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

Freight & Trade Alliance (FTA) wish to advise members that the Customs Legislation Amendment (False Trade Marks Infringement Notices) Bill 2026 was introduced into Parliament on 25 March 2026.

The proposed reforms would provide the Australian Border Force (ABF) with the ability to issue infringement notices to importers following the seizure of counterfeit goods.  This measure is intended to strengthen existing enforcement arrangements and act as an additional deterrent alongside current seizure processes and trade mark owner-led litigation.

Importantly, the ABF has advised that the proposed changes are targeted specifically at importers of counterfeit goods, with no direct regulatory impact on customs brokers, freight forwarders, or other supply chain participants.

The Bill has now been referred to the Senate Legal and Constitutional Affairs Legislation Committee for review, with submissions currently being accepted.

Key points for members:

• The reform introduces an infringement notice regime for the importation of counterfeit goods
• Penalties would apply only after goods have been identified and seized through existing compliance processes
• ABF officers would retain discretion, taking into account factors such as intent, quantity, and nature of goods
• The measure is designed to support intellectual property protection, reduce counterfeit trade, and alleviate reliance on costly civil litigation

Submission deadline: 14 April 2026

Members wishing to provide input can lodge a submission via the Parliament of Australia website or provide feedback directly to the ABF IP Rights team.

FTA encourages members to review the proposed reforms and consider making a submission where appropriate, particularly for those with exposure to import supply chains and intellectual property considerations.