{"id":"F2019L01616","name":"Customs (Prohibited Imports) (Kava) Approval 2019","slug":"customs-prohibited-imports-kava-approval-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440334,"registerId":"F2019L01616-fast-fetch-1775956005412","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs (Prohibited Imports) (Kava) Approval 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nCustoms (Prohibited Imports) (Kava) Approval 2019\n\nI, Jason Wood, Assistant Minister for Customs, Community Safety and Multicultural Affairs and Parliamentary Secretary to the Minister for Home Affairs, make the following approval.\n\nDated 13 December 2019\n\nJason Wood\n\nAssistant Minister for Customs, Community Safety and Multicultural Affairs  Parliamentary Secretary to the Minister for Home Affairs\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Approval of importation of kava\n\n \n\n1  Name\n\n  This instrument is the Customs (Prohibited Imports) (Kava) Approval 2019.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The later of:(a) the start of the day after this instrument is registered; and(b) the commencement of the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2019. 17 December 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subregulation 5(3) of the Customs (Prohibited Imports) Regulations 1956.\n\n4  Approval of importation of kava\n\n  The importation into Australia of kava is approved if the drug:\n\n (a) is imported in any of the following forms:\n\n (i) kava root;\n\n (ii) dried kava;\n\n (iii) a beverage that is made from the aqueous suspension of kava root in cold water only; and\n\n (b) is imported by a person who is 18 years old or older; and\n\n (c) does not exceed an amount of 4 kilograms; and\n\n (d) is imported as accompanied personal effects of the person as a passenger on board a ship or aircraft.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This approval converts a prior blanket prohibition into a limited authorisation: it permits importation of specified kava forms subject to age (18+), quantity (≤4 kg), and that the kava be accompanied personal effects of a passenger. The power to make this approval is exercised under subregulation 5(3) and implemented by section 4."},"complexity_factors":["Narrow, rule-based conditions reduce complexity (forms, age, quantity, accompanied personal effects) — s 4(a)–(d).","Authority is a single delegated power (subreg 5(3)), not primary legislation, so legal interpretive issues are limited — s 3.","Commencement linked to another instrument creates a timing dependency (references Customs Legislation Amendment Regulations 2019).","Ambiguity risks: meaning of 'aqueous suspension', 'cold water only', and 'accompanied personal effects' may require administrative interpretation — s 4(a)(iii), s 4(d).","Enforcement and measurement (how 4 kg is calculated, mixed forms) impose modest operational burdens on Customs and travellers — s 4(c)–(d).","No detailed exemptions, licences, or procedural requirements are set out here, so administrative discretion occurs at enforcement rather than in the instrument itself."],"plain_english_summary":"This instrument authorises limited importation of kava by passengers. It permits kava root, dried kava, or a cold-water aqueous kava beverage to be brought as accompanied personal effects by passengers aged 18 or over, in amounts up to 4 kilograms (see s 4). Compliance responsibility lies with the passenger/importer and enforcement by Customs; the approval is made under subregulation 5(3) (see s 3)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a narrow, purpose-built instrument that does exactly what its title suggests: it approves the importation of kava subject to specific conditions. There is no evidence of scope creep; the instrument remains tightly focused on creating a limited exception to the general prohibition on kava importation."},"complexity_factors":["Very short instrument with only 4 operative provisions","No defined terms section","Simple conditional structure with 4 cumulative requirements (all must be met)","No cross-references to other legislation beyond the enabling regulation","Straightforward logical operators ('and' conjunction between conditions)","Single purpose instrument with narrow, clearly stated scope"],"plain_english_summary":"This approval creates a narrow exception to Australia’s ban on kava, letting adult (18+) passengers bring up to 4 kg of kava as accompanied personal baggage for personal or ceremonial use. Allowed forms are raw or dried root and a cold-water kava drink; commercial import or larger quantities remain prohibited. It balances recognition of Pacific Island cultural practice with continued health and regulatory safeguards."}},"importantCases":[],"_links":{"self":"/api/acts/customs-prohibited-imports-kava-approval-2019","history":"/api/acts/customs-prohibited-imports-kava-approval-2019/history","analysis":"/api/acts/customs-prohibited-imports-kava-approval-2019/analysis","conflicts":"/api/acts/customs-prohibited-imports-kava-approval-2019/conflicts","importantCases":"/api/acts/customs-prohibited-imports-kava-approval-2019/important-cases","documents":"/api/acts/customs-prohibited-imports-kava-approval-2019/documents"}}