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

Summary

Australia's border force will gain a faster, simpler way to deal with counterfeit goods entering the country. Currently, if someone tries to import fake branded products, the only option is to prosecute them in court. This amendment creates a new strict liability offence (meaning intent doesn't matter — just the act of importing fakes is enough) and allows the Australian Border Force to issue on-the-spot infringement notices instead, similar to a fine. The changes amend the Commerce (Trade Descriptions) Act 1905 and the Customs Regulation 2015 to add this new offence and plug it into the existing Infringement Notice Scheme. This means counterfeit goods can now be stopped at the border faster and with less bureaucracy, protecting legitimate businesses and consumers from fake products.

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