As you say, lyndal, this isn't an Australia Post area of responsibility. It's the police's and Australian Border Force's responsibility. I would be more worried about having a counterfeit item in my possession than about sending it back to a shonky seller! (But I'd prefer to destroy the item.)

 

 

 

Just for the information of anyone reading this thread who doesn't see the harm in buying a fake Gucci handbag or iPhone and so on...

 

Intellectual property crime includes the sale and importation of counterfeit goods, but also knowingly buying such goods. It is reportable to police as it is criminal.

 

The Australian Border Force will seize imported pirated and counterfeit goods, and even a business that has not yet gained a court order to prevent importation of items infringing their IP (TM) or copyright can submit a Notice of Objection to the ABF, whereupon the ABF will act swiftly to seize goods in question, to prevent unauthorised importation and distribution of goods. The business has to follow through, of course, with seeking a court order against the importer.

 

Sellers such as those on eBay or other online platforms, or those selling in markets, or in shops, or by any means in Australia can be prosecuted for selling counterfeit items. There are a number of pieces of legislation that cover this sort of behaviour, such as the TGA, Criminal Code Act 1995, and Australian Consumer Law (ACL).

 

The proliferation of counterfeit goods costs the global economy an enormous amount of money. That money goes primarily to Chinese and other Asian counterfeiters. As WA's Acting Commissioner for Consumer Protection David Hillyard writes,

 

❝Items such as fake designer bags may seem harmless but a number of counterfeit products pose a safety risk to consumers, including things like:

  • phone chargers, which may cause an electric shock or fire;
  • cosmetics or perfumes containing ingredients that can burn skin;
  • clothes made with harmful poisonous dyes; or
  • sunglasses that don’t protect your eyes from UV rays.❞

 

I should point out that in the main, the unbranded items listed for sale on eBay primarily by Chinese sellers may also be instances of trademark infringement and theft of IP. Removal of TM, or production of an item that is in essence under trademark but has been manufactured by a factory without the trademark (and of inferior components) is expressly forbidden under Australian law. Chinese law is very different as it does not respect the IP of non-Chinese businesses or people and will facilitate what we consider fraud.

 

And that's not even going into the Australian standards issue when it comes to electrical goods...

 

Whoops! I slipped on a bar of metaphorical soap. Yes, I have got onto my soapbox again.