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

(43 of 2026)

An Act to amend the Commerce (Trade Descriptions) Act 1905 and the Customs Regulation 2015, and for related purposes

[Assented to 20 May 2026]

The Parliament of Australia enacts:

1   Short title

This Act is the Customs Legislation Amendment (False Trade Marks Infringement Notices) Act 2026.

2   Commencement

 

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

      

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Note: The provisions of the Customs Regulation 2015 amended or inserted by this Act, and any other provisions of that instrument, may be amended or repealed by regulations made under section 270 of the Customs Act 1901 (see subsection 13(5) of the Legislation Act 2003).

Schedule 1   Amendments

Commerce (Trade Descriptions) Act 1905

1   Before section 7

Insert:

Division 1 - General

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.

Customs Regulation 2015

3   Section 135

After "of the Act", insert "or the Commerce (Trade Descriptions) Act 1905".

4   Clause 1 of Schedule 8 (heading)

After " Provisions ", insert " of the Act ".

5   At the end of Schedule 8

Add:

2 Provision of the Commerce (Trade Descriptions) Act 1905 subject to infringement notices

For the purposes of section 135, subsection 10AB(1) of the Commerce (Trade Descriptions) Act 1905 is subject to an infringement notice under Division 2 of Part 15.

6   Application provision

Section 10AB of the Commerce (Trade Descriptions) Act 1905, as added by this Schedule, applies in relation to an import of goods into Australia on or after the commencement of this item, whether the registered trade mark, or mark or sign, was applied, altered, defaced, added to, wholly or partly removed, erased or obliterated before, on or after that commencement.