CUSTOMS (PROHIBITED IMPORTS) REGULATIONS

REGULATION 4MA   IMPORTATION OF ROUGH DIAMONDS  

4MA(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 .

4MA(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.

4MA(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.