{"id":"kava-management-act-1998","name":"Kava Management Act 1998","slug":"kava-management-act-1998","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30141,"registerId":"nt-kava-management-act-1998-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Kava Management Act 1998.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Objects of Act","content":"2A Objects of Act\nThe objects of this Act are:\n(a) to establish mechanisms and procedures for prohibiting and\nregulating the supply, possession and consumption of kava\nand for controlling the price of kava;\n(b) to reduce the health, social and economic problems\nassociated with consumption of kava by the implementation of\nharm minimisation principles and other responsible practices\nrelating to supply, possession and consumption of kava; and\n(c) to encourage the involvement of communities in the regulation\nof the supply, possession and consumption of kava, and the\nimplementation of harm minimisation principles and other\nresponsible practices relating to the supply, possession and\nconsumption of kava, in their community areas.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act:\naffected person, see section 78.\n\nKava Management Act 1998 2\nanalyst means an analyst appointed under section 33.\napproved form means a form approved under section 83A.\nauthorised officer means:\n(a) a person appointed to be an authorised officer under\nsection 29(1);\n(b) a member of the Police Force; or\n(c) an inspector appointed under section 16 of the Liquor\nAct 2019.\ncommercial quantity means:\n(a) 25 or more kilograms of kava;\n(b) 25 or more litres of kava prepared as a drink; or\n(c) 20 or more kava plants.\ncultivate includes grow, sow or scatter the seed produced by kava\nand plant, nurture, tend or harvest kava.\ndelegate decision, see section 78.\nDirector means the Director of Kava Management appointed under\nsection 8A.\nincorporated association means an Aboriginal corporation as\ndefined in section 3 of the Aboriginal Councils and Associations\nAct 1976 (Cth).\nkava, whether prepared as a drink or in another form:\n(a) means:\n(i) the plant or a part of the plant piper methysticum;\n(ii) a kava lactone; or\n(iii) a substance produced by chemical synthesis that has\nthe same pharmacological effect as a kava lactone; and\n(b) includes any substance that is not kava or is not identifiable as\nkava that is used or dealt with by a person together with kava\nas if it were kava.\n\nKava Management Act 1998 3\nkava lactone means an extract obtainable from the plant piper\nmethysticum that is demethoxy-yangonin, dihydrokavain,\ndihydromethysticin, kavain, methysticin or yangonin.\nkava management plan means a kava management plan referred\nto in section 58A(1), and includes an amended kava management\nplan or a replacement kava management plan.\nkava plant means a whole kava plant or a root or part of a root or\nany other part of a kava plant.\nlicence means a retail licence or a wholesale licence issued or\nrenewed under Part 8 of this Act.\nlicence area means an area declared under section 57(2)(a) to be\nan area where kava may be sold for consumption.\nlicensee means the holder of a retail licence or a wholesale\nmanufacture includes the process of extracting and refining kava.\npossession includes being subject to a person's control\nnotwithstanding that the thing possessed is in the custody of\nanother person.\npremises includes a structure, building, area of land or other place\n(whether built on or not) and a part of a structure, building, area of\nland or place.\nproduce means:\n(a) prepare, package or produce;\n(b) offering to prepare, package or produce; or\n(c) doing or offering to do an act preparatory to, in furtherance of\nor for the purpose of preparing, packaging or producing.\nretail licensee means the holder of a retail licence.\nreviewable decision, see section 78.\nsell includes offer or expose for sale.\nsupply means:\n(a) give, distribute, sell, administer, transport or supply, whether\nor not for fee, reward or consideration or in expectation of fee,\nreward or consideration;\n\nKava Management Act 1998 4\n(b) have or keep in possession for supply;\n(c) offering to do an act referred to in paragraph (a); or\n(d) doing or offering to do an act preparatory to, in furtherance of,\nor for the purpose of an act referred to in paragraph (a),\nand includes barter and exchange.\ntrafficable quantity means:\n(a) more than 2 kilograms but less than 25 kilograms of kava; or\n(b) more than 4 but less than 20 kava plants,\nbut does not include a quantity of kava prepared as a drink.\nvehicle means any means of transport whether by land or water or\nthrough the air.\nwholesale licensee means the holder of a wholesale licence.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) For the purposes of this Act and the Regulations, a person takes\npart in the supply, cultivation, manufacture or production of kava if\nthe person:\n(a) takes or causes to be taken or participates in a step in the\nprocess of the supply, cultivation, manufacture or production\nof kava;\n(b) provides or arranges finance for a step in that process; or\n(c) provides the premises or vehicle in or on which a step in that\nprocess is taken or suffers or permits a step in that process to\nbe taken in or on the premises or vehicle in respect of which\nthe person is the owner, lessee or occupier or participates in\nthe management.\n(3) In this Act, a reference to an offence against this Act is to be read\nand construed as including an attempt or a conspiracy to commit\nthe offence.\n\nKava Management Act 1998 5\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"4 Application\nThis Act does not apply in relation to:\n(a) possession of a product listed or registered under the\nTherapeutic Goods Act 1989 of the Commonwealth of which\nkava is a component or ingredient in accordance with that Act;\nor\n(b) possession by a person who has attained the age of 18 years\nof a quantity of kava that is equal to or less than 2 kg and that\nthe person has as an incoming passenger brought or carried\ninto Australia in his or her personal baggage.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act to bind Crown","content":"5 Act to bind Crown\nThis Act binds the Crown not only in right of the Territory but, to the\nextent the legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Delegation","content":"7 Delegation\n(1) The Minister may delegate any of the Minister's powers and\nfunctions under this Act to:\n(a) the Director; or\n(b) the Chief Health Officer.\n(2) The Director may delegate any of the Director's powers or functions\nunder this Act, other than a power under Part 10, to a public sector\nemployee.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Guidelines","content":"8 Guidelines\n(1) Subject to the approval of the Minister, the Director may make\nguidelines with respect to the operation of this Act and the\nRegulations for the purpose of assisting licensees, persons wishing\nto apply for a licence or members of the public generally.\n(2) Guidelines under subsection (1) are to be published in the manner\ndetermined by the Director.\n(3) An action of a person under this Act or the Regulations is to comply\nwith the guidelines published under this section.\n\nKava Management Act 1998 6\n","sortOrder":7},{"sectionNumber":"8A","sectionType":"section","heading":"Appointment of Director of Kava Management","content":"8A Appointment of Director of Kava Management\nThe Minister must, in writing, appoint a person to be the Director of\nKava Management.\n","sortOrder":8},{"sectionNumber":"8B","sectionType":"section","heading":"Annual report","content":"8B Annual report\n(1) The Director must, within 3 months after the end of each financial\nyear, give the Minister a report on the operation of this Act during\nthat year.\n(2) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n","sortOrder":9},{"sectionNumber":"8C","sectionType":"section","heading":"Approved forms","content":"8C Approved forms\nThe Director may approve forms for this Act.\n","sortOrder":10},{"sectionNumber":"8D","sectionType":"section","heading":"Protection from liability","content":"8D Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function under this Act as the Director or a\ndelegate of the Director.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n\nKava Management Act 1998 7\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Possession of trafficable quantity or more of kava","content":"9 Possession of trafficable quantity or more of kava\nA person (whether he or she is in or outside a licence area and\nwhether or not he or she has attained the age of 18) must not\npossess a quantity of kava that is equal to or more than the\ntrafficable quantity unless doing so in accordance with a licence.\nMaximum penalty: In the case of a trafficable quantity –\n2 years.\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Possession of less than trafficable quantity or less than","content":"10 Possession of less than trafficable quantity or less than\n25 litres of kava\n(1) A person who has not attained the age of 18 (whether he or she is\ninside or outside a licence area) must not possess a quantity of\nkava that is less than the trafficable quantity or a quantity of kava\nprepared as a drink that is less than 25 litres.