Commonwealth Numbered Regulations

CUSTOMS (PROHIBITED EXPORTS) AMENDMENT REGULATIONS 2002 (NO. 5) 2002 NO. 330 - SCHEDULE 1

(regulation 3)

[1] Part 3, Division 1, heading

substitute

Division 1 Miscellaneous prohibited exports

[2] After regulation 9

insert

9AA Exportation of rough diamonds

(1)

In this regulation:

"authorised person "means an employee of the Department of Industry, Tourism and Resources authorised in writing by the Minister for 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.

"Minister" means the Minister for Industry, Tourism and Resources.

"original certificate" means the original Kimberley Process Certificate issued under subregulation (3).

"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 exportation from Australia of rough diamonds is prohibited unless:

(a)

the exporter holds a permission under this regulation; and

(b)

the original certificate is produced to a Collector at or before the time of exportation; and

(c)

the rough diamonds are exported in a tamper resistant container.

(3)

The Minister, or an authorised person, may, on application, grant a permission for the exportation of rough diamonds to a country by issuing a Kimberley Process Certificate.

(4)

A permission:

(a)

may be granted only if the country is a Participant; and

(b)

ceases to be in force if the country ceases to be a Participant.

(5) A permission granted under this regulation is subject to the following conditions:

(a)

any condition notified in writing to the applicant at the time the permission is granted;

(b)

any condition specified on the Kimberley Process Certificate.

(6)

If the holder of a permission fails to comply with a condition of the permission, the Minister, or an authorised person, in writing, may revoke the permission.

(7)

The Minister, or an authorised person, may revoke a permission whether or not the holder of the permission is charged with an offence against subsection 112 (2B) of the Act for failure to comply with the permission.

(8)

The holder of a permission must:

(a)

retain a copy of the original certificate for a period of 5 years after the time of exportation; and

(b)

produce a copy of the original certificate to an employee of the Department of Industry, Tourism and Resources if requested to do so within that period.

[3] Subregulation 13CA (1), at the foot

insert

Note
For the exportation of rough diamonds, regulation 9AA must also be complied with.