Customs Legislation Amendment (False Trade Marks Infringement Notices) Act 2026 (43 of 2026)

Schedule 1   Amendments

Commerce (Trade Descriptions) Act 1905

2   At the end of Part III

Add:

Division 2 - Goods with false trade marks

10AB Offence of importing goods with false trade marks

(1) A person commits an offence of strict liability if:

(a) the person imports goods into Australia; and

(b) any of the following applies:

(i) there is a registered trade mark on the goods;

(ii) there is a mark or sign on the goods that is substantially identical to a registered trade mark;

(iii) a registered trade mark on the goods has been altered, defaced, added to, wholly or partly removed, erased or obliterated.

Penalty: 60 penalty units.

(2) Subsection (1) does not apply if the registered trade mark, or mark or sign, was applied, altered, defaced, added to, wholly or partly removed, erased or obliterated, as the case requires, with the permission of the registered owner, or an authorised user, of the trade mark.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

(3) Subsection (1) does not apply if the application of the registered trade mark, or mark or sign, was required or authorised by the Trade Marks Act 1995, a direction of the Registrar or an order of a court.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.

(4) An expression used in this section has the same meaning as in the Trade Marks Act 1995.

(5) Section 4 does not apply to this section.