\n(2) If a person who has attained the age of 18 is outside a licence area,\nthe person must not possess a quantity of kava that is less than the\ntrafficable quantity or a quantity of kava prepared in the form of a\ndrink that is less than 25 litres unless doing so in accordance with a\n(3) Where an authorised officer has reason to believe that a person is\nnot complying with subsection (1) or (2), the authorised officer may\nseize the kava, or a thing he or she reasonably believes to be kava,\nthat is in the possession of the person.\n(4) If kava or a thing that an authorised officer reasonably believes to\nbe kava is in the immediate vicinity of a person who the officer on\nreasonable grounds believes:\n(a) is not complying with subsection (1) or (2); or\n(b) would not be complying with those subsections if the kava or\nthing was in his or her possession),\n\nKava Management Act 1998 8\nthe kava or thing may be taken to be in the possession of the\nperson and dealt with under subsection (3) and section 11 as if the\nkava or thing is in the possession of the person.\n(5) A person who fails to comply with this section does not commit an\noffence against this Act and no prosecution may be instituted under\nthis section against the person in relation to possession of the kava\nor thing.\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Forfeiture and disposal of kava or thing seized under","content":"11 Forfeiture and disposal of kava or thing seized under\nsection 10\n(1) On the seizure of kava or a thing under section 10, the kava or\nthing is forfeited to the Territory and the authorised officer must:\n(a) take the kava or thing to a police station; or\n(b) if the kava is prepared as a drink or the authorised officer\nreasonably believes that the thing is kava prepared as a\ndrink – immediately dispose of or destroy the kava or thing by\nemptying the receptacle containing the kava or thing.\n(2) Where an authorised officer seizes kava or a thing under\nsection 10, he or she must, as soon as reasonably possible, make\na record of the kava or thing seized in the approved form and\nmanner.\n(3) A record made under subsection (2) is to be delivered to the\nDirector in the approved form.\n(4) Kava or a thing referred to in subsection (1)(a) is to be destroyed or\ndisposed of in a manner determined by the Director.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Supply of kava","content":"12 Supply of kava\n(1) A person must not supply kava to another person, or take part in\nthe supply of kava to another person, unless doing so in\naccordance with a licence.\ntrafficable quantity – 50 penalty units.\n2 years.\n\nKava Management Act 1998 9\n(2) A person must not supply kava to:\n(a) a person who has not attained the age of 18 years; or\n(b) a person who the person knows or has reason to believe will\nsupply the product to a person who has not attained the age of\n18 years.\ntrafficable quantity – 100 penalty units or\nimprisonment for 14 years.\n(3) A person must not send a person who has not attained the age of\n18 years to purchase or collect kava from a licensee.\ntrafficable quantity – 100 penalty units or\nimprisonment for 14 years.\n(4) A person commits an offence against this section whether or not\nthe supply of kava took place in or outside the Territory and, if the\nsupply took place outside the Territory, whether or not the supply of\nkava to the person is an offence in that place.\n","sortOrder":15},{"sectionNumber":"12A","sectionType":"section","heading":"Supply of kava to intoxicated person","content":"12A Supply of kava to intoxicated person\nA person must not supply kava to a person who is intoxicated by\nkava, alcohol or a drug.\nMaximum penalty: For a first offence –100 penalty units or\nimprisonment for 6 months.\nFor a second or subsequent offence –\n200 penalty units or imprisonment for\n12 months.\n\nKava Management Act 1998 10\n","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Cultivation of kava","content":"13 Cultivation of kava\nA person must not cultivate kava or take part in the cultivation of\nkava.\ntrafficable quantity – 50 penalty units or\nimprisonment for 5 years.\n","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Manufacture and production of kava","content":"14 Manufacture and production of kava\nA person must not manufacture or produce kava, or take part in the\nmanufacture or production of kava, unless doing so in accordance\nwith a licence.\ncommercial quantity – imprisonment for\n5 years.\n","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Pricing and packaging","content":"15 Pricing and packaging\n(1) A licensee must not supply kava unless it is:\n(a) for the price determined under Part 2A; and\n(b) packaged in a manner that complies with the Regulations.\n(2) An offence against this section is a regulatory offence.\n\nKava Management Act 1998 11\n","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Obligation of wholesale licensee","content":"16 Obligation of wholesale licensee\nA wholesale licensee must not supply kava to a person unless that\nperson is a retail licensee or a wholesale licensee.\ntrafficable quantity:\n50 penalty units; or\nIn the case of a trafficable quantity:\n2 years; or\nIn the case of a commercial quantity:\nimprisonment for 8 years; or\n1,000 penalty units.\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Obligations of retail licensee","content":"17 Obligations of retail licensee\nA retail licensee must not:\n(a) purchase kava except from a wholesale licensee; or\n(b) supply kava unless doing so in the licence area in respect of\nwhich the licensee's licence is issued.\ntrafficable quantity:\n50 penalty units; or\n\nKava Management Act 1998 12\nIn the case of a trafficable quantity:\n2 years; or\nIn the case of a commercial quantity:\nimprisonment for 8 years; or\n1,000 penalty units.\n","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Licensee to keep, &c., records as prescribed","content":"18 Licensee to keep, &c., records as prescribed\n(1) A licensee must keep records as prescribed in relation to the\npurchase and disposal of kava.\nMaximum penalty: In the case of a natural person – 50 penalty\nunits.\n(2) A licensee must produce the records required to be kept under the\nRegulations on being requested to do so by an authorised officer.\n(3) An offence against this section is a regulatory offence.\n","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Licensee to lodge returns","content":"19 Licensee to lodge returns\n(1) A licensee must not refuse or fail to lodge a return required to be\nlodged under this Act or the Regulations.\nMaximum penalty: In the case of a natural person – 50 penalty\nunits.\n\nKava Management Act 1998 13\n(2) A licensee must not lodge a return which is false in any particular.\n(3) An offence against this section is a regulatory offence.\n","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"False statement","content":"20 False statement\nA person must not knowingly make a false or misleading statement\nin connection with a matter under this Act.\nMaximum penalty: 50 penalty units or imprisonment for\n12 months.\n","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Person to comply with request of authorised officer","content":"21 Person to comply with request of authorised officer\n(1) A person must not:\n(a) refuse or fail to comply with a request or requirement of an\nauthorised officer made under section 32; or\n(b) otherwise obstruct or hinder an authorised officer in the proper\nexecution of his or her duties.\n(2) A person must not make a false statement in answer to a request of\nan authorised officer to make a statement or provide proof of his or\nher age under section 32(4).\nMaximum penalty: 50 penalty units.\n","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Confidentiality","content":"22 Confidentiality\nA person must not, except in the course of his or her duty under this\nAct or in the course of proceedings in a court in respect of an\noffence against this Act or the Regulations, divulge to another\nperson information that he or she has acquired by reason of the\ninspection of premises, books, documents or papers under this Act\nor the Regulations.\nMaximum penalty: 50 penalty units.\n\nKava Management Act 1998 14\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Knowledge of age immaterial","content":"23 Knowledge of age immaterial\nWhere an offence against this Act is committed in respect of a\nperson who has not attained the age of 18, it is immaterial that the\naccused did not know that the person had not attained the age\nof 18 or that the accused believed that the person had attained the\nage of 18.\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Parties to offences committed outside Territory","content":"24 Parties to offences committed outside Territory\nA person in the Territory who is a party to an act done at a place\noutside the Territory that:\n(a) is an offence under the law in force in that place; and\n(b) if it had been done in the Territory, would be an offence\nagainst this Act,\ncommits an offence against this Act and, on being found guilty of\nthat offence, is liable to the same penalty and forfeiture as if the act\nhad been done in the Territory.