Kava Management Regulations 1998

These Regulations may be cited as the Kava Management Regulations 1998.

These Regulations come into operation on the commencement of the Kava Management Act 1998.

In these Regulations, unless the contrary intention appears:

associate means an associate within the meaning of Division 2 of Part 1.2 of the Corporations Act 2001.

company means a company that is registered under the Corporations Act 2001 or a co-operative registered under the Co‑operatives (National Uniform Legislation) Act 2015.

incorporated association means:

an incorporated association or an incorporated trading association as defined in section 4(1) of the Associations Incorporation Act 1963; or

an Aboriginal corporation as defined in section 3 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth).

The fees that are payable for the matters under the Act specified in Column 1 of the Table to this regulation are specified opposite in Column 2 of the Table.

TABLE

The Director may require that any of the following information is to be provided in support of an application under section 60 or 65 of the Act:

in the case of an applicant (whether alone or jointly with another person or as a partner) who is a natural person:

the name of the applicant;

the residential and business addresses of the applicant;

4 written references as to the character of the applicant;

a written curriculum vitae of the applicant; or

details of the criminal history of the applicant;

in the case of an applicant (whether alone or jointly with another person or as a partner) who is a company:

the name of the applicant;

the names of the directors, associates and other officers of the applicant;

the addresses of the registered office and principal place of business of the applicant;

a certified copy of the certificate of incorporation of the applicant;

a certified copy of the constitution or rules of the applicant;

a certified copy of a search showing the date of incorporation, principal place of business and the names of the directors, secretaries and shareholders of the applicant;

a written curriculum vitae of each director and other officer of the applicant; or

details of the criminal history of each director and other officer of the applicant;

in the case of an applicant (whether alone or jointly with another person or as a partner) who is an incorporated association:

the name of the applicant;

the names of the public officer, committee members and other officers of the applicant;

the address where the business of the applicant is being carried on;

a certified copy of the certificate of incorporation of the applicant;

a certified copy of the constitution of the applicant;

a written curriculum vitae of each committee member and other officer of the applicant; or

details of the criminal history of each committee member and other officer of the applicant;

if 2 or more persons making an application are partners - a copy of their partnership agreement;

if an applicant will be conducting business under the licence the subject of the application under a business name registered under the Business Names Registration Act 2011 (Cth) - a copy of the entry in the Business Names Register provided by ASIC under section 60 of that Act showing the registration;

documentation of an applicant's current assets and liabilities or the applicant's existing and future income;

a business plan or other documentation of the proposed operation of the business under the licence the subject of the application, including details of the:

premises and vehicles that the applicant will use;

number of employees or agents the licensee will engage;

manner of transportation of the kava into and within the Territory or the licence area concerned; and

manner in which the applicant proposes to purchase or otherwise be supplied with, sell and store the kava;

a statement or plan of the measures or programs the applicant would support, fund or implement as the holder of the licence for facilitating harm minimisation and other responsible practices relating to the supply, possession and consumption of kava.

The size of the notice of making an application for the grant of a licence that an applicant must publish in a newspaper under section 61(1)(a) of the Act is to be not less than 2 columns in width by 8 cm in depth.

At the time of making an application for the grant of a licence under section 60 of the Act the applicant must provide to the Director a copy of the notice the applicant intends to publish under section 61(1) of the Act for the purpose of being approved by the Director.

The Director may issue a licence under section 64 or 65 of the Act subject to any of the following conditions that the Director determines necessary or desirable in the circumstances of the licence:

in the case of a retail licence - that the sale of kava under the retail licence may only occur between the hours and on the days specified in the licence;

that the licensee must not conduct business under the licence except on the premises, by using the vehicles, with the number of employees or by the agents specified in the licence;

that the licensee, whether personally or by an employee or agent, must not transport kava into and within the Territory or a particular licence area unless as specified in the licence;

that the licensee must not hold a quantity of kava in stock that is more than the maximum quantity specified in the licence;

that the premises the licensee uses in conducting business under the licence must be maintained in a clean, serviceable and sanitary condition at all times;

in the case of a retail licensee - that the licensee must not sell kava to a person unless the person pays for the kava in cash and not by credit;

that the licensee must comply with the Act, these Regulations and the terms and conditions of the licence.

For the purposes of subregulation (1)(a), the hours and days that a retail licensee may sell kava are to be fixed by taking into account:

the size of the licence area in respect of which the licensee's licence is granted;

the number of person's ordinarily residing in the licence area and their distribution within the licence area; and

the wishes of the residents of the licence area regarding when kava may be purchased.

For the purposes of subregulation (1)(d), the maximum quantity of kava to be held in stock by a licensee is to be fixed by taking into account:

in the case of a wholesale licensee - the number of licensees who will be purchasing kava from the wholesale licensee;

in the case of a retail licensee - the number of persons ordinarily residing in the licence area in respect of which the licensee's licence is issued;

the manner and quantity in which and the intervals when the licensee will purchase or otherwise be supplied with kava to sell under the licensee's licence; and

the facilities available to the licensee for, and manner in which the licensee will be, storing kava held in stock by the licensee.

A licensee must keep and maintain, in the approved form, a record of:

the date and quantity of all kava supplied to the licensee (whether by importation into the Territory or purchase from another licensee);

the date and quantity of each sale of kava made by the licensee and, if the kava is sold to another licensee, the name and licence number of that licensee; and

a daily balance of the quantity of kava that is held in stock by the licensee.

A licensee must:

lodge with the Director a return, in the approved form, of the records kept under subregulation (1) in respect of each 3 month period ending on 31 March, 30 June, 30 September and 31 December (respectively) not later than 28 days after the expiry of the period to which the records relate; and

keep each record specified in subregulation (1) for not less than 3 years.

Kava is to be packaged in sealed airtight bags made of plastic or any other non-porous material that the Director has approved.

If kava is being supplied by a retail licensee, the kava is to be contained in packages that weigh not more than 200 grams.

A retail licensee must:

erect at the points of entry into the licence area in respect of which the licensee's licence is issued a retroreflective sign on which is written in white lettering on a red background the words:

"KAVA LICENCE AREA" in 200 mm lettering size; and

"You are entering an area where persons who are 18 years or older may purchase and consume kava in accordance with the Kava Management Plan for the area. It is illegal to possess more than 2 kg of kava in this area." in not less than 50 mm lettering size;

erect at the points of exit from the licence area referred to in paragraph (a) a retroreflective sign on which is written in white lettering on a red background the words:

"YOU ARE LEAVING A KAVA LICENCE AREA" in 200 mm lettering size; and

"Possession of any kava outside this area is illegal unless authorised by a licence and may result in a fine, seizure of a vehicle or imprisonment." in not less than 50 mm lettering size; and

maintain those signs in good condition.

A sign referred to in subregulation (1) is to be erected:

at the points of entry or exit that the Director has approved; and

in such a manner that the words on the sign are clearly visible to persons entering or leaving the licence area at those points of entry or exit.