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South Africa Act or statute

Parliament of the Republic of South Africa

Diamonds Second Amendment Act, 2005

This section amends the Diamonds Act, 1986 by adding two definitions: “diamond beneficiator” and “diamond exchange and export centre”. Selling unpolished diamonds is prohibited unless the seller i…

approved premisesauthorizationbeneficiationcertificate transfercommodity compliancediamond beneficiationdiamond exchange centresdiamond exportdiamond import and exportdiamond processingdiamond purchasediamond purchase and salediamond purchasingdiamond regulationdiamond researchdiamond salesdiamond supplydiamond tradediamond tradingdiamond trading housesdiamondsEmployment lawestablishmentexport controlsexportsimports/exportslegislationlicence renewallicence restrictionslicence validitylicensed premisesBusiness registrationmanufacturingmanufacturing compliancemineralsminingmining regulationofferingpermit durationpermitspremises approvalpremises registrationpremises useproducer obligationsprofessional qualificationrecord keepingregistrationregulationregulatory approvalsregulatory definitionsregulatory exemptionsale restrictionsstate boardstatutory structuretradetrade compliancevaluationworkplace machinery
Jurisdiction
South Africa
Structure
53 provisions
Citation
Act 30 of 2005
Dates
updated 14 Feb 2006
More statute details
Dates
updated 14 Feb 2006

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01

Purpose and legislative effect

“This section amends the Diamonds Act, 1986 by adding two definitions: “diamond beneficiator” and “diamond exchange and export centre”.”

This section amends the Diamonds Act, 1986 by adding two definitions: “diamond beneficiator” and “diamond exchange and export centre”. Selling unpolished diamonds is prohibited unless the seller is a producer, a dealer, a specified permit holder, or has manufactured the diamond if it is synthetic. The substituted section states that the purchase of unpolished diamonds is prohibited. A person must not purchase an unpolished diamond unless they are a licensee or hold the specified permit. A licensee may not be assisted by a non-licensee or certain permit holders when viewing, buying, or selling unpolished diamonds, except at a diamond exchange and export centre.

02

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The State Diamond Trader shall-

The State Diamond Trader must supply unpolished diamonds to local beneficiators and promote the diamond industry. Diamond producers must offer all unpolished diamonds from each production cycle to the State Diamond Trader, and the Minister sets a percentage of…

Section 59A

04

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Source record from www.parliament.gov.za · updated 14 Feb 2006

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Showing 53 of 53 provisions

Substitution 24Provision 22Amendment 3Commencement 2
§ 1Section 1 of the Diamonds Act, 1986 (hereinafter referred to as the principal Act),Substitution

This section amends the Diamonds Act, 1986 by adding two definitions: “diamond beneficiator” and “diamond exchange and export centre”.

1. Section 1 of the Diamonds Act, 1986 (hereinafter referred to as the principal Act), is hereby amended- 5 (a) by the insertion after the definition of “dealer” of the following definition: “ ‘diamond beneficiator’ means a person who holds a licence contemplated in section 26(b) or (e);”; and (b) by the insertion before the definition of “diamond powder” of the following 10 definition: “ ‘diamond exchange and export centre’ means a diamond exchange and export centre contemplated in section 59(b);”. Substitution of section 19 of Act 56 of 1986
Section 1Verify source
§ 2The following section is hereby substituted for section 19 of the principal Act:Substitution

Selling unpolished diamonds is prohibited unless the seller is a producer, a dealer, a specified permit holder, or has manufactured the diamond if it is synthetic.

2. The following section is hereby substituted for section 19 of the principal Act: 15 4 No. 28513 GOVERNMENT GAZE’ITE, 14 FEBRUARY 2006 Act No. 30,2005 DIAMONDS SECOND AMENDMENT ACT, 2005 “Sale of unpolished diamonds prohibited 19. (1) No person shall sell any unpolished diamond unless- (a) he or she is a producer; (b) he or she has manufactured that diamond, if it is a synthetic diamond; or (c) he or she is a dealer; or (d) he or she is the holder of a permit referred to in section [40(l)(u) or (211 a. ( 2 ) The provisions of subsection (1) shall not be construed so as to authorize such producer[,] or dealer or holder of a permit to sell any 10 unpolished diamond which has come into his or her possession in an unlawful manner.”. 5 Substitution of section 20 of Act 56 of 1986
Section 2Verify source
§ 3The following section is hereby substituted for section 20 of the principal Act:Substitution

The substituted section states that the purchase of unpolished diamonds is prohibited.

