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

Summary

Counterfeit goods imported into Australia will now be subject to a new strict liability offence under the Commerce (Trade Descriptions) Act 1905, meaning customs officers can take action simply because the goods bear a false trademark — they won't need to prove intent. The Australian Border Force will be able to issue infringement notices (similar to fines) to importers caught with counterfeit goods, rather than always having to go through formal prosecution in court. This change, made by amending the Customs Regulation 2015, gives border officials a faster and more flexible tool to stop fake branded products at the border and penalise importers without lengthy court proceedings.

What happens at this stage

The final vote in this chamber on the bill as a whole, after all amendments have been considered. If it passes, the bill moves to the other chamber to go through the same process. If both chambers have already agreed to identical text, the bill proceeds directly to Royal Assent.

Next: The other chamber, which runs the same process from First Reading, or Royal Assent if both chambers have already agreed