New Customs Bill Targets Counterfeit Imports into Australia

Australian importers should be aware of proposed new legislation that could change how counterfeit goods are handled at the border.

The Customs Legislation Amendment (False Trade Marks Infringement Notices) Bill 2026 introduces a new penalty framework aimed directly at businesses importing counterfeit products into Australia.

What Importers Need to Know

Under the proposed changes, the Australian Border Force (ABF) would be able to issue infringement notices to importers after counterfeit goods are seized.

Key points include:

• Penalties apply after goods are seized and confirmed as counterfeit

• ABF officers have discretion based on intent, quantity, and type of goods

• The reform is designed to strengthen IP protection and deter counterfeit imports

Importantly, there is no direct impact on freight forwarders or customs brokers, with the focus firmly on importers.

Why This Matters for Importing into Australia

This reform signals tighter enforcement on counterfeit goods entering Australia. For importers, it increases the importance of:

• Supplier verification

• Product authenticity checks

• Strong compliance processes

With financial penalties potentially issued without court action, the risks of importing counterfeit goods are becoming more immediate.

Next Steps

The Bill is currently under review, with submissions open until 14 April 2026.

Bottom Line

If you’re importing into Australia, now is the time to review your supply chain.

Stronger enforcement is coming, and importers will be directly in the spotlight.