3. The following section is hereby substituted for section 20 of the principal Act: ‘‘Purchase of unpolished diamonds prohibited
Section 3Verify source
§ 20No person shall purchase any unpolished diamond unless-Provision

A person must not purchase an unpolished diamond unless they are a licensee or hold the specified permit.

20. No person shall purchase any unpolished diamond unless- (a) he or she is a licensee; or (b) he or she is the holder of a permit referred to in section [40(l)(b)] W.”. Insertion of section 20A in Act 56 of 1986
Section 20Verify source
§ 4The following section is hereby inserted in the principal Act after section 20:Substitution

A licensee may not be assisted by a non-licensee or certain permit holders when viewing, buying, or selling unpolished diamonds, except at a diamond exchange and export centre.

4. The following section is hereby inserted in the principal Act after section 20: “Assistance by non-licensed persons prohibited 15 20 4 - ~ , , ~ ~~. ~~~. ~. 20A. (1) No licensee mav be assisted bv a non-licensee or holder of a _ _ - permit referred to in section 26(e) during the viewing, purchasing or selling I of unpolished diamonds at any place- where unpolished diamonds a r i offered for sale in terms of this Act, except at a diamond exchange and export centre. -, .. ~ . _ ~ ~ ..~ ..~_. - ~ ~ - - ~ - - - _ _ 25 ( 2 ) No holder of a diamond trading house licence referred to in section Substitution of section 22 of Act 56 of 1986
Section 4Verify source
§ 5The following section is hereby substituted for section 22 of the principal Act:Substitution

This section substitutes section 22 of the principal Act and indicates that processing diamonds is prohibited.

5. The following section is hereby substituted for section 22 of the principal Act: “Processing of diamonds prohibited
Section 5Verify source
§ 22No person shall polish any diamond or crush or set any unpolishedSubstitution

No person may polish any diamond or crush or set an unpolished diamond in any tool, implement, or other article unless one of the listed exceptions applies.

22. No person shall polish any diamond or crush or set any unpolished diamond in any tool, implement or other article unless- (a) he orshe is a [cutter, tool-maker] diamond beneficiator or researcher; (b) he orshe is an employee acting in the course of his & employment with that [cutter, tool-maker] diamond beneficiator or researcher; or (c) he or she is authorized thereto in writing by the [Board] Regulator.”. Substitution of section 23 of Act 56 of 1986
Section 22Verify source
§ 6The following section is hereby substituted for section 23 of the principal Act:Substitution

This section substitutes a new section 23 headed “Erection and operation of machinery prohibited.”

6. The following section is hereby substituted for section 23 of the principal Act: 35 40 “Erection and operation of machinery prohibited
Section 6Verify source
§ 23No person shall erect or operate any qachine designed or adapted forProvision

A person must not erect or operate a machine for polishing diamonds unless they are a cutter, tool-maker diamond beneficiator, or researcher.

23. No person shall erect or operate any qachine designed or adapted for the polishing of diamonds unless- (a) he or she is a [cutter, tool-maker] diamond beneficiator or researcher; 45
Section 23Verify source
§ 6No. 28513Substitution

A person is covered if they are an employee acting in the course of employment with the diamond beneficiator or researcher, or if the Regulator authorizes them in writing.

6 No. 28513 GOVERNMENT GAZETTE, 14 FEBRUARY 2006 Act No. 30,2005 DIAMONDS SECOND AMENDMENT ACT, 2005 (b) he or she is an employee acting in the course of his e employment with that [cutter, tool-maker] diamond beneficiator or researcher; or (c) he or she is authorized thereto in writing by the [Board] Regulator.”. Substitution section 24 of Act 56 of 1986
Section 6Verify source
§ 7The following section is hereby substituted for section 24 of the principal Act:Substitution

This section substitutes section 24 of the principal Act to prohibit the export of unpolished diamonds.

