Customs (Prohibited Imports) Amendment Regulations 2002 (No. 5) (Cth)

Customs (Prohibited Imports) Amendment Regulations 2002 (No. 5)1

Statutory Rules 2002 No. 3322

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.

Dated 19 December 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

1Name of Regulations

These Regulations are the Customs (Prohibited Imports) Amendment Regulations 2002 (No. 5).

2Commencement

These Regulations commence on 1 January 2003.

3Amendment of Customs (Prohibited Imports) Regulations 1956

Schedule 1 amends the Customs (Prohibited Imports) Regulations 1956.

Schedule 1Amendments

(regulation 3)

  

[1]Subregulation 4M (2), at the foot

insert

Note For the importation of rough diamonds, regulation 4MA must also be complied with.

[2]After regulation 4M

insert

4MAImportation of rough diamonds generally

1. (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:

1. (a)

   are unworked or simply sawn, cleaved or bruted; and

2. (b)

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

1. (2)

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

   1. (a)

      the country is a Participant; and

   2. (b)

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

   3. (c)

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

   4. (d)

      the rough diamonds are imported in a tamper resistant container.

Note Regulation 4M, 4N or 4QA must also be complied with in relation to the importation of rough diamonds from Angola, Sierra Leone or Iraq or the importation of rough diamonds of Iraqi origin.

1. (3)

   The importer must:

   1. (a)

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

   2. (b)

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

[3]Subregulation 4N (2), at the foot

insert

Note Regulation 4MA must also be complied with.

[4]Regulation 4P

omit

The direct

insert

Despite regulation 4MA, the direct

[5]Subregulation 4QA (1), at the foot

insert

Note For the importation of rough diamonds, regulation 4MA must also be complied with.

Notes

1. These Regulations amend Statutory Rules 1956 No. 90, as amended by 1958 Nos. 6 and 67; 1959 Nos. 17, 31 and 93; 1960 No. 22; 1961 No. 117; 1962 No. 82; 1963 No. 26; 1964 Nos. 25 and 39; 1965 Nos. 81, 91, 135, 167 and 190; 1966 No. 95; 1967 Nos. 41, 58, 114 and 178; 1968 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97; 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249; 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291; 1977 Nos. 18, 23, 24, 59, 67 and 162; 1978 No. 276; 1979 Nos. 145, 155 and 280; 1980 Nos. 71, 78, 150, 211, 368, 376, 380 and 382; 1981 Nos. 29, 71, 176, 309, 369 and 383; Act No. 75, 1981; Statutory Rules 1982 Nos. 44, 80, 102, 170, 236 and 252; 1983 No. 331; 1984 Nos. 55, 64, 102, 128, 260, 261, 317 and 318; 1985 Nos. 26, 96, 139, 160, 305 and 377; 1986 Nos. 180, 307, 342, 362 and 385; 1987 Nos. 37, 98, 101, 320 and 321; 1988 Nos. 64, 136, 177, 326, 327, 374 and 375; 1989 Nos. 60 and 379; 1990 Nos. 39, 191, 265, 324, 460 and 467; 1991 Nos. 23, 76, 248 and 289; 1992 Nos. 49, 154, 189, 286 and 413; 1993 Nos. 67, 211, 256, 257 and 382; 1994 Nos. 104, 171, 241, 314 and 378; 1995 Nos. 15, 89, 403 and 412; 1996 Nos. 31, 59, 68, 91, 123, 226, 324 and 325; 1997 Nos. 22, 93, 129, 254, 285, 317, 385 and 386; 1998 Nos. 4, 52, 58 and 228; 1999 Nos. 165, 201, 202, 217, 249, 250, 275, 332 and 333 (disallowed by the House of Representatives on 5 June 2000); 2000 Nos. 32, 75, 143, 213, 214, 215, 234 and 299; 2001 No. 60; 2002 Nos. 30, 81, 206 and 331.

2. Notified in the Commonwealth of Australia Gazette