\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Prosecution of licensee for actions of employee","content":"25 Prosecution of licensee for actions of employee\n(1) Where the actions of a person employed by a licensee would\nconstitute an offence against this Act, the licensee may be\nprosecuted for the offence (whether or not the person employed is\nalso prosecuted) as if the licensee had personally performed those\nactions.\n(2) A reference in subsection (1) to a person employed by a licensee\nincludes a reference to a person whose services are provided to a\nlicensee under a contract with the person or another person.\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"26 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n\nKava Management Act 1998 15\n(2) An offence against subsection (1) is a regulatory offence.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n(b) took reasonable steps to prevent the contravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n(4) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(8) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n\nKava Management Act 1998 16\n(9) In this section:\ndeclared provision means:\n(a) section 12(1) or (2), 13 or 14; or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Evidentiary","content":"27 Evidentiary\n(1) In respect of a charge against a person for the alleged committal of\nan offence against this Act:\n(a) proof that kava was at the material time in or on premises or a\nvehicle of which the person was the occupier or in control, or\nthe management or control of which the person was\nconcerned with, is evidence that the kava was at that time in\nthe person's possession unless it is shown that the person\nneither knew nor had reason to suspect that the kava was in\nor on the premises or vehicle;\n(b) the operation of section 32 of the Criminal Code is excluded\nunless the person shows his or her honest and reasonable\nbelief in the existence of a state of things material to the\ncharge; and\n(c) the burden of proving an authorisation to do an act or make an\nomission lies on the person.\n(2) If a sample of a quantity of a substance seized under this Act and\nalleged to be kava is analysed or examined by an analyst and the\nresults of the analysis or examination establishes the presence of a\nkava lactone in the sample, for the purpose of establishing whether\na person committed an offence against this Act relating to the\nsubstance seized, the whole of the quantity of the substance seized\nis to be taken to be kava.\n","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Possession by authorised officer","content":"28 Possession by authorised officer\n(1) Notwithstanding this Act, the possession of kava by an authorised\nofficer is not an offence if the kava:\n(a) was seized or obtained in the performance of his or her\nfunctions and the exercise of his or her powers under this Act\nor any other law in force in the Territory;\n\nKava Management Act 1998 17\n(b) is in the authorised officer's possession pending the institution\nand hearing of proceedings for an offence against this Act or\nany other law in force in the Territory; or\n(c) is in the authorised officer's possession for a purpose\nassociated with the administration of this Act.\n(2) Kava is to be taken to be in the possession of an authorised officer\nfor a purpose associated with the administration of this Act if it is\nheld by the authorised officer for:\n(a) analysis or examination for the purpose of prosecuting an\noffence against this Act or any other law in force in the\nTerritory;\n(b) for the purpose of giving evidence in those proceedings;\n(c) delivery to a police station or the Director; or\n(d) the destruction or disposal of the kava.\n(3) Where proceedings for an offence against this Act have\ncommenced:\n(a) an authorised officer who has obtained kava is not, by reason\nonly of that circumstance, to be taken to be a party to or guilty\nof an offence against this Act; and\n(b) any evidence given in the proceedings by the authorised\nofficer is not, in the absence of evidence to the contrary, to be\ntaken to be the evidence of an accomplice.\n","sortOrder":32},{"sectionNumber":"28A","sectionType":"section","heading":"Director determines price of kava","content":"28A Director determines price of kava\n(1) Subject to this Part, the Director determines the price of kava.\n(2) The Director must, in writing, determine:\n(a) the price for which kava is supplied by wholesale licensees;\nand\n(b) the price for which kava is supplied by retail licensees.\n(3) The Director may determine different prices to apply in different\nlicence areas.\n\nKava Management Act 1998 18\n","sortOrder":33},{"sectionNumber":"28B","sectionType":"section","heading":"Matters Director to take into account in determining price","content":"28B Matters Director to take into account in determining price\nIn determining the price of kava, the Director must take into account\nthe localities of the licence areas, the financial viability of the\noperations of the licensees and harm minimisation issues relevant\nto the communities where kava is supplied or consumed.\n","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Authorised officers","content":"29 Authorised officers\n(1) The Minister may, by notice in writing, appoint a person to be an\nauthorised officer for the purposes of this Act.\n(2) A member of the Police Force or an inspector appointed under\nsection 16 of the Liquor Act 2019 is an authorised officer while\nexercising the powers conferred on an authorised officer by this\nAct.\n","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Identity cards","content":"30 Identity cards\n(1) The Director must issue to each authorised officer appointed under\nsection 29(1) an identity card containing a photograph and the\nsignature of the authorised officer.\n(2) Subject to section 32(3), an authorised officer must produce his or\nher identity card on being requested to do so by a person in respect\nof whom the authorised officer has exercised or is about to exercise\nhis or her powers under this Act.\n(3) A person must as soon as reasonably possible after ceasing to be\nan authorised officer return his or her identity card to the Director.\nMaximum penalty: 5 penalty units.\n(4) An offence against subsection (3) is a regulatory offence.\n","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Functions of authorised officers","content":"31 Functions of authorised officers\n(1) It is the function of an authorised officer to ensure that this Act and\nthe Regulations are being observed.\n(2) An authorised officer is subject to the directions of the Director or, in\nthe case of a member of the Police Force, the Commissioner of\nPolice when performing his or her functions.\n\nKava Management Act 1998 19\n","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Powers of authorised officers","content":"32 Powers of authorised officers\n(1) Where an authorised officer has reasonable grounds to suspect\nthat:\n(a) kava is being produced or supplied, whether with or without a\nlicence, on particular premises or in or on a particular vehicle;\nor\n(b) an offence against this Act or the Regulations has occurred, is\noccurring or is likely to occur on premises or in or on a vehicle,\nthe authorised officer may, without a search warrant but with the\nassistance he or she thinks necessary:\n(c) enter or board, with the force that is necessary and\nreasonable, or inspect or search the premises or vehicle;\n(d) search or detain a person:\n(i) who is in or on the premises or vehicle or who he or she\nreasonably believes is about to enter or board or has\nrecently left the premises or vehicle; and\n(ii) on whom he or she reasonably suspects there may be\nsomething that is evidence of or that otherwise relates to\nthe offence;\n(e) require the person in charge of a vehicle to cause it to stop or\nto bring it to a place in the Territory and to remain in control of\nit at that place until an authorised officer permits him or her to\ndepart from that place;\n(f) stop, search and detain a person on whom he or she\nreasonably believes that there may be something that is\nevidence of or that otherwise relates to the offence; or\n(g) take any other action that is necessary and reasonable to\nprevent the commission of an offence against this Act or the\nRegulations.