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ARTICLE · 20 JULY 2026

Counterfeit Imports – Tougher Penalties At The Border

Pointon Partners
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Australia strengthens its response to counterfeit goods importation through new legislation that creates strict liability offences and enables infringement notices at the border. The amendments aim to make counterfeit importing unprofitable by ensuring penalties and seized goods exceed potential profits. How will these changes impact intellectual property rights holders and importers operating in Australia?

AustraliaIntellectual Property
Felicity Cara-Carson
Felicity Cara-Carson
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The Customs Legislation Amendment (False Trade Marks Infringement Notices) Bill 2026 (“Bill”) amends the Commerce (Trade Descriptions) Act 1905 (Cth) (“CTD Act”) and the Customs Regulation 20151 (“Customs Regulation”) and seeks to strengthen Australia’s response to the importation of counterfeit goods. The Bill was introduced into the House of Representatives on 25 March 2026 and subsequently passed Parliament, receiving Royal Assent on 20 May 20262.

According to the Explanatory Memorandum, the purpose of these amendments is to strengthen enforcement against the importation of counterfeit goods by:

  1. Creating a new strict liability offence under the CTD Act for importing goods that bear false trade marks (being an offence which imposes liability without the need for the prosecution to prove fault). The new provisions provide that a person can be punishable by a maximum penalty of 60 units3. At the time that the Explanatory Memorandum was prepared, one penalty unit was equal to $330

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