s 1Short title
This Act may be cited as the Kava Management Act 1998.
This Act may be cited as the Kava Management Act 1998.
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.
The objects of this Act are:
to establish mechanisms and procedures for prohibiting and regulating the supply, possession and consumption of kava and for controlling the price of kava;
to reduce the health, social and economic problems associated with consumption of kava by the implementation of harm minimisation principles and other responsible practices relating to supply, possession and consumption of kava; and
to encourage the involvement of communities in the regulation of the supply, possession and consumption of kava, and the implementation of harm minimisation principles and other responsible practices relating to the supply, possession and consumption of kava, in their community areas.
In this Act:
affected person, see section 78.
analyst means an analyst appointed under section 33.
approved form means a form approved under section 83A.
authorised officer means:
(a) a person appointed to be an authorised officer under section 29(1);
a member of the Police Force; or
(c) an inspector appointed under section 16 of the Liquor Act 2019.
commercial quantity means:
25 or more kilograms of kava;
25 or more litres of kava prepared as a drink; or
20 or more kava plants.
cultivate includes grow, sow or scatter the seed produced by kava and plant, nurture, tend or harvest kava.
delegate decision, see section 78.
Director means the Director of Kava Management appointed under section 8A.
incorporated association means an Aboriginal corporation as defined in section 3 of the Aboriginal Councils and Associations Act 1976 (Cth).
kava, whether prepared as a drink or in another form:
means:
the plant or a part of the plant piper methysticum;
a kava lactone; or
(iii) a substance produced by chemical synthesis that has the same pharmacological effect as a kava lactone; and
(b) includes any substance that is not kava or is not identifiable as kava that is used or dealt with by a person together with kava as if it were kava.
kava lactone means an extract obtainable from the plant piper methysticum that is demethoxy-yangonin, dihydrokavain, dihydromethysticin, kavain, methysticin or yangonin.
kava management plan means a kava management plan referred to in section 58A(1), and includes an amended kava management plan or a replacement kava management plan.
kava plant means a whole kava plant or a root or part of a root or any other part of a kava plant.
licence means a retail licence or a wholesale licence issued or renewed under Part 8 of this Act.
licence area means an area declared under section 57(2)(a) to be an area where kava may be sold for consumption.
licensee means the holder of a retail licence or a wholesale licence.
manufacture includes the process of extracting and refining kava.
possession includes being subject to a person's control notwithstanding that the thing possessed is in the custody of another person.
premises includes a structure, building, area of land or other place (whether built on or not) and a part of a structure, building, area of land or place.
produce means:
prepare, package or produce;
offering to prepare, package or produce; or
(c) doing or offering to do an act preparatory to, in furtherance of or for the purpose of preparing, packaging or producing.
retail licensee means the holder of a retail licence.
reviewable decision, see section 78.
sell includes offer or expose for sale.
supply means:
(a) give, distribute, sell, administer, transport or supply, whether or not for fee, reward or consideration or in expectation of fee, reward or consideration;
have or keep in possession for supply;
offering to do an act referred to in paragraph (a); or
(d) doing or offering to do an act preparatory to, in furtherance of, or for the purpose of an act referred to in paragraph (a),
and includes barter and exchange.
trafficable quantity means:
more than 2 kilograms but less than 25 kilograms of kava; or
more than 4 but less than 20 kava plants,
but does not include a quantity of kava prepared as a drink.
vehicle means any means of transport whether by land or water or through the air.
wholesale licensee means the holder of a wholesale licence.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
(2) For the purposes of this Act and the Regulations, a person takes part in the supply, cultivation, manufacture or production of kava if the person:
(a) takes or causes to be taken or participates in a step in the process of the supply, cultivation, manufacture or production of kava;
provides or arranges finance for a step in that process; or
(c) provides the premises or vehicle in or on which a step in that process is taken or suffers or permits a step in that process to be taken in or on the premises or vehicle in respect of which the person is the owner, lessee or occupier or participates in the management.
(3) In this Act, a reference to an offence against this Act is to be read and construed as including an attempt or a conspiracy to commit the offence.
This Act does not apply in relation to:
possession of a product listed or registered under the
Therapeutic Goods Act 1989 of the Commonwealth of which kava is a component or ingredient in accordance with that Act; or
possession by a person who has attained the age of 18 years of a quantity of kava that is equal to or less than 2 kg and that the person has as an incoming passenger brought or carried into Australia in his or her personal baggage.
This Act binds the Crown not only in right of the Territory but, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
(1) The Minister may delegate any of the Minister's powers and functions under this Act to:
the Director; or
the Chief Health Officer.
(2) The Director may delegate any of the Director's powers or functions under this Act, other than a power under Part 10, to a public sector employee.
Subject to the approval of the Minister, the Director may make guidelines with respect to the operation of this Act and the
Regulations for the purpose of assisting licensees, persons wishing to apply for a licence or members of the public generally.
Guidelines under subsection (1) are to be published in the manner determined by the Director.
An action of a person under this Act or the Regulations is to comply with the guidelines published under this section.
Part 1A Administration
The Minister must, in writing, appoint a person to be the Director of
Kava Management.
The Director must, within 3 months after the end of each financial year, give the Minister a report on the operation of this
Act during that year.
The Minister must table a copy of the report in the Legislative
Assembly within 6 sitting days after the Minister receives the report.
The Director may approve forms for this Act.
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function under this Act as the Director or a delegate of the Director.
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
In this section:
exercise of a power includes the purported exercise of the power.
performance of a function includes the purported performance of the function.
Part 2 Obligations, offences and penalties, &c.
Division 1 Obligations and offences
Subdivision 1 Possession of Kava
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