Kava Management Act 1998

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);

(c) an inspector appointed under section 16 of the Liquor Act 2019.

commercial quantity means:

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:

(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:

(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;

(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:

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;

(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.