Commonwealth Consolidated Regulations

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS 1956 - REG 4MA

Importation of rough diamonds generally

         (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 of Industry, Tourism and Resources if requested to do so within that period.



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