[no bill text published] Criminal offence for importing goods with fake or altered trade marks
Customs Legislation Amendment (False Trade Marks Infringement Notices) Bill 2026
1st House
2nd House
Law
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
A person commits an offence if they import goods into Australia with a registered trade mark; this applies if the mark is substantially identical to a registered one.
The offence also applies if a registered trade mark on the goods has been altered, removed or erased.
This is a strict liability offence; the person can be fined 60 penalty units.
The offence does not apply if the trade mark owner or an authorised user gave permission for the changes.
The offence does not apply if the Trade Marks Act 1995, a court order or the Registrar required the mark.
Customs can issue infringement notices for this offence.