Kava Management Act 1998

(1) Where an authorised officer has reasonable grounds to suspect that:

(a) kava is being produced or supplied, whether with or without a licence, on particular premises or in or on a particular vehicle; or

(b) an offence against this Act or the Regulations has occurred, is occurring or is likely to occur on premises or in or on a vehicle,

the authorised officer may, without a search warrant but with the assistance he or she thinks necessary:

(c) enter or board, with the force that is necessary and reasonable, or inspect or search the premises or vehicle;

(i) who is in or on the premises or vehicle or who he or she reasonably believes is about to enter or board or has recently left the premises or vehicle; and

(ii) on whom he or she reasonably suspects there may be something that is evidence of or that otherwise relates to the offence;

(e) require the person in charge of a vehicle to cause it to stop or to bring it to a place in the Territory and to remain in control of it at that place until an authorised officer permits him or her to depart from that place;

(f) stop, search and detain a person on whom he or she reasonably believes that there may be something that is evidence of or that otherwise relates to the offence; or

(g) take any other action that is necessary and reasonable to prevent the commission of an offence against this Act or the Regulations.

(2) An authorised officer who enters premises or gets into or boards a vehicle in pursuance of this section may:

(a) with the force that is necessary and reasonable, open and search a cupboard, drawer, chest, trunk, box, cage, package or other receptacle, whether a fixture or not;

(i) the vehicle or a receptacle found in or on the premises or vehicle;

(ii) a thing found in or on the vehicle or a receptacle referred to in subparagraph (i); or

(iii) a thing found on a person searched in or on the premises or vehicle,

is evidence of or otherwise relates to an offence that has been or is being committed against this Act or the Regulations, seize, take, detain, remove and secure the vehicle, receptacle or thing;

(c) examine, take stock of and take samples of any kava or a thing he or she reasonably believes to be kava;

(e) remove and retain a document which he or she has reasonable grounds to believe is evidence of or otherwise relates to an offence against this Act or the Regulations for so long as is reasonably necessary for the purpose of making copies of the document; or

(f) seize and remove any kava or a thing he or she reasonably believes to be kava which he or she has reasonable grounds to believe is evidence of or otherwise relates to an offence against this Act or the Regulations.

(3) Unless, before commencing a search of premises, a vehicle or a person under this section, an authorised officer produces his or her identity card to:

(a) the person who is or appears to be in charge of the premises or vehicle; or

the authorised officer is not authorised to search the premises, vehicle or person, as the case may be.

(4) Where an authorised officer has reasonable grounds to believe that a person may be able to assist the officer in inquiries in connection with an offence against this Act or the Regulations that has been, may have been, is being or may be committed, the officer may request the person:

(a) if the person's name or address is not known to the authorised officer – to state his or her name and address;

(c) to state, if known by the person, the name or identity of the supplier of any kava in the person's possession.

(5) A female must not be searched under this section except by a female.