EXPLANATORY STATEMENT
SELECT LEGISLATIVE INSTRUMENT NO. 14, 2015
Issued by the Authority of the Minister for Immigration and Border Protection
Customs Act 1901
Customs (Prohibited Imports) Amendment (Côte d’Ivoire Rough Diamonds) Regulation 2015
Subsection 270(1) of the Customs Act 1901 (the Act) provides, in part, that the Governor‑General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to the Act or for the conduct of any business relating to Customs.
In particular, section 50 of the Act allows the Governor-General to make regulations which prohibit the importation of goods into Australia and provides that the power may be exercised by prohibiting the importation of goods absolutely or by prohibiting the importation of goods in specified circumstances, or from a specified place or unless specified conditions or restrictions are complied with.
Regulations 4MA and 4N of the Customs (Prohibited Imports) Regulations 1956 (the Principal Regulations), give domestic effect to Australia’s international obligations pursuant to United Nations Security Council (Security Council) Resolutions by prohibiting the importation of rough diamonds from certain countries.
Under regulation 4MA of the Principal Regulations the importation of rough diamonds from a country is prohibited unless:
a) the country is a participant in the Kimberley Process; 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.
Regulation 4MA defines the Kimberley Process to mean the international certification arrangement for rough diamonds adopted under the Interlaken Declaration of 5 November 2002 (the Interlaken Declaration) and a 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. The Kimberley Process is intended to reduce the opportunity for rough diamonds from rebel-held conflict areas (known as ‘conflict’ diamonds) to play a role in fuelling armed conflict by introducing a scheme for rough diamonds designed to exclude conflict diamonds from legitimate trade.
Notwithstanding this, on 15 December 2005, the Security Council imposed a binding obligation on all states, including Australia, to prohibit absolutely the importation of rough diamonds from Côte d’Ivoire under Security Council Resolution 1643 (2005). As a result, regulation 4N of the Principal Regulations was introduced and imposed an absolute prohibition on the importation of rough diamonds from Côte d’Ivoire, despite regulation 4MA.
On 29 April 2014, the Security Council issued Resolution 2153 (2014) regarding Côte d’Ivoire, which lifted the sanction imposed by Security Council Resolution 1643 (2005). As a result the purpose of the Regulation is to remove the absolute prohibition on the importation of rough diamonds from Côte d’Ivoire, by repealing regulation 4N.
The repeal of regulation 4N makes the importation of rough diamonds from Côte d’Ivoire subject to the Kimberley Process under regulation 4MA of the Principal Regulations. Therefore as there is no longer an absolute prohibition on the importation of rough diamonds from Côte d’Ivoire (or any other country) the Regulation also repeals the existing heading (4MA Importation of rough diamonds generally) and substitutes it with ‘4MA Importation of rough diamonds’.
The Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.
The Regulation implements Australia’s international obligations pursuant to Security Council Resolutions and is minor or machinery in nature. It does not substantially alter existing arrangements, therefore no formal consultation was undertaken in relation to the amendments.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
OPC60992-B
Statement of Compatibility with Human Rights
(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)
Customs (Prohibited Imports) Amendment (Côte d’Ivoire Rough Diamonds) Regulation 2015
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Regulation
The Regulation repeals Regulation 4N of the Customs (Prohibited Imports) Regulations 1956 to give effect to Security Council Resolution 2153 (2014) which lifted the absolute prohibition on the importation of rough diamonds from Côte d’Ivoire imposed under Security Council Resolution 1643 (2005).
The Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Human Rights implications
This legislative instrument does not engage, impact on or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Conclusion
This legislative instrument does not raise any human rights issues.
Minister for Immigration and Border Protection