The Auctioneers and Valuers Association of Australia (AVAA) has provided advice to an Australian Parliamentary inquiry into proposed legislation aimed at strengthening border enforcement against counterfeit goods. The Bill is supported by the valuation and auction sectors as it seeks to reduce the entry of counterfeit goods into Australia, thereby protecting the integrity, accuracy and trust underpinning auction and valuation markets.
With the strong support of members, AVAA’s submission to the inquiry into the Customs Legislation Amendment (False Trade Marks Infringement Notices) Bill 2026 (Cth) focuses squarely on how the proposed reforms will operate in practice for auctioneers and valuers.
AVAA’s submission explains that the Bill introduces a more responsive enforcement framework, allowing authorities to take immediate action against counterfeit imports through infringement notices, rather than relying solely on seizure or lengthy legal processes. This is intended to disrupt the economic model of counterfeiters and reduce the flow of false goods into legitimate markets.
For valuers, the central issue identified is the impact of counterfeit goods on valuation methodology. Valuations rely on comparable sales and market evidence. Where counterfeit items enter the market, even in small numbers, they can distort those comparables, leading to inaccurate valuations and increased professional risk. This is particularly relevant in insurance, finance and legal contexts where valuation accuracy is critical.
For auctioneers, the risks are more immediate and transactional. Auction environments depend on buyer confidence and the integrity of representations made about goods. The presence of counterfeit items, particularly in fast-paced auction settings, increases the likelihood of disputes, financial loss and reputational damage. AVAA members note that these risks are amplified in high-value categories such as jewellery and collectables, where counterfeiting is increasingly sophisticated.
A key issue raised in the submission is the complexity of authenticity assessment. Auctioneers and valuers frequently encounter items where authenticity is not clear-cut. In sectors such as art and antiques, questions of attribution, restoration or historical modification can create a “grey zone” that does not neatly align with deliberate counterfeiting. The submission highlights the need for clarity on how such cases will be treated under the new regime to avoid unintended consequences.
AVAA’s advice to the Australian Parliament highlights the need for practical guidance on evidentiary thresholds and enforcement processes. Members are seeking clarity on how decisions will be made under the legislation, how expert opinions will be considered, and how disputes over authenticity will be resolved. Without this, there is a risk of inconsistent application across different asset classes.
Further issues include ensuring penalties remain proportionate, particularly in high-value markets, and supporting industry education so businesses understand how to comply with the new framework. AVAA’s submission also highlights the value of ongoing collaboration between regulators and industry experts to support effective implementation.
This is a strong example of AVAA’s member-driven advocacy, where the considered views of members holding the AVAA Certified Valuer (CVAu) credential identified how the proposed legislative changes intersect with real-world practice and where targeted refinements will support both enforcement outcomes and market confidence.
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Interested In Finding Out More?
If you’re interested in AVAA;s member-driven policy advocacy, email to government.affairs@avaa.com.au or telephone 1300 928 165. You can also stay up to date by following AVAA on LinkedIn, X/Twitter and Facebook.
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