DCN May Edition 2019

NEWS IN BRIEF
Stevedores set to axe “likely unfair contract terms”
Stevedores DP World Australia,
Hutchison Ports Australia and Victoria
International Container Terminal agreed
to change contracts with land transport
businesses after the competition regulator
raised concerns they could be unfair.
DPWA and Hutchison had contract
terms allowing a stevedore to vary terms
in agreements without notice, including
fees paid by land transport operators.
DPWA and Hutchison also had terms
limiting their liability for loss or damage
suffered by transport businesses, while
not offering the transport businesses
the same protections.
VICT’s contract had a term requiring
transport businesses to indemnify VICT
for loss or damage, without a reciprocal
obligation.
The DPWA standard agreement also
required the transport businesses
to pay the stevedore’s legal costs
and expenses, in situations where
such payments normally would be
determined in court.
The ACCC says the three stevedores
cooperated with the ACCC investigation.
Hutchison made its commitments in a
court enforceable undertaking and is to
place a corrective notice on its website
as well as run a compliance program.
“Thousands of transport businesses,
which have standard form agreements
with DP World, Hutchison and VICT,
stand to benefit from these changes,”
ACCC commissioner Sarah Court said.
“The handling of containers has a
direct bearing on the cost of goods
in Australia and the competitiveness
of Australian exports, so it is crucial
for businesses and consumers that
the supply chain operates fairly and
efficiently.”
The ACCC began its investigation early
last year following concerns raised about
alleged unfair terms.
The ACCC’s 2018 Container Stevedore
Monitoring Report noted the ACCC
was assessing unfair contract terms
within the industry. The ACCC has now
concluded that assessment.
Shipping registration changes take effect
FOR
SALE
The Australian Maritime Safety Authority has reminded industry
that changes have been made to shipping registration laws,
effective 1 April.
According to AMSA, there are no changes to the way that ships
are registered on the Australian registers unless you do not know
the vessel’s full ownership history.
But if you buy or acquire a vessel and do not know its full
ownership history you must lodge a notice of intention to register a
ship to be published on the AMSA website.
This is a change to the old requirement for a gazette notice to
be submitted to the Federal Register of Legislation. If you have a
claim to a ship for which a notice of intention to register has been
received you can submit objections to an intention to register
to AMSA.
Meanwhile the way you close a registration—for ships not
required to be registered— also has changed. It is now possible
for the owner to apply to close a registration if the Australian
registration is no longer required.
“Previously this application could only be made by the registered
owner,” AMSA stated.
More information can be found by visiting the AMSA website.
INDUSTRY EVENTS
2019 EVENT
23-24 May AFIF 2019 National Conference and Gala Dinner, Melbourne afif.asn.au
26-27 June Ports Business & Operational Conference, Townsville portsaustralia.com.au/news/conference/
business-operations
10-13 September Australasian Coasts & Ports 2019, Hobart coastsandports2019.com.au
8-10 October Pacific 2019 International Maritime Conference, Sydney pacificexpo.com.au
28 October – 1 November AMPI Pilotage & Ports Logistics Conference, Sydney ampi.org.au/AMPI2019
14 November 2019 Australian Shipping & Maritime Industry Awards, Melbourne dcnawards.com.au
To notify DCN of events please email us at editorial@paragonmedia.com.au
DOGMAge
14 May 2019
thedcn.com.au