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

Overview

The Customs Legislation Amendment (False Trade Marks Infringement Notices) Act 2026 was enacted by the Parliament of Australia to address the issue of the importation of goods bearing false trademarks into Australia. The act aims to strengthen the enforcement of trademark laws by imposing strict liability offences for the importation of such goods, with penalties for non-compliance. This legislative amendment targets the gap in the current legal framework by introducing new provisions under the Commerce (Trade Descriptions) Act 1905, thereby enhancing the protection of intellectual property rights within the country. The policy objective is to deter the importation of counterfeit or misleadingly marked goods, thereby safeguarding consumers and legitimate businesses from the adverse effects of trademark infringement. The Customs Legislation Amendment (False Trade Marks Infringement Notices) Act 2026 also amends the Customs Regulation 2015 to align with the new provisions introduced under the Commerce (Trade Descriptions) Act 1905. By doing so, it ensures that the regulatory framework is robust and effective in addressing the issue of false trademarks in imported goods. This legislative change was made to provide a comprehensive solution to the problem of trademark infringement through stricter penalties and clearer legal provisions, thus reinforcing the integrity of Australia’s trade and commerce environment.

Scope and Application

The Customs Legislation Amendment (False Trade Marks Infringement Notices) Act 2026 amends the Commerce (Trade Descriptions) Act 1905 and the Customs Regulations 2015, introducing stricter measures against the importation of goods bearing false trademarks. This Act applies to any person or entity that imports goods into Australia, making them liable for offences related to false trade marks. Specifically, it targets the importation of goods that either have a registered trade mark that has been altered, defaced, or otherwise tampered with, or bear a mark or sign that is substantially identical to a registered trade mark. The Act applies on a national level, impacting all states and territories within Australia. The penalties for contravening this Act include strict liability offences with a penalty of 60 penalty units. However, the Act exempts cases where the alteration of the trademark was done with the permission of the registered owner or as required by the Trade Marks Act 1995 or a court order. The application of this Act may be extended or further defined through subordinate instruments, as indicated by the ability to amend the Customs Regulation 2015 under the Customs Act 1901.

Key Provisions

The Customs Legislation Amendment (False Trade Marks Infringement Notices) Act 2026 introduces significant changes to the Commerce (Trade Descriptions) Act 1905 and the Customs Regulation 2015. It primarily focuses on the introduction of new offences and penalties for the importation of goods bearing false trade marks, and the establishment of infringement notices for these offences (sections 10AB). Specifically, the Act makes it an offence of strict liability for a person to import goods into Australia if those goods bear a registered trade mark that has been altered, defaced, or otherwise modified without the permission of the registered owner or an authorised user, or if the goods bear a mark or sign that is substantially identical to a registered trade mark. The penalty for this offence is 60 penalty units (section 10AB(1)). Entities and individuals governed by this Act must ensure that any goods imported into Australia comply with the requirements regarding registered trade marks. This means that any alteration, defacement, addition, or removal of a registered trade mark must be done with the permission of the registered owner or an authorised user, or as required or authorised by the Trade Marks Act 1995, a direction of the Registrar, or an order of a court. Failure to adhere to these provisions can result in the imposition of an infringement notice under Division 2 of Part 15 of the Commerce (Trade Descriptions) Act 1905 (section 10AB(2)-(4)). The Act also clarifies that the application of section 4 of the Trade Marks Act 1995 does not apply to this new provision (section 10AB(5)). The Act imposes significant penalties and consequences for breaches of its provisions. The primary consequence is the imposition of an infringement notice for the offence of importing goods with false trade marks. Additionally, the Customs Regulation 2015 is amended to include references to the new provisions in the Commerce (Trade Descriptions) Act 1905, ensuring that customs officers are aware of and can enforce the new requirements (sections 3 and 4). The Act applies to imports of goods on or after its commencement, regardless of when the alleged offence occurred (section 6). The maximum penalty for the offence is 60 penalty units, which translates to a financial penalty based on the prescribed unit amount.