FTA Weekly Report 2014/47 - sponsored by Real Institute

Tuesday, November 25, 2014

FTA WEEKLY REPORT 2014/47
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Our golf day returns early in 2015!

 

·        As you can see from the above banner, we are excited to launch our Feb 2015 golf day and would like to thankReal Institute for again being our major sponsor - to register please click HERE or reserve your spot / enquire about sponsorship, please contact Caroline on 02 9975 1878 or at czalai@FTAlliance.com.au

·        We hope that you manage your transport logistics OK after today's MUA AGM resulting in outages at many national sea freight terminals - as always, we will keep you up to date on developments via the FTA newssection of our web site.

·        Congratulations to all of the recipients at last week's prestigious Lloyds List Australia '19th Australian Shipping & Maritime Industry Awards' - for more refer to the  full event details and photo gallery ... in this week's newsletter we have showcased several of those recipients who are valued FTA subscribers !!!

Brett Watson (CMA CGM), the beautiful Caroline Zalai and PZ

 

·        Back to business, today NICTA will discuss their export Trusted Trader initiative - for further detail please clickHERE.

·        As outlined below, we have engaged with the National Heavy Vehicle Regulator in relation to oversize/overmass (OSOM) vehicles.

·        Other highlights from the last week include our commentary on the Joint Border Fee Review (login required) and the release of Professor David Widdowson's paper relating to the Review of Licensing Provisions.

·        My recent blog on 'Identity Theft' continues to generate interest ... please refer below to interesting commentary from Russell Wiese, Partner - Hunt & Hunt Lawyers.


WELCOME TO THE ALLIANCE

·        We would also like to welcome our latest FTA subscribers being CTS (Customs & Trade Solutions) Pty Ltd, Tradecom Consulting Group Pty Ltd and Schenker Australia Pty Ltd.


Paul Zalai - FTA

 

Click HERE to view the new and  improved benefits available by joining the Alliance!

 

Join the Alliance by clicking HERE

Information for customs brokers and freight forwarders.


Changes to heavy vehicle law ... click HERE

NICTA welcomes German Chancellor Angela Merkel 


NICTA was honoured to host a visit from the Chancellor of Germany, Angela Merkel on Monday 17th November - please click on theimageabove to view the latest You Tube clip.
 
NICTA was the only site Chancellor Merkel visited in Sydney outside the G20 commitments. This was a huge honour for NICTA and Future Logistics Living Lab and an acknowledgement of NICTA's international standing.



Freight & Trade Alliance (FTA) is proud to be a NICTAIndustry Participant collaborating on project ideas - those delegates who attended the May 2014 inaugural FTA (CPD) Border Compliance Program, that was hosted at NICTA's premises, would be very familiar with the Future Logistics Living Lab.

For those who want to know more about direct participation in NICTA's activities or to arrange a tour of the Future Logistics Living Lab, please contact Gemma.Giuliano@nicta.com.au

Paul Zalai - FTA

Sponsors

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FTA's Official Media Partner - receive your 20% discount to Lloyds List Australia publications and services - a saving of $147.40 per year on the "industry package"

 

Click HERE to view the Workplace / HR benefits to FTA subscribers

Click HERE to view the process for businesses looking buy, merge or sell

We have plenty of buyers ... now looking for sellers!

FTA subscribers at the Australian Shipping & Maritime Industry Awards

Customs Broker of the Year

(Centre) Bronwyn Revell, DMS Global with support of daughter, Annabelle

Freight Forwarder of the Year

(Left) Louise Rigoni and (Centre) Mark Callus - Customs Agency Services

Customs Broker - Highly Commended

(Left) David Scott, (Right) Richard Wilson, Commercial Freight & Logistics

Freight Forwarder - Highly Commended

(Right) Travis Philip - Transtar International Freight

BLOG - Customs' official notice on identity theft

Customs brokers need to take reasonable steps to meet compliance now and to be well positioned for emerging reforms.

Russell Wiese (Partner, Hunt & Hunt Lawyers) has responded to my blog published in Lloyds List Newswire on 13 October 2014 relating to this identity theft issue and has tied in references to the recent Customs' notice (ACBPN 2014/52) with the following suggestions on ways to manage risks.

 

·        In Customs' own words this is not onerous and usually an internet search will reveal inconsistencies.

·        Where customs brokers rely on the freight forwarder to provide information, they should review their terms and conditions to see if they contain an indemnity from the freight forwarder for loss suffered by the broker if the information is incorrect.  Further, the freight forwarder should have a positive obligation to undertake the ID checks the broker would usually undertake.  Ultimately, the contractual relationship will probably be with the importer so the customs broker should treat that importer as their own client and conduct the usual ID checks.

·        The ACBPN itself raises some interesting issues.  Customs has suggested that a failure to correctly identify the importer could result in breach of s243T of the Act and result in the broker being liable for underpaid duty.  It is difficult to see how a false statement as to the importer could lead to underpaid duty, other than in the case of an EPBS or Tradex concession.

·        Further, even if either 243T or 243U applied, did the broker cause the false statement to be made?  The explanatory memorandum to the amendments to 243T made it clear that a customs broker has not caused a false statement to be made where he/she merely repeated incorrect information he/she was provided by the importer.  Where a broker merely "made" the false statement, the defence of mistake of fact is available provided the mistaken belief was reasonable (for an individual) or in the case of a corporation, reasonable due diligence was undertaken.

