those countries which have ratified the Agreement)

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There has been a significant amendment to the Trade Marks Act 1995 which further entrenches the legality of parallel imports in Australia.

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While most of the Australian population (and its media) are fixated on the Royal visit or the AFL player trade, those in the industry have had a similar level of interest in the movement towards Australian domestic ratification of the Trans Pacific Partnership (TPP-11) (aka the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)) and its possible commencement date.

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This article was first published by Daily Cargo News, October 2018. 

A SENIOR trade lawyer says the Trans-Pacific Partnership still will be subject to a transparent review process before being implemented by the government.

The Maritime Union National Council recently passed a resolution describing the TPP-11 as enabling corporations to seek “unfettered access to Australian government contracts” and something that would “destroy Australian jobs”.

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Readers will be aware from our previous articles (available herehere and here ) that the new Chain of Responsibility (CoR) provisions under the Heavy Vehicle National Law (HVNL) will come into force on 1 October 2018.

The new CoR provisions place a primary duty on each member of the supply chain to prevent breaches of the HVNL. Recent commentary has addressed responsibilities of members of the supply chain generally. In this article we seek to address issues of load restraint on heavy vehicles including more specifically the packing of freight containers which are then loaded onto heavy vehicles.

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Notwithstanding the issues associated with changes in the Australian Federal Government (including a new prime minister and new ministers for both Foreign Affairs and Trade), the process of approval of new Free Trade Agreements (FTAs) and parliamentary reviews of FTAs before enabling legislation is introduced to Parliament has continued. 

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Infringement Notices (INs) were once a relatively minor nuisance in industry, largely associated with speeding or parking fines. However, since the introduction of the Infringement Notice Scheme (INS) to the Customs Act 1901 (Customs Act), INs have taken on much greater significance. That significance may escalate again following a recent media release by the Australian Border Force and the release by the Department of Agriculture and Water Resources of its notice of intention to implement its broadly-based INS under the Biosecurity Act 2015 (Biosecurity Act).

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