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.

People can be fined 60 penalty units for importing goods into Australia that have a registered trade mark, a mark that looks almost identical to one, or a trade mark that has been changed or removed.

This fine applies even if the person did not know the trade mark was fake or altered.

The fine does not apply if the trade mark owner or an allowed user gave permission for the mark to be used or changed.

The fine also does not apply if the Trade Marks Act 1995, a court order, or a direction from the Registrar required or allowed the mark to be used.

Customs can now issue infringement notices to people who import these goods.