·        Ultimately the ACBPN highlights the need for further clarity from Customs regarding broker liability.  Does there need to be some fault on the part of the customs broker to be liable, or does an incorrect statement merely need to have been made?  Will an honest belief as to an importer's identity be sufficient if there was nothing to suggest the identity was false?

·        Prevention and detection is the key.  Due diligence is recommended when accepting a new client and existing clients should be encouraged to obtain customs data of all entries made under their ABN.  This data will reveal lodgements by unauthorized brokers or entries concerning goods not imported by the ABN holder.  Another method is to simply review the deferred GST amount on the importer's BAS - does that amount match the level of GST payable on known imports by the ABN holder?  If it is greater than expected it might suggest the unauthorised use of the ABN.


The tone of the ACBPN indicated a view by Customs that customs brokers are not taking compliance seriously. It is clear that Customs will have little sympathy for the difficulty of customs brokers meeting increasing compliance requirements in an environment where clients are looking to pay less. 

Russell's concluding comments are worth noting:

'While it is hard to sell the value of good compliance to customers, the introduction of the Trusted Trader Programme may make this conversation easier.  Further, good customs broker compliance now will hold them in good stead for their own involvement in the programme.'

To share your views, please respond to my blog as published in yesterday's Lloyds List Newswire or or at pzalai@FTAlliance.com.au

Paul Zalai – FTA

General

21.11.2014 - NSW Exporter Participant - NICTA Trusted Trader initiative

Trusted Trader Project - The NSW Government is providing co-funding for an Export, Trusted Trader project as part of the Transport & Logistics Knowledge Hub initiative that is being coordinated by NICTA and the Australasian Railways Association. ... read more

 

20.11.2014 - FTA - Joint Border Fees Review

Further to Monday's Freight & Trade Alliance (FTA) commentary & background papers (login required) we can advise the following broad detail from the preliminary Joint Border Fees Review consultative meeting. ... login required

 

20.11.2014 - FTA - Review of Licensing Provisions

Freight & Trade Alliance (FTA) subscribers who attended our September CPD - Border Compliance Program would be familiar with the work completed by Professor David Widdowson - Head of School, Centre for Customs and Excise Studies (CCES), Charles Sturt University. ... login required

 

19.11.2014 - CRT News - Chancellor Merkel previews new German-Australian logistics app

As part of her G20 trip to Australia, German Chancellor, Angela Merkel, has visited communications technology research and development centre, National ICT Australia (NICTA) in Sydney, to preview a new mobile app being jointly developed by German logistics provider, DB Schenker and NICTA. ... read more

 

19.11.2014 - Dezan Shira Weekly Briefings

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Customs

21.11.2014 -  NZ Customs - E Newsletter 283

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19.11.2014 - TC Gazette - 2014/45

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Department of Agriculture

24.11.2014 - Department of Agriculture - October Failing Food Report

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24.11.2014 - Department of Agriculture - Burnt Pine Longicorn (BPL) Beetle – Vessel Inspections

The Department of Agriculture (the department) will commence its annual heightened surveillance regime for managing the risks posed by Burnt Pine Longicorn (BPL) beetles on vessels arriving from New Zealand from 1 December 2014.  .... login required 

 

20.11.2014 - Department of Agriculture - Reducing intervention for new, remanufactured, refurbished or reconditioned aircraft parts

After a review of inspection and risk analysis results, the Department of Agriculture has determined that these parts present minimal biosecurity risk when imported into Australia .... login required 

 

19.11.2014 - Department of Agriculture - Update on Import Processing Delays

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Seafreight

24.11.2014 - Hutchison BNE - operating hours 25 Nov

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24.11.2014 - DP World Fremantle - operating hours 25 Nov

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24.11.2014 - DP World - Daily Situation Report

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21.11.2014 - DP World - Weekly Landslide Report

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21.11.2014 - DP World - Daily Situation Report

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21.11.2014 - Patrick Fisherman Island - authorised stop work meeting

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20.11.2014 - Update on the Maersk Gironde 022 voyage 435S

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20.11.2014 - Lloyds List Australia - Stoppage averted at Port Botany

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20.11.2014 - NSW Ports - Empty Container Park Operations closed on 25 November

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20.11.2014 - Fremantle Ports - Ports News - November 2014

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20.11.2014 - Fremantle Ports - Public weigh bridge opens

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20.11.2014 - DP World - Daily Situation Report

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Airfreight

21.11.2014 - FIATA - E-Flash No 85 - 21 November 2014

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Candidate of the Week

Cartage Coordinator

This candidate really enjoys the role of Cartage Coordinator and pride themselves on their ability to build strong relationships with the transport providers. MUST SEE!

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Insync Top 10 Candidates

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UPCOMING EVENTS

 

DISCLAIMER : FTA does not guarantee that the opinions, conclusions & other information in this report (and links) are free of error. Specialist professional advice should be sought before acting on content contained within this report

Copyright © 2014 Freight & Trade Alliance (FTA) Pty Ltd, All rights reserved.


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