\n(2) An authorised officer who enters premises or gets into or boards a\nvehicle in pursuance of this section may:\n(a) with the force that is necessary and reasonable, open and\nsearch a cupboard, drawer, chest, trunk, box, cage, package\nor other receptacle, whether a fixture or not;\n\nKava Management Act 1998 20\n(b) if he or she reasonably believes that:\n(i) the vehicle or a receptacle found in or on the premises\nor vehicle;\n(ii) a thing found in or on the vehicle or a receptacle referred\nto in subparagraph (i); or\n(iii) a thing found on a person searched in or on the\npremises or vehicle,\nis evidence of or otherwise relates to an offence that has been\nor is being committed against this Act or the Regulations,\nseize, take, detain, remove and secure the vehicle, receptacle\nor thing;\n(c) examine, take stock of and take samples of any kava or a\nthing he or she reasonably believes to be kava;\n(d) inspect any documents;\n(e) remove and retain a document which he or she has\nreasonable grounds to believe is evidence of or otherwise\nrelates to an offence against this Act or the Regulations for so\nlong as is reasonably necessary for the purpose of making\ncopies of the document; or\n(f) seize and remove any kava or a thing he or she reasonably\nbelieves to be kava which he or she has reasonable grounds\nto believe is evidence of or otherwise relates to an offence\nagainst this Act or the Regulations.\n(3) Unless, before commencing a search of premises, a vehicle or a\nperson under this section, an authorised officer produces his or her\nidentity card to:\n(a) the person who is or appears to be in charge of the premises\nor vehicle; or\n(b) the person he or she is about to search,\nthe authorised officer is not authorised to search the premises,\nvehicle or person, as the case may be.\n\nKava Management Act 1998 21\n(4) Where an authorised officer has reasonable grounds to believe that\na person may be able to assist the officer in inquiries in connection\nwith an offence against this Act or the Regulations that has been,\nmay have been, is being or may be committed, the officer may\nrequest the person:\n(a) if the person's name or address is not known to the authorised\nofficer – to state his or her name and address;\n(b) if the person's age is not known to the authorised officer:\n(i) to state the date and place of his or her birth; and\n(ii) to provide proof of his or her age; and\n(c) to state, if known by the person, the name or identity of the\nsupplier of any kava in the person's possession.\n(5) A female must not be searched under this section except by a\nfemale.\n","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Appointment of analysts","content":"33 Appointment of analysts\nThe Minister may, by notice in the Gazette, appoint a person to be\nan analyst for the purposes of carrying out the sampling, analysis or\nexamination of a thing seized under this Act.\n","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Analyst's certificate","content":"34 Analyst's certificate\nIn proceedings for an offence against this Act, the production of a\ncertificate purporting to be signed by an analyst in relation to an\nanalysis or examination made by the analyst is, without proof of the\nanalyst's signature or that he or she is an analyst, evidence of:\n(a) the identity and quantity of the thing analysed or examined;\nand\n(b) the result of the analysis or examination and of the other\nmatters relevant to the proceedings stated in the certificate,\nand, in the absence of evidence to the contrary, is conclusive\nevidence.\n\nKava Management Act 1998 22\n","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Definitions","content":"35 Definitions\nCourt means the Local Court.\nkava means kava, or a thing alleged to be kava, that is seized\nunder this Act.\norder means an order under this Part.\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Extent of order for destruction","content":"36 Extent of order for destruction\nAn order for the forfeiture and destruction of kava is not to be made\nunless:\n(a) the quantity of kava seized is more than 3 times the quantity of\nkava required for the sampling and analysis of the kava; and\n(b) the order authorises the destruction of not more than the\nquantity of kava that represents the quantity of the kava\nseized less 3 times the quantity of kava required for the\nsampling and analysis of the kava.\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Application to Court for order for destruction","content":"37 Application to Court for order for destruction\n(1) At any time after the seizure of kava under this Act, the Director or\nan authorised officer may apply to the Court for an order for the\nforfeiture to the Territory and the destruction of the kava.\n(2) On hearing the application, the Court may make an order that the\nkava is to be retained or that the kava is forfeited to the Territory\nand is to be destroyed.\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Determination of Court for destruction on first mention of","content":"38 Determination of Court for destruction on first mention of\ncharge\n(1) Subject to this section, where a person is charged with an offence\nthat relates to kava that has not been ordered to be forfeited and\ndestroyed under section 37, on the first occasion on which the\ncharge is mentioned before the Court, the Court may make an\norder that the kava is to be retained or that the kava is forfeited to\nthe Territory and is to be destroyed.\n(2) Where the accused is legally represented and no party objects to\nthe destruction of the kava, the Court must make an order that the\nkava is forfeited to the Territory and is to be destroyed.\n\nKava Management Act 1998 23\n(3) Where the accused is not present before the Court, the accused is\npresent but is not legally represented or a party objects to the\ndestruction of the kava, the Court may make an order that:\n(a) the kava is forfeited to the Territory and is to be destroyed; or\n(b) if there is a requirement to retain the kava or the Court is\nsatisfied that it is in the interests of justice or that there is\nsome other sufficient reason for doing so, the kava is to be\nretained.\n","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Adjournment","content":"39 Adjournment\n(1) The Court must adjourn the hearing of an application under\nsection 37 or postpone the making of an order under section 38 if:\n(a) no order with respect to the kava is in force and a party to the\nproceedings requests the adjournment or postponement; or\n(b) in the opinion of the Court, it is in the interests of justice or\nthere is some other sufficient reason for the adjournment or\ndelay.\n(2) An adjournment or postponement under this section is to be for a\nperiod not exceeding 14 days.\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Order on committal for trial","content":"40 Order on committal for trial\n(1) On the committal for trial of a person for an offence with respect to\nkava that the Court has not ordered to be forfeited and destroyed,\nthe Court must make an order that the kava is to be retained or that\nthe kava is forfeited to the Territory and is to be destroyed.\n(2) Where the Court orders that the kava is to be retained, the Court\nmust give reasons for making the order.\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Review of determination for retention of kava","content":"41 Review of determination for retention of kava\nWhere a Court makes an order that kava is to be retained, the\nCourt must fix a date, not more than 2 months after the date of the\norder, on which a further order for the retention of the kava or an\norder for the forfeiture to the Territory and the destruction of the\nkava is to be made.\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Order on initial hearing of trial","content":"42 Order on initial hearing of trial\nWhere a person is committed for trial for an offence with respect to\nkava that has not been ordered to be forfeited and destroyed, the\ncourt hearing the trial must, on the first occasion on which the\nmatter is mentioned before it, make an order that the kava is to be\n\nKava Management Act 1998 24\nretained or that the kava is forfeited to the Territory and is to be\ndestroyed.\n","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Destruction of kava","content":"43 Destruction of kava\n(1) Subject to subsection (2) and section 85, where a court makes an\norder for the destruction of kava, the kava is to be destroyed as\nsoon as reasonably possible after the expiry of:\n(a) the period of 7 days from the date on which the order was\nmade; or\n(b) if the order specifies a longer period – that period.\n(2) A court making an order for the destruction of kava may revoke or\nvary the order.\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Matters for consideration on determination for retention of","content":"44 Matters for consideration on determination for retention of\nkava\nIn determining whether to make an order that kava is to be retained\nor is to be forfeited and destroyed, a court must consider:\n(a) the amount of kava seized;\n(b) whether the kava can reasonably be securely retained;\n(c) the period of retention;\n(d) the purpose of retention;\n(e) the amount of kava required for the purpose of sampling and\nanalysis;\n(f) a report, if any, of an analyst relating to the kava;\n(g) whether the arrest of a person in relation to the kava is\nimminent;\n(h) the number of persons charged with offences in relation to the\nkava;\n(j) when the hearing of the charge relating to the kava is likely to\nbe concluded;\n(k) whether any other order has been or will be made relating to\nthe kava;\n(m) any claim of a person to be lawfully entitled to the kava; and\n(n) any other matter which, in the opinion of the court, is relevant.