Commonwealth Consolidated Regulations

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS 1956 - REG 4MA

Importation of rough diamonds

  (1)   In this regulation:

"country" includes an international organisation of states or a dependent territory of a country.

"Interlaken Declaration" means the Interlaken Declaration of 5   November 2002 on the Kimberley Process Certification Scheme for Rough Diamonds.

"Kimberley Process" means the international certification arrangement for rough diamonds adopted under the Interlaken Declaration.

"Kimberley Process Certificate" means a certificate that meets the minimum requirements for certificates specified in Part A of Annex   1 of the document known as the Kimberley Process Certification Scheme which accompanied the Interlaken Declaration.

"original certificate" means the original Kimberley Process Certificate mentioned in paragraph   (2)(b).

"Participant" means a country that is a Participant in the Kimberley Process.

"rough diamonds" means diamonds that:

  (a)   are unworked or simply sawn, cleaved or bruted; and

  (b)   are classified under heading 7102.10.00, 7102.21.00 or 7102.31.00 of Schedule   3 to the Customs Tariff Act 1995 .

  (2)   The importation of rough diamonds from a country is prohibited unless:

  (a)   the country is a Participant; and

  (b)   the country has issued a Kimberley Process Certificate for the rough diamonds; and

  (c)   the original certificate is produced to a Collector at or before the time of importation; and

  (d)   the rough diamonds are imported in a tamper resistant container.

  (3)   The importer must:

  (a)   retain the original certificate for a period of 5 years after the time of importation; and

  (b)   produce the original certificate to an employee of the Department administered by the Minister administering the Offshore Minerals Act 1994 if requested to do so within that period.



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