7. The following section is hereby substituted for section 24 of the principal Act: 5 “Export of unpolished diamonds prohibited
Section 7Verify source
§ 24No person shall export any unpolished diamond from the RepublicSubstitution

A person may not export an unpolished diamond from the Republic unless they are a producer, manufactured the synthetic diamond, are a dealer, or hold the specified permit.

24. No person shall export any unpolished diamond from the Republic unless- (a) he or she is a producer; (b) he or she has manufactured that diamond, if it is a synthetic diamond; 10 (c) he or she is a dealer; or (d) he or she is the holder of a permit referred to in section [40(l)(u) or (c) or (2)] 26(e) or (h).”. Substitution of section 26 of Act 56 of 1986
Section 24Verify source
§ 8The following section is hereby substituted for section 26 of the principal Act:Substitution

This section substitutes a new section 26 of the principal Act.

8. The following section is hereby substituted for section 26 of the principal Act: 15 “Kind of licence, and permit and certificate
Section 8Verify source
§ 26Subject to [the provisions ofl this Chapter, the [Board] RegulatorSubstitution

The Board/Regulator may issue specified diamond licences, permits, and certificates, subject to this Chapter.

26. Subject to [the provisions ofl this Chapter, the [Board] Regulator may issue the following licences, permits or certificates, namely- (a) a diamond dealer’s licence entitling the holder to carry on business as a buyer, seller, importer or exporter of unpolished diamonds; (b) a diamond [cutting] beneficiation licence entitling the holder to polish diamonds for the purpose of business or trade; 20 (c) a diamond [tool-making] beneficiation licence entitling the holder to set unpolished diamonds in tools, implements or other articles or to crush or to alter those diamonds for the purpose of such setting or for the purpose of trade; (d) a diamond research licence entitling the holder to do applied research and tests in connection with diamonds, but not to polish diamonds for the puruose of business or trade: (e) a temporary diamond buyer’s pinnit entitling a person who does not hold a licence in terms of this section to buy an unpolished diamond from a diamond exchange and export centre; 03 a diamond trading house licence entitling the holder thereof to facilitate the buying and selling of unpolished diamonds locally on premises registered in terms of section 47; 25 30 35 (g) a certificate entitling a person to be in possession of an unpolished diamond obtained in a lawful manner.”. (h) a permit entitling a person to sell, export or import an unpolished diamond on prescribed conditions. Substitution of section 32 of Act 56 of 1986 40
Section 26Verify source
§ 9The following section is hereby substituted for section 32 of the principal Act:Substitution

This section sets how long different licences, permits, and certificates stay valid, and lets the Regulator renew them or set certain periods.

9. The following section is hereby substituted for section 32 of the principal Act: “Period of validity [of licences] and renewal of licence, permit and certificate 32. (1) Subject to [the provisions ofl subsection (2)[, a licence shall be valid until it is suspended or cancelled in terms of this Chapter.1- (a) a diamond dealer’s licence contemplated in section 26(a) is period of five years; (b) a diamond beneficiation licence contemplated in section 26(b) or (c) is valid for a period of five years; (c) a diamond research licence contemplated in section 26(d) is it is suspended or cancelled in terms of this Chapter; 8 No.28513 Act No. 30,2005 GOVERNMENT GAZETTE, 14 FEBRUARY 2006 DIAMONDS SECOND AMENDMENT ACT, 2005 (d) a temporary diamond buyer’s permit contemplated in section 26(e) is valid for a period of one month; (e) a diamond trading house licence contemplated in section 2667 is valid for a period of five years; (R a certificate contemplated in section 26(g) is valid for a renewable period of 10 years unless the holder of an unpolished diamond disposes of the unpolished diamond, in which case the certificate shall be transferred to the new holder of that unpolished diamond and shall be endorsed by the Regulator to reflect the changes. (g) a permit contemplated in section 26(h) is valid for such period as the Regulator may determine. 5 10 (2) @The p o a r d ] Regulator may [authorize the issue of a temporary licence for such period, but not exceeding one year, as the Board may determine1 renew anv licence, Dennit or certificate referred to in section 26. (b) This Chapter applies with the necessary changes in respect of an application for the renewal of a licence, permit or certificate. I15 (c) In the event of the death of the holder of a certificate contemplated in section 26(g), his or her lawful successor must apply to the Regulator for the certificate to be endorsed to reflect the change in the holder of that 20 Substitution of section 44 of Act 56 of 1986
Section 9Verify source
§ 10The following section is hereby substituted for section 44 of the principal Act:Substitution

Using unregistered premises as diamond exchanges or a mond trading house is prohibited.