\n\nPart 6 Detention, return, forfeiture and disposal of kava or thing seized\nKava Management Act 1998 25\nPart 6 Detention, return, forfeiture and disposal of\nkava or thing seized\nDivision 1 Director\n46 Delivery of kava or thing seized to Director\nSubject to this Act, an authorised officer who seizes kava or\nanother thing under this Act must, as soon as reasonably possible\nafter seizing it, deliver the kava or thing to the Director.\n","sortOrder":50},{"sectionNumber":"47","sectionType":"section","heading":"Detention of kava or thing seized","content":"47 Detention of kava or thing seized\nSubject to this Part, the Director may retain possession of kava or a\nthing delivered under section 46 until the institution of proceedings\nagainst this Act or the Regulations in relation to the kava or thing\nand, if necessary, during the proceedings.\n","sortOrder":51},{"sectionNumber":"48","sectionType":"section","heading":"Application","content":"48 Application\nThis Division applies subject to Part 5.\n","sortOrder":52},{"sectionNumber":"49","sectionType":"section","heading":"Return of kava or thing seized","content":"49 Return of kava or thing seized\n(1) Where kava or another thing is seized and delivered to the Director\nunder this Act and:\n(a) no proceedings are instituted for an offence relating to the\nkava or thing; or\n(b) proceedings were instituted for an offence referred to in\nparagraph (a) but the person accused of committing the\noffence was not found guilty and no order for the forfeiture and\ndisposal of kava has been made under Part 5 or otherwise by\nthe court,\nthe Director must, by notice in writing, invite the person from whom\nthe kava or thing was seized, or another person appearing to the\nDirector to be the owner of the kava or thing, to claim delivery to\nhim or her of it.\n(2) A person to whom a notice is directed under subsection (1) who\nwishes to make a claim for the delivery of the kava or thing to him\nor her must make the claim not later than 30 days after the date of\nthe notice.\n\n","sortOrder":53},{"sectionNumber":"Part 6","sectionType":"part","heading":"Detention, return, forfeiture and disposal of kava or thing seized","content":"Part 6 Detention, return, forfeiture and disposal of kava or thing seized\nKava Management Act 1998 26\n(3) Where a person who receives a notice under subsection (1) makes\na claim for the delivery of the kava or thing seized, the Director\nmust deliver the kava or thing into the custody or possession of the\nLocal Court to be dealt with by the court under section 130B of the\nLocal Court (Criminal Procedure) Act 1928 as if it were property the\nsubject of an application by a claimant of property under that\nsection.\n","sortOrder":54},{"sectionNumber":"50","sectionType":"section","heading":"Return of seized vehicle pending prosecution","content":"50 Return of seized vehicle pending prosecution\n(1) Notwithstanding section 49, the owner or another person who\nwould, but for the seizure of a vehicle under this Act, be entitled to\npossession of the vehicle may, any time before the trial of a person\nfor an offence to which the seizure of the vehicle relates, apply to\nthe Minister for the return of the vehicle to him or her.\n(2) Where an application is made to the Minister under subsection (1),\nthe Minister may, after considering the recommendations of the\nDirector in relation to the application and being satisfied that the\napplicant was not knowingly involved in the act allegedly\nconstituting the offence and had no reason to suspect that it might\nbe used in connection with the alleged commission of the offence,\nrelease the vehicle to the applicant subject to the conditions relating\nto its production as evidence at the trial referred to in that\nsubsection as the Minister thinks fit.\n","sortOrder":55},{"sectionNumber":"51","sectionType":"section","heading":"Forfeiture of kava or thing seized","content":"51 Forfeiture of kava or thing seized\n(1) If no claim is made for the delivery of kava or a thing under\nsection 49, the kava or thing is, by force of this subsection, forfeited\nto the Territory.\n(2) If:\n(a) a person is found guilty of an offence relating to kava or a\nthing seized and delivered to the Director under this Act; and\n(b) the kava or thing has not already been forfeited by an order\nmade under Part 5,\nthe kava or thing is, by force of this subsection, forfeited to the\nTerritory.\n(3) Where proceedings are instituted against a person for an offence\nagainst this Act involving kava but he or she is not found guilty of\nthe offence, the court before which the person was tried may order\nthat all or some of the kava be forfeited to the Territory.\n(4) A forfeiture under subsection (2) is in addition to any penalty\nimposed on a person found guilty of the offence.\n\nKava Management Act 1998 27\n","sortOrder":56},{"sectionNumber":"52","sectionType":"section","heading":"Disposal of kava or thing","content":"52 Disposal of kava or thing\n(1) All kava and things forfeited to the Territory under this Act may be\ndestroyed or disposed of in a manner determined by the Director.\n(2) Without limiting the generality of subsection (1), where the Minister\napproves, a vehicle that has been forfeited may be sold or returned\nto a person who immediately before the forfeiture of the vehicle had\na legal or equitable interest in it and who, in the opinion of the\nMinister, was not knowingly involved in the act constituting the\noffence or alleged offence, and had no reason to suspect that it\nmight be used in connection with the commission or alleged\ncommission of the offence to which the seizure of the vehicle\nrelates.\n","sortOrder":57},{"sectionNumber":"53","sectionType":"section","heading":"Definitions","content":"53 Definitions\narea does not include:\n(a) a municipality as defined in section 7 of the Local Government\nAct 2019;\n(b) the area at Jabiru described in Part A of Schedule 1;\n(c) the area at Nhulunbuy described in Part B of Schedule 1; or\n(d) an area that the Minister by notice in the Gazette determines\nmay not be declared to be a licence area.\ncouncil means a council for a Territory region or a shire under the\nLocal Government Act 2019.\nresident, in relation to an area in respect of which an application is\nmade under section 54, means a person who:\n(a) is 18 or more years of age; and\n(b) resides in the area or has a right or interest in land within the\n\nKava Management Act 1998 28\nright or interest in land includes the entitlement by Aboriginal\ntradition, within the meaning of the Aboriginal Land Rights\n(Northern Territory) Act 1976 of the Commonwealth, to use or\noccupy land.\n","sortOrder":58},{"sectionNumber":"54","sectionType":"section","heading":"Application for declaration of licence area","content":"54 Application for declaration of licence area\n(1) At least 10 residents of an area may apply to the Minister for the\nMinister to declare, in writing, that the area is a licence area.\n(1A) A council may apply to the Minister for the Minister to declare, in\nwriting, that:\n(a) the whole of the local government area in respect of which the\ncouncil is constituted is a licence area; or\n(b) a part of the local government area in respect of which the\ncouncil is constituted is a licence area; or\n(c) 2 or more non-contiguous parts of the local government area\nin respect of which the council is constituted is a licence area.\n(2) An application is to:\n(a) be in writing;\n(b) be signed by each applicant or, in the case of an application\nmade under subsection (1A), a person authorised by the\napplicant; and\n(c) include a description of the area or areas in sufficient detail to\nenable the Minister to identify the location of the proposed\nlicence area.\n","sortOrder":59},{"sectionNumber":"55","sectionType":"section","heading":"Explanation of application","content":"55 Explanation of application\n(1) After receiving an application under section 54 the Minister must:\n(a) inform the residents of the area or areas to which the\napplication relates and any other persons who, in the opinion\nof the Minister, are sufficiently interested in whether or not the\narea is or areas are declared to be a licence area to be\ninformed (who may include persons residing in the vicinity of\nthe area or areas), of the receipt of the application; and\n(b) fix a date, time and place for a meeting with those residents\nand other persons and advise them of that date, time and\nplace,\n\nKava Management Act 1998 29\nin the manner the Minister considers appropriate.\n(2) At the meeting held in accordance with subsection (1)(b), the\nMinister or the Minister's nominee must:\n(a) explain to the persons present the effect of declaring an area\nor areas to be a licence area; and\n(b) endeavour to ascertain the needs and opinions of the\nresidents and other persons referred to in subsection (1) on\nthe proposal to declare the area or areas a licence area.\n","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Application may be varied","content":"56 Application may be varied\nThe applicants under section 54 may, by notice in writing to the\nMinister:\n(a) after the meeting referred to in section 55, vary the application\nby altering the area or areas to which the application relates,\nbut not so as to increase the size of the proposed licence\narea; or\n(b) at any time before the Minister declares the area or areas to\nbe a licence area, withdraw the application.