Diamond Export Levy (Administration) Act, 2007 (Act No. 14 of 2007)Part III : Election for producers and diamond beneficiators9. Penalties |
| (1) | If during any assessment period in respect of which an election described in section 8 applies a producer fails to be exempt (in terms of section 7, 8 or 9 of the Levy Act, as the case may be) from the levy otherwise imposed under the Levy Act, that producer must— |
| (a) | be deemed to be subject to the levy as if that producer had delivered a bill of entry for export in respect of all diamonds purchased during that period from that producer at a diamond exchange and export centre; and |
| (b) | take into account the unpolished diamonds subject to the levy described in subparagraph (a) for purposes of determining its total gross sales value as described in section 11(1)(b) of the Levy Act in terms of sections 7, 8 or 9 of the Levy Act (as the case may be). |
| (2) | If during any assessment period in respect of which an election described in section 8 applies, a diamond beneficiator fails to be exempt (in terms of section 11 of the Levy Act) from the levy otherwise imposed under the Levy Act, that diamond beneficiator will be deemed to be subject to the levy as if that diamond beneficiator had delivered a bill of entry for export in respect of all diamonds purchased during that period from that diamond beneficiator at a diamond exchange and export centre. |
[Section 9 amended by section 21 (a) and (b) of Act No. 13 of 2017]