Customs Legislation Amendment (False Trade Marks Infringement Notices) Bill 2026; Second Reading

Summary

Australia's border force will gain a faster way to deal with counterfeit goods—fake products bearing forged trade marks. Currently, catching someone importing counterfeits means going through a full prosecution; this change lets the Australian Border Force issue an on-the-spot infringement notice instead, similar to a fine. The change amends two laws: the Commerce (Trade Descriptions) Act 1905, which will now make importing counterfeit goods a strict liability offence (meaning you're responsible even if you didn't know the goods were fake), and the Customs Regulation 2015, which will add this offence to the Infringement Notice Scheme. For importers and businesses, this means faster enforcement and potentially quicker penalties rather than court cases; for customs officers, it's a more efficient tool to protect Australian trade mark owners from counterfeiting.

What happens at this stage

The main debate on whether the chamber supports the broad purpose of the bill. Members speak to its overall merits and concerns rather than the fine print. The government outlines its policy intentions; the opposition and crossbench put their case. This is the stage that determines whether the bill proceeds at all.

Next: Consideration in Detail (House) or Committee of the Whole (Senate), where the bill is examined clause by clause