\n","sortOrder":61},{"sectionNumber":"57","sectionType":"section","heading":"Consideration and decision of Minister","content":"57 Consideration and decision of Minister\n(1) In deciding whether to declare an area or areas to be a licence\narea, the Minister:\n(a) must consider the needs and opinions of the residents and the\nother persons referred to in section 55(1);\n(b) may conduct the investigations in relation to the application he\nor she thinks fit; and\n(c) if the area is or areas are within or in the vicinity of a local\nincorporated association – must consult with the local\ngovernment council for the local government area or the\nincorporated association to ascertain its views regarding the\narea or areas that the Minister should declare to be a licence\narea and any other matters relating to the possession, supply\nand consumption of kava within the proposed licence area that\nthe Minister considers appropriate.\n\nKava Management Act 1998 30\n(2) After due consideration of an application under subsection (1), the\nMinister may:\n(a) declare an area or areas in respect of which the application\nwas made to be an area or areas where kava may be sold for\nconsumption; or\n(b) refuse to declare an area or areas in respect of which the\napplication was made to be an area or areas where kava may\nbe sold for consumption.\n(3) A declaration under subsection (2)(a) may be made in respect of:\n(a) the area or areas of land described in the application; or\n(b) an area or areas of land that is equal to, greater than or less\nthan the area or areas described in the application and that\nincludes or include a substantial part of the area or areas\ndescribed in the application.\n(4) A declaration under subsection (2)(a) does not take effect until\nnotice of the declaration is published in the Gazette in accordance\nwith section 58(1).\n","sortOrder":62},{"sectionNumber":"58","sectionType":"section","heading":"Notice of declaration","content":"58 Notice of declaration\n(1) The Minister must, not later than 14 days after declaring an area or\nareas of land to be a licence area under section 57, cause notice of\nthe declaration to be published in the Gazette and:\n(a) in a newspaper or other publication circulating throughout the\narea or areas; or\n(b) in any other manner the Minister considers suitable to\npublicise the making of the declaration throughout the area or\nareas.\n(2) The notice of the declaration is to:\n(a) include a description of the licence area in sufficient detail to\nidentify the location of the area;\n(b) include a statement that kava may be sold for consumption\nwithin the licence area; and\n(c) specify the date the declaration takes effect.\n\nKava Management Act 1998 31\n","sortOrder":63},{"sectionNumber":"58A","sectionType":"section","heading":"Kava management plan required for each licence area","content":"58A Kava management plan required for each licence area\n(1) There is to be a kava management plan for each licence area.\n(2) The Director must not grant a retail licence in respect of a licence\narea unless a kava management plan has been prepared and\napproved under section 58C in respect of the licence area.\n","sortOrder":64},{"sectionNumber":"58B","sectionType":"section","heading":"Purpose, form and content of kava management plans","content":"58B Purpose, form and content of kava management plans\n(1) The purpose of a kava management plan is to set out:\n(a) the practices and procedures for or in relation to the\npossession, supply and consumption of kava in the licence\narea where it applies; and\n(b) measures relating to the minimisation of harm to residents and\nthe amenity of the community that results from the\npossession, supply and consumption of kava in the licence\n(2) A kava management plan:\n(a) is to be in writing;\n(b) may apply in one licence area only; and\n(c) is to specify the licence area where it applies.\n(3) The Regulations may:\n(a) prescribe the content and form of a kava management plan;\n(b) prescribe the manner in which a kava management plan is to\nbe prepared; and\n(c) provide for the publication of a kava management plan.\n","sortOrder":65},{"sectionNumber":"58C","sectionType":"section","heading":"Preparation and approval of kava management plan","content":"58C Preparation and approval of kava management plan\n(1) The person who applies or persons who apply under section 54(1)\nor (1A) to the Minister to declare an area or areas as a licence area\nmust prepare a kava management plan for the licence area.\n(2) A person who prepares or the persons who prepare a kava\nmanagement plan must do so in consultation with the Director, the\nCommissioner of Police and the Chief Health Officer and must, on\ncompleting it, give the kava management plan to the Director for\napproval.\n\nKava Management Act 1998 32\n(3) The Director must not approve a kava management plan unless\nsatisfied that the kava management plan:\n(a) appropriately provides for the matters specified in\nsection 58B(1)(a) and (b); and\n(b) complies with this Division and the Regulations; and\n(c) in the case of a kava management plan that will be applying in\na licence area that is, or part of which is, within a local\nincorporated association – is supported by the local\ngovernment council for the local government area or the\nincorporated association; and\n(d) was developed to the reasonable satisfaction of the\nCommissioner of Police and the Chief Health Officer.\n(3A) In addition, the Director must not approve a kava management plan\nunless the Director has consulted the residents of the licence area\nin which the kava management plan will apply about that kava\nmanagement plan.\n(3B) For subsection (3A), consultations with residents must be\nconducted in the same manner in which consultations were\nconducted with them under section 55 about the application to\ndeclare the licence area and section 55 applies (with the necessary\nchanges) accordingly.\n(4) A kava management plan has no effect unless it is approved by the\n","sortOrder":66},{"sectionNumber":"58D","sectionType":"section","heading":"Amendment or replacement of kava management plan","content":"58D Amendment or replacement of kava management plan\n(1) At least 10 residents of a licence area, or a council for a local\ngovernment area of which part is a licence area, may:\n(a) prepare an amendment to the kava management plan\napplying in the licence area; or\n(b) prepare a kava management plan to replace the kava\nmanagement plan applying in the licence area.\n(2) A person who prepares or the persons who prepare an amendment\nto a kava management plan or a replacement kava management\nplan must do so in consultation with the Director, the Commissioner\nof Police and the Chief Health Officer and must, on completing it,\ngive the amendment or replacement kava management plan to the\nDirector for approval.\n\nKava Management Act 1998 33\n(3) The Director must not approve an amendment to a kava\nmanagement plan or a replacement kava management plan unless\nsatisfied that:\n(a) the amended plan or the replacement plan appropriately\nprovides for the matters specified in section 58B(1)(a) and (b);\nand\n(b) the amended plan or the replacement plan complies with this\nDivision and the Regulations; and\n(c) in the case of an amended plan or a replacement plan that will\nbe applying in a licence area that is or part of is within a local\nincorporated association – the amended plan or the\nreplacement plan is supported by the local government council\nfor the local government area or the incorporated association;\nand\n(d) the amendment to the plan or the replacement plan was\ndeveloped to the reasonable satisfaction of the Commissioner\nof Police and the Chief Health Officer.\n(4) In addition, the Director must not approve an amendment to a kava\nmanagement plan or a replacement kava management plan unless\nthe Director has consulted the residents of the licence area in which\nthe amendment or replacement plan will apply about that\namendment or replacement plan.\n(4A) For subsection (4), consultations with residents must be conducted\nin the same manner in which consultations were conducted with\nthem under section 55 about the application to declare the licence\narea and section 55 applies (with the necessary changes)\naccordingly.\n(4B) However, the Director may approve an amendment to a kava\nmanagement plan without consulting the residents of the licence\narea as required by subsection (4) if the Director, the Commissioner\nof Police and the Chief Health Officer agree the amendment is\nminor in nature.\n(5) An amendment to a kava management plan or a replacement kava\nmanagement plan has no effect unless it is approved by the\n\nKava Management Act 1998 34\n","sortOrder":67},{"sectionNumber":"59","sectionType":"section","heading":"Licences","content":"59 Licences\n(1) The Director may issue a retail licence or a wholesale licence, in an\napproved form, to an individual or a body corporate to sell kava.