10. The following section is hereby substituted for section 44 of the principal Act: “Utilization of unregistered premises as [diamond exchanges] & mond trading house prohibited 25
Section 10Verify source
§ 44No person shall utilize any premises as a [diamond exchange]Amendment

A person may not use premises as a diamond trading house unless they hold a diamond trading house licence and the premises are registered as a diamond trading house under the Chapter.

44. No person shall utilize any premises as a [diamond exchange] diamond trading house unless he or she holds a diamond trading house licence and those premises are registered as a [diamond exchange] diamond trading house in terms of this [Chapter] A s . ” . Amendment of section 45 of Act 56 of 1986 30
Section 44Verify source
§ 11Section 45 of the principal Act is hereby amended by the substitution forSubstitution

A person who wants to register premises as a diamond trading house must apply in writing to the Regulator.

11. Section 45 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “( 1) Any person who desires to [utilize] register any premises as a [diamond exchange] diamond trading house shall apply to the [Board] Regulator in writing for the registration of those premises as a [diamond exchange] diamond trading 35 - house.”. Amendment of section 46 of Act 56 of 1986
Section 11Verify source
§ 12Section 46 of the principal Act is hereby amended by the substitution forSubstitution

The Regulator may grant or refuse section 45 applications at its discretion, but must refuse them if specified grounds apply.

12. Section 46 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: “(2) The [Board] Regulator may at its discretion grant or refuse an application 40 referred to in section 45, but the [Board] Regulator shall not grant any application if [it is of the opinion]- (a) [that] the applicant [or, where the applicant is a company, any director thereof or, where the applicant is a close corporation, any member thereof is not a suitable person to utilize the premises as a diamond exchange, or 45 to be involved in such utilization] is not the holder of a diamond trading house licence; (b) [that an interest which] any person has an interest in the applicant undesirable; is (c) [that] the premises do not comply with the prescribed requirements; [(d) that the applicant wili probably not be able to exercise in a satisfactory manner control over the utilization of the premises as a diamond exchange; or] [that] the registration of the premises as a [diamond exchange] diamond trading house will be contrary to the public interest.”. (e) 50 55 10 No.28513 GOVERNMENT GAZETTE, 14 FEBRUARY 2006 Act No. 30,2005 DIAMONDS SECOND AMENDMENT ACT, 2005 Substitution of section 48 of Act 56 of 1986
Section 12Verify source
§ 13The following section is hereby substituted for section 48 of the principal Act:Substitution

Sales and purchases of unpolished diamonds are restricted to approved premises.

13. The following section is hereby substituted for section 48 of the principal Act: “Dealings in unpolished diamonds restricted to approved premises 48. (1) No producer, manufacturer of synthetic diamonds[,] 2 dealer [or holder of a permit referred to in section 40(l)(u) or (2)] shall sell any unpolished diamond elsewhere than on- (a) the business premises of a licensee; (6) any premises [registered] licensed as a [diamond exchange] dia- mond trading house in terms of this [Chapter] Act; 5 (bA)the premises of any diamond exchange and export centre established 10 by the Regulator in terms of this Act; (bB) the premises of the State Diamond Trader; or [(c) the premises referred to in subsection (2)(d); or] (d) such other premises as the [Board] Regulator may approve under section 49 on application in writing by such producer, manufacturer or 15 holder. (2) No licensee shall receive or purchase any unpolished diamond elsewhere than on- (a) the business premises of a licensee; (b) any premises [registered] licensed as a [diamond exchange] mond trading house in terms of this [Chapter] Act; (bA)the premises of any diamond exchange and export centre established 20 by the Regulator in terms of this Act; (bB) the premises of the State Diamond Trader; or [(c) the premises referred to in subsection (I)(& or] (d) such other premises as the [Board] Regulator may approve under 25 section 49 on application in writing by the licensee.”. Insertion of section 48A in Act 56 of 1986
Section 13Verify source
§ 14The following section is hereby inserted in the principal Act after section 48:Provision

This provision inserts a new section about the conditions for exporting unpolished diamonds.

14. The following section is hereby inserted in the principal Act after section 48: “Condition for export of unpolished diamonds 30
Section 14Verify source
§ 48AAll unpolished diamonds intended for export purposes must first inSubstitution

Unpolished diamonds intended for export must first be offered, in the prescribed manner, at a diamond exchange and export centre.

48A. All unpolished diamonds intended for export purposes must first in the prescribed manner be offered at a diamond exchange and export centre.”. Substitution of section 50 of Act 56 of 1986
Section 48AVerify source
§ 15The following section is hereby substituted for section 50 of the principal Act:Substitution

Diamond beneficiators and researchers may not process diamonds away from their business premises, except that a diamond beneficiator may seek the Regulator’s approval to work on other premises for an approved period.

15. The following section is hereby substituted for section 50 of the principal Act: 35 “Processing of diamonds restricted to approved premises 50. (1) Subject to [the provisions ofJ this section, no [cutter, tool-maker] diamond beneficiator or researcher shall polish any diamond or crush or set any unpolished diamond in any tool, implement or other article elsewhere than on his business premises. (2) A [cutter] diamond beneficiator may apply to the [Board] Regulator business premises to polish diamonds on such premises other than his e and for such period as the [Board] Regulator may approve. r 40 (3) [The provisions of section] Section 49 shall mutatis mutandis apply in respect of an application by a [cutter] diamond beneficiator in terms of 45 subsection (2).”. 12 No.28513 GOVERNMENT GAZETTE, 14 FEBRUARY 2006 Act No. 30, 2005 DIAMONDS S E O N D AMENDMENT ACT. 2005 Amendment of section 57 of Act 56 of 1986
Section 15Verify source
§ 16Section 57 of the principal Act is hereby amended-Substitution

Certain diamond-related businesses must keep a prescribed register and keep it for at least five years after the last entry.

16. Section 57 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection: “( 1) Every producer, manufacturer of synthetic diamonds, dealer[, cutter or tool-maker] or diamond beneficiator shall keep or cause to be kept the prescribed register, in which shall be entered the prescribed particulars in respect of unpolished diamonds and polished synthetic diamonds.”; and 5 (b) by the substitution for subsection (3) of the following subsection: “(3) Every person required to keep a register in terms of subsection (1) 10 shall retain the register for a period of at least [two] five years after the date on which the last entry was recorded therein.”. Substitution of section 59 of Act 56 of 1986
Section 16Verify source
§ 17The following sections are hereby substituted for section 59 of the principal Act:Substitution

This section says new sections are substituted for section 59 about the Regulator’s functions for buying and selling diamonds.

17. The following sections are hereby substituted for section 59 of the principal Act: “Functions of Regulator in respect of buying and selling of diamonds 15
Section 17Verify source
§ 59The Regulator shall-Provision

The Regulator must control diamond purchase, sale, beneficiation, import and export matters, and must establish diamond exchange and export centres.

59. The Regulator shall- (a) implement, administer and control all matters relating to the purchase, sale, beneficiation, import and export of diamonds; and (b) establish diamond exchange and export centres, which shall facilitate the buying, selling, export and import of diamonds and matters 20 connected therewith. Functions of State Diamond Trader in respect of buying and selling of diamonds
Section 59Verify source
§ 59AThe State Diamond Trader shall-Commencement

The State Diamond Trader must supply unpolished diamonds to local beneficiators and promote the diamond industry. Diamond producers must offer all unpolished diamonds from each production cycle to the State Diamond Trader, and the Minister sets a percentage of production that may be bought for local beneficiation.

59A. The State Diamond Trader shall- (a) acquire and supply unpolished diamonds to local diamond 25 beneficiators; and (b) promote the diamond industry through the necessary research, support and development as deemed necessary from time to time. Diamond producers to offer unpolished diamonds to State Diamond Dader 30 59B. (1) (a) The Minister shall from time to time by notice in the Gazette determine such percentage of diamonds produced in a production cycle as may be required for local beneficiation and that the State Diamond Trade1 may buy. (b) The percentage contemplated in paragraph (a) may be based on carats and value, and shall be a representative sample of a production cycle of any diamond producer. (2) At the end of every production cycle a diamond producer shall offer all the unpolished diamonds produced by him or her in that production cycle to the State Diamond Trader and specify the fair market value of those diamonds, to enable the State Diamond Trader to inspect such diamonds for the purpose of selecting diamonds for purchase as contemplated in subsection (1). (3) The State Diamond Trader has one week after the verification contemplated in subsection ( 5 ) or the fixing of the price in terms of subsection (7) to buy diamonds up to the percentage contemplated in subsection (1). (4) If the State Diamond Trader fails to buy the diamonds within the period contemplated in subsection (3) the producer may withdraw all his or her diamonds offered in terms of subsection (2). (5) The government diamond valuator shall verify the prices specified in : 35 40 45 50 terms of subsection (2). 14 No. 28513 GOVERNMENT GAZETTE, 14 FEBRUARY 2006 Act No. 30,2005 DIAMONDS SECOND AMENDMENT ACT, 2005 (6) If the producer and the government diamond valuator cannot agree on the prices, the Regulator shall appoint an independent valuator acceptable to the producer. (7) The independent valuator shall fix the price of the unpolished diamonds within five working days after appointment, which price shall be regarded as the fair market price of the unpolished diamond in question. (8) The cost of such independent valuation shall be borne equally by the State Diamond Trader and the producer concerned. (9) For the purposes of this section ‘production cycle’ means a period mutually agreed upon between the producer concerned and the State Diamond Trader before the commencement of a producer’s operations or before the commencement of a new production cycle, as the case may be.”. 5 10 Substitution of section 74 of Act 56 of 1986
Section 59AVerify source
§ 18The following section is hereby substituted for section 74 of the principal Act:Substitution

This section replaces section 74 with an exemption relating to the offering or registration of polished or unpolished diamonds.

18. The following section is hereby substituted for section 74 of the principal Act: “Exemption from provisions relating to offering or registration of polished or unpolished diamonds 15
Section 18Verify source
§ 74The Minister may by notice in the Gazette exempt any person orSubstitution

The Minister may exempt any person or category of persons from sections 48A, 60 or 70 by notice in the Gazette, and may attach conditions to that exemption.

74. The Minister may by notice in the Gazette exempt any person or category of persons from the provision of section 48A, 60 or 70 on such conditions as may be specified in the notice.”. Substitution of Arrangement of Sections of Act 56 of 1986
Section 74Verify source
§ 19The following Arrangement of Sections is hereby substituted for the ArrangementSubstitution

This section substitutes a new Arrangement of Sections into the principal Act.

19. The following Arrangement of Sections is hereby substituted for the Arrangement of Sections in the principal Act: “ARRANGEMENT OF SECTIONS Sections CHAPTER I APPLICATION OF ACT
Section 19Verify source

Part

CHAPTER I

§ 1DefinitionsAmendment

This section is headed “Definitions” and says the Act’s provisions may be applied in respect of other minerals.

1. Definitions 2. Provisions of this Act may be applied in respect of other minerals CHAPTER I1 PART 1 SOUTH AFRICAN DIAMOND AND PRECIOUS METALS REGULATOR 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Establishment of South African Diamond and Precious Metals Regulator Objects of Regulator Functions of Regulator Board of Regulator Persons disqualified from being members of Board Vacating of office by members of Board Terms of office of members of Board Meetings of Board Committees of Board Funds of Regulator Persons in service of Regulator 20 25 30 35 40 16 No. 28513 GOVERNMENT GAZEITE, 14 FEBRUARY 2006 Act No. 30,2005 DIAMONDS SECOND AMENDMENT ACT, 2005 PART 2 STATE DIAMOND TRADER
Section 1Verify source

Part

PART 2

§ 14Establishment of State Diamond TraderProvision

This section is titled “Establishment of State Diamond Trader.”

14. Establishment of State Diamond Trader
Section 14Verify source
§ 15Objects of State Diamond TraderProvision

Section 15 is titled “Objects of State Diamond Trader” and contains no further rule text in the provided source.

15. Objects of State Diamond Trader
Section 15Verify source
§ 16Functions of State Diamond TraderProvision

Section 16 is titled “Functions of State Diamond Trader.”

16. Functions of State Diamond Trader
Section 16Verify source
§ 17Board of State Diamond TraderProvision

Section 17 is titled “Board of State Diamond Trader.”

17. Board of State Diamond Trader
Section 17Verify source
§ 17APersons disqualified from being members of BoardProvision

This section concerns persons who are disqualified from being members of the Board.

17A. Persons disqualified from being members of Board
Section 17AVerify source
§ 17BVacating of office by members of BoardProvision

This section is titled “Vacating of office by members of Board.”

17B. Vacating of office by members of Board
Section 17BVerify source
§ 17CTerm of office of members of BoardProvision

This section is about the term of office of Board members.

17C. Term of office of members of Board
Section 17CVerify source
§ 17DMeetings of BoardProvision

The provided text only gives the section heading “Meetings of Board” and no operative rule text.

17D. Meetings of Board
Section 17DVerify source
§ 17ECommittees of BoardProvision

Section 17E is titled “Committees of Board.”

17E. Committees of Board
Section 17EVerify source
§ 17FFunds of State Diamond TraderProvision

This section is titled “Funds of State Diamond Trader.”

17F. Funds of State Diamond Trader
Section 17FVerify source
§ 17GPersons in service of State Diamond TraderProvision

Section heading for persons in service of the State Diamond Trader; no operative rule is shown in the provided text.

17G. Persons in service of State Diamond Trader ,- CHAPTER I11 ILLEGAL ACTS
Section 17GVerify source

Part

CHAPTER I11

§ 18Possession of unpolished diamonds prohibitedProvision

Possession of unpolished diamonds is prohibited.

18. Possession of unpolished diamonds prohibited
Section 18Verify source
§ 19Sale of unpolished diamonds prohibitedProvision

Sale of unpolished diamonds is prohibited.

19. Sale of unpolished diamonds prohibited
Section 19Verify source
§ 20Purchase of unpolished diamonds prohibitedProvision

Purchase of unpolished diamonds is prohibited.

20. Purchase of unpolished diamonds prohibited
Section 20Verify source
§ 20AAssistance by non-licensed persons prohibitedProvision

Assistance by non-licensed persons is prohibited.

20A. Assistance by non-licensed persons prohibited 21. 22. 23. 24. 25. Dealing in unpolished diamonds restricted Processing of diamonds prohibited Erection and operation of machinery prohibited Export of unpolished diamonds prohibited Unpolished diamonds found or picked up by chance CHAPTER IV LICENCES AND PERMITS 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. Kind of licence, and permit and certificate Applications for licences Consideration of applications for licences Issue of licences Conditions of licence Business premises Period of validity and renewal of licence, permit and certificate Transfer of licences by juristic persons prohibited Applications by natural persons for transfer of licences Controlling interest in companies and close corporations Conversions of companies and close corporations Suspension and cancellation of licences Return of licences Appeal to Minister against decisions of Regulator in respect of licences CHAPTER V DIAMOND TRADE Utilization of unregistered premises as diamond trading house prohibited Applications for registration of diamond exchanges Consideration of applications for registration of diamond exchanges Registration of diamond exchanges Dealings in unpolished diamonds restricted to approved premises 44. 45. 46. 47. 48.
Section 20AVerify source

Part

CHAPTER V

§ 48ACondition for export of unpolished diamondsProvision

Section title indicating a condition for exporting unpolished diamonds.

48A. Condition for export of unpolished diamonds
Section 48AVerify source
§ 49Approval of premisesAmendment

This excerpt only lists “Approval of premises” as section 49 and does not include the operative rule.

49. Approval of premises 50. 52. Processing of diamonds restricted to approved premises Dealings in unpolished diamonds on behalf of juristic persons restricted to authorized representatives 5 10 15 10 ,5 10 35 $0 15 io 18 No.28513 GOVERNMENT GAZETTE, 14 FEBRUARY 2006 ArtNa30,200S DIAMONDS SECOND AMENDMENT ACT, 2005 i 53. 54. 55. 56. 56A. 57. 59. 59A. 59B. Applications for registration of authorized representatives Registration of authorized representatives Receipt of unpolished diamonds by licensees Notes of receipt or purchase in respect of unpolished diamonds Disclosure that diamond is synthetic diamond Registers in respect of unpolished diamonds Functions of Regulator in respect of buying and selling of diamonds Functions of State Diamond Trader in respect of buying and selling o diamonds Diamond producers to offer unpolished diamonds to State Diamond Trader CHAPTER VI EXPORT OF DIAMONDS 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 69A. 70. 71. 72. 73. 74. 75. 76. Export of unpolished diamonds Registration of unpolished diamonds for export Levying of export duty on unpolished diamonds Exemption from export duty Deferment of payment of export duty Examination and valuation of unpolished diamonds Market value Fine in case of difference in values Payment of export duty and fine Release of unpolished diamond for export Requirements after export of unpolished diamond Export of polished diamonds Registration of polished diamonds for export Examination and retention of polished diamonds Release of polished diamonds for export Exemption from provisions relating to offering or registration of polished 01 unpolished diamonds Regulator’s decision on unpolished or polished diamonds Assessment of value of unpolished and polished diamonds CHAPTER VII CONTROL MEASURES ’ 77. 78. 79. 80. 81. Control over production of diamonds Furnishing Regulator with information Inquiries by Regulator Appointment of inspectors Functions of inspectors and police officials CHAITERYLII OFFENCES, PENALTIES AND OTHER JUDICIAL MATTERS 82. 83. 84. 85. 86. 87. 90. 91. 92. Offences relating to illegal acts offences relating to diamond trade offences relating to export of diamonds offences relating to functions of Regulator, inspectors and police officials Offences involving fraudulent conduct Penalties Liability of employer or principal Porfeiture Jurisdiction of magistrates’ courts , 5 10 15 20 15 30 15 10 .5 20 No. 28513 GOVERNMENT GAZETTE, 14 FEBRUARY 2006 Act No. 30,2005 DIAMONDS SECOND AMENDMENT ACT, 2005 CHAPTER IX GENERAL Co-operation with other governments and bodies
Section 49Verify source

Part

CHAPTER IX

§ 96Consultation by RegulatorProvision

Section titled “Consultation by Regulator.”

96. Consultation by Regulator
Section 96Verify source
§ 97Assignment of functionsProvision

This section is titled “Assignment of functions.”

97. Assignment of functions 98.
Section 97Verify source
§ 99Short title and commencementShort title

This section appears to concern the Act’s short title and commencement, with a reference to an amendment or repeal schedule.

99. Short title and commencement Amendment or repeal of laws, and savings SCHEDULE”. 10 Substitution of long title of Act 56 of 1986
Section 99Verify source
§ 20The following long title is hereby substituted for the long title of the principal Act:Short title

This section replaces the principal Act’s long title with a new one covering the South African Diamond and Precious Metals Regulator, the State Diamond Trader, and control of diamonds.

20. The following long title is hereby substituted for the long title of the principal Act: “To provide for the establishment of the South African Diamond and Precious Metals Regulator and for the establishment of the State Diamond Trader; for control over the possession, the purchase and sale, 15 the processing, the local beneficiation and the export of diamonds; and for matters connected therewith.”. Short title
Section 20Verify source
§ 21This Act is called the Diamonds Second Amendment Act, 2005, and comes intoCommencement

The Act is named the Diamonds Second Amendment Act, 2005, and starts when the President sets a commencement date by proclamation in the Gazette.

21. This Act is called the Diamonds Second Amendment Act, 2005, and comes into operation on a date fixed by the President by proclamation in the Gazette. 20
Section 21Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

  • a new section 26 of the principal Act

    Section 8

  • Arrangement of Sections of Act

    Section 74

  • Diamonds Act, 1986

    Section 1

N–S

2 instruments

  • principal Act

    Sections 5, 7

  • Sections into the principal Act

    Section 19

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