\n(2) A retail licence is granted for the purpose of selling kava within a\nparticular licence area.\n(3) A wholesale licence is granted for the purpose of selling kava to a\nretail licensee or another wholesale licensee.\n(5) Nothing in this Act prevents:\n(a) a wholesale licensee applying for a retail licence; or\n(b) a retail licensee applying for a wholesale licence.\n","sortOrder":68},{"sectionNumber":"59A","sectionType":"section","heading":"Number of licences that may be granted under Act","content":"59A Number of licences that may be granted under Act\n(1) The Minister must, by notice in the Gazette, determine:\n(a) the maximum number of wholesale licences that the Director\nmay grant; and\n(b) the maximum number of retail licences that the Director may\ngrant in respect of a licence area.\n(2) The Minister must not make a determination under subsection (1)\nunless he or she has received and considered recommendations\nfrom the Director relating to the number of wholesale licences or\nretail licences (as the case requires) that the Director considers\nshould be granted.\n(3) The Director must not grant more than the number of licences\ndetermined under subsection (1).\n","sortOrder":69},{"sectionNumber":"60","sectionType":"section","heading":"Application for licence","content":"60 Application for licence\n(1) Subject to subsection (2) and (2A), an individual who has attained\nthe age of 18 years or a body corporate may apply to the Director\nfor the grant of a wholesale licence or a retail licence.\n(2) An application for a retail licence is to be made in respect of a\nlicence area (which the applicant must specify in the application).\n\nKava Management Act 1998 35\n(2A) A person may not make an application for a retail licence unless the\nperson ordinarily resides or carries on business in the licence area\nto which his or her application relates.\n(3) An application under subsection (1) is to be lodged in the approved\nform and accompanied by:\n(a) the written consents and signed authorities necessary for the\nDirector to investigate the suitability of the applicant to hold\nthe licence;\n(b) the prescribed information that the Director requires to support\nthe application; and\n(c) the prescribed fee.\n","sortOrder":70},{"sectionNumber":"61","sectionType":"section","heading":"Notice of application","content":"61 Notice of application\n(1) An applicant for a licence must, not less than 28 days after lodging\nan application under section 60, publish notice of making the\napplication:\n(a) in a newspaper or other publication nominated by the Director;\nor\n(b) in any other manner the Director considers suitable to\npublicise the making of the application.\n(2) Notice under subsection (1) is to be in an approved form and is to\nspecify:\n(a) the name and address of the applicant;\n(b) the type of licence applied for;\n(c) in the case of an application for a retail licence – the licence\narea where the applicant proposes to sell kava;\n(d) that objections to the granting of the licence may be made to\nthe Director before the expiration of 28 days after the date the\nnotice is first published in a newspaper; and\n(e) any other particulars required by the Director.\n(3) Where an applicant for a retail licence proposes to supply kava\nwithin or in the vicinity of a local government area or an area\ncontrolled or managed by an incorporated association, the Director\nmust give notice of the making of the application to the local\ngovernment council for that area or the incorporated association.\n\nKava Management Act 1998 36\n","sortOrder":71},{"sectionNumber":"62","sectionType":"section","heading":"Objections","content":"62 Objections\n(1) A person may object to the granting of a licence on any ground\nother than the ground that the grant of the licence may or will\nadversely affect the business carried on under another licence.\n(2) An objection is to be:\n(a) in writing and is to set out the grounds on which the objection\nis made and the facts relied on;\n(b) signed by the person making the objection; and\n(c) lodged with the Director not later than 28 days after the first\npublication of the notice in a newspaper under section 61.\n(3) If an objection is lodged, the Director must do the following:\n(a) inform the applicant of the objection and give the applicant an\nopportunity to comment in writing on the substance of the\nobjection;\n(b) conduct the investigations concerning the objection he or she\nthinks fit.\n","sortOrder":72},{"sectionNumber":"63","sectionType":"section","heading":"Matters to be determined regarding applicants","content":"63 Matters to be determined regarding applicants\n(1) Where an application for a licence is made, the Director must\ndetermine:\n(a) whether the applicant is a fit and proper person to hold the\nlicence;\n(aa) if there is more than one application for the same licence –\nwhether the applicant would be the most suitable person from\namongst the applicants to hold the licence; and\n(b) in the case of a retail licence – whether the grant of the licence\nis in accordance with the needs and opinions of the residents\nof the licence area to which the application relates.\n(2) In determining the matters referred to in subsection (1), the Director\nmay make the investigations he or she thinks fit including\ninvestigations to inform the Director of:\n(a) if the applicant is an individual – the character of the applicant;\n(b) if the applicant is a body corporate:\n(i) the membership of the body corporate;\n\nKava Management Act 1998 37\n(ii) the character of the officers, employees or agents of the\nbody corporate; and\n(iii) the management or proposed management of the body\ncorporate; and\n(c) the capacity of the applicant (including financial capacity) to\nconduct the business associated with the licence applied for.\n(3) Where the Director has given notice of the application to a local\ngovernment council or an incorporated association under\nsection 61(3), in determining the matters referred to in\nsubsection (1) the Director must have regard to any\nrecommendations made by the council or the association.\n(4) For the purpose of determining an application, the Director may\nobtain:\n(a) from the Commissioner of Police:\n(i) a written report of the criminal history (notwithstanding\nthat part of the criminal history is a spent conviction\nwithin the meaning of the Criminal Records (Spent\nConvictions) Act) 1992 in respect of an applicant or, if\nthe applicant is a body corporate, a person who is an\nofficer, employee or agent of the applicant; and\n(ii) any other evidence in relation to the character of the\napplicant, officer, employee or agent that may assist the\nDirector; and\n(b) information concerning the financial background of the\napplicant or, if the applicant is a body corporate, a person who\nis an officer, employee or agent of the applicant.\n(5) For the purposes of subsection (4)(a)(i), the criminal history of a\nperson is that which is:\n(a) in the Commissioner of Police's possession; or\n(b) ordinarily accessible to the Commissioner of Police through\narrangements with the police service of the Commonwealth or\na State or another Territory of the Commonwealth.\n","sortOrder":73},{"sectionNumber":"64","sectionType":"section","heading":"Consideration and decision of Director","content":"64 Consideration and decision of Director\n(1) The Director must determine an application for a licence as soon as\nreasonably possible after the application is lodged.\n\nKava Management Act 1998 38\n(2) In determining the application, the Director must consider the\nobjections, the comments on and investigations concerning the\nobjections, the prescribed matters (if any) and the investigations\nconducted regarding the application.\n(3) Having done so, the Director must decide to:\n(a) issue the licence subject to the conditions the Director\ndetermines to be necessary or desirable in the circumstances\nof the application; or\n(b) refuse to grant the licence.\n(4) After making the decision, the Director must give notice of the\ndecision and a statement of the reasons for the decision to each\n(5) If more than one application was made for the grant of the same\nlicence, the Director may refuse to grant a licence if satisfied that\nthe applicant would not be the most suitable person from amongst\nthe applicants to hold the licence.\n(6) If the Director refuses to grant a licence under this section, the\nDirector may refund the whole or any part of the prescribed fee paid\nunder section 60(3).\n","sortOrder":74},{"sectionNumber":"65","sectionType":"section","heading":"Duration and renewal of licence","content":"65 Duration and renewal of licence\n(1) Subject to subsection (1A), a licence remains in force for 12 months\nafter the date it is issued.\n(1A) If the holder of a licence has applied to renew the licence under\nsubsection (2) and, on the expiry of the licence in accordance with\nsubsection (1), the Director has not made a decision under\nsubsection (3) to renew or refuse to renew the licence, the licence\nremains in force until the Director makes the decision.\n(2) An application to renew a licence is to be:\n(a) lodged with the Director not later than 60 days before the date\nof the expiry of the licence; and\n(b) in the approved form and accompanied by:\n(i) the written consents and authorities necessary for the\nDirector to investigate whether or not to renew the\nlicence;\n(ii) the prescribed information the Director requires to\nsupport the application; and\n\nKava Management Act 1998 39\n(iii) the prescribed fee.\n(3) For the purposes of considering an application for renewal of a\nlicence, sections 63 and 64(1) and (2) apply with the necessary\nchanges and, after determining the application, the Director must\ndecide to:\n(a) renew the licence subject to the conditions that the Director\ndetermines are necessary or desirable in the circumstances of\nthe application; or\n(b) refuse to renew the licence.\n(3AA) After making the decision, the Director must give notice of the\ndecision and a statement of the reasons for the decision to each\n(3A) In addition to the other matters the Director must consider in\ndetermining an application for renewal of a licence, the Director\nmust consider the extent to which the applicant has implemented\nthe harm minimisation measures in the kava management plan\napproved for the licence area and the harm minimisation measures\nin the applicant's last application for grant or renewal of the licence.\n(6) Where the Director refuses to grant a licence under this section, the\nDirector may refund the whole or any part of the prescribed fee paid\nto the Director under subsection (2).\n","sortOrder":75},{"sectionNumber":"65A","sectionType":"section","heading":"Condition of licence that holder to comply with Act etc.","content":"65A Condition of licence that holder to comply with Act etc.\nIt is a condition of a licence issued or renewed under section 64\nor 65 that the holder of the licence must comply with this Act, the\nRegulations and the terms and conditions of the licence.\n","sortOrder":76},{"sectionNumber":"65B","sectionType":"section","heading":"Specification of conditions on licence","content":"65B Specification of conditions on licence\nThe conditions imposed on a licence under section 64 or 65 are to\nbe specified on the licence.\n","sortOrder":77},{"sectionNumber":"65C","sectionType":"section","heading":"Licensee to comply with conditions of licence","content":"65C Licensee to comply with conditions of licence\nA licensee must comply with the conditions of the licence.\n2 500 penalty units.\n\nKava Management Act 1998 40\n66 Licence not transferable\nA licence is not transferable.\nDivision 2 Variation of licences\n67 Director may vary conditions\nThe Director may:\n(a) on the Director's own motion if the Director considers it is\nnecessary or desirable to do so; or\n(b) on the application by a licensee in an approved form lodged\nwith the Director;\nby notice in writing served on the licensee, vary the conditions of a\n","sortOrder":78},{"sectionNumber":"68","sectionType":"section","heading":"When variation takes effect","content":"68 When variation takes effect\nA variation of the conditions of a licence takes effect on the later of\nthe following:\n(a) the date specified in the notice under section 67;\n(b) if the decision to vary the conditions was made by a delegate\nof the Director – the expiration of the period for applying for a\nreview of the decision.\n","sortOrder":79},{"sectionNumber":"71","sectionType":"section","heading":"Surrender of licence","content":"71 Surrender of licence\n(1) A licensee may surrender his or her licence by lodging it with the\n(2) The surrender of a licence does not have effect until it is accepted\nby the Director.\n(3) On the acceptance by the Director of the surrender of a licence, the\nperson whose licence is surrendered ceases to be a licensee but\nremains liable for:\n(a) an act or omission done, caused, permitted or made by him\nprior to the surrender; and\n(b) a liability incurred by him under this Act prior to the surrender.\n\nKava Management Act 1998 41\n","sortOrder":80},{"sectionNumber":"72","sectionType":"section","heading":"Acting licensee","content":"72 Acting licensee\n(1) If a licensee is, or is expected to be, unable for any reason to\nconduct the licensee's business under a licence, the Director may\nappoint a person who in the Director's opinion is a fit and proper\nperson to conduct the business of the licence to act in the place of\nthe licensee.\n(2) For the purpose of appointing a person to act under subsection (1):\n(a) the Director may make the investigations the Director thinks fit\nto determine the character of a proposed appointee and\nsection 63(2) and (4) applies with the necessary changes; and\n(b) notwithstanding sections 59(5) and 60(2):\n(i) a person appointed may be the holder of another\nlicence; and\n(ii) the usual place of residence or usual place of business\nof a person appointed to act in the place of a retail\nlicensee is not required to be within the licence area in\nrespect of which the licensee's licence was granted.\n(3) On appointing a person under subsection (1) the Director must re-\nissue the licence endorsed with the name of the person appointed\nas the person who conducts the business under the licence.\n(4) A person appointed under subsection (1) to act as a licensee has\nall the rights, authorities, powers, functions and obligations of the\nlicensee and for all purposes is to be taken to be the licensee while\nthe appointment is in force.\n(5) An appointment under subsection (1) continues in force until:\n(a) the expiration of the period that the licensee is unable to\nconduct the business under the licence;\n(b) the Director grants another licence in respect of the business\nconducted under the licence;\n(c) the licence is surrendered; or\n(d) the licence is cancelled,\nwhichever occurs first.\n\nKava Management Act 1998 42\n(6) A reference in subsection (1) to a reason for the inability of a\nlicensee to conduct the licensee's business under a licence is to be\nread as including a reference to:\n(a) a period of absence of the licensee;\n(b) the death of the licensee;\n(c) the bankruptcy, application to take the relief of a law for the\nrelief of bankrupt or insolvent debtors or making of an\nassignment of the licensee's property, interest or remuneration\nfor the benefit of the licensee's creditors; and\n(d) an illness or other mental or physical incapacity of the\nlicensee.\n","sortOrder":81},{"sectionNumber":"73","sectionType":"section","heading":"Making of complaint","content":"73 Making of complaint\n(1) A person may make a complaint to the Director regarding:\n(a) the conduct of a licensee; or\n(b) the possession, supply or consumption of kava in a licence\n(2) A complaint must be:\n(a) in writing and must set out the grounds on which the complaint\nis made and the facts relied on by the person to constitute the\ngrounds; and\n(b) signed by the person making it.\n(3) If a complaint is lodged with the Director, the Director must:\n(a) inform the licensee of the complaint and give the licensee\nsufficient opportunity to provide a written reply to the\ncomplaint; and\n(b) consider and investigate the substance of the complaint as the\nDirector thinks fit, taking into account any written reply of the\nlicensee under paragraph (a).\n\nKava Management Act 1998 43\n(4) After considering and investigating a complaint, the Director must:\n(a) determine that, in the opinion of the Director, the complaint is\nof a frivolous, irrelevant or malicious nature, and dismiss the\ncomplaint; or\n(b) determine that no further action is warranted; or\n(c) determine to give a direction under section 75 in response to\nthe complaint; or\n(d) determine to take action under section 77 in response to the\ncomplaint.\n(5) The Director must give notice of a determination under\nsubsection (4) to the person who made the complaint and the\nlicensee against whom the complaint was made.\n","sortOrder":82},{"sectionNumber":"75","sectionType":"section","heading":"Director may give directions","content":"75 Director may give directions\nWhere a licensee:\n(a) contravenes or fails to comply with a condition of his or her\nlicence; or\n(b) has contravened or failed to comply with this Act or another\nlaw in force in the Territory relating to the cultivation,\nmanufacture, production, supply or possession of kava,\nthe Director may, by notice in writing, direct the licensee to:\n(c) take, within the time specified in the notice, an action to rectify\nor minimise the effects of the licensee's contravention or\nfailure; or\n(d) refrain from taking an action in relation to the contravention or\nfailure.\n\nKava Management Act 1998 44\n","sortOrder":83},{"sectionNumber":"76","sectionType":"section","heading":"Suspension or variation in certain circumstances","content":"76 Suspension or variation in certain circumstances\n(1) The Director may, by notice in writing to a licensee, suspend,\nimpose a condition on or vary a condition of his or her licence\nwhere:\n(a) a complaint is made under section 73 and, in the opinion of\nthe Director, it is in the public interest to do so until the\ndetermination or dismissal of the complaint;\n(ab) the Director proposes to cancel the licence under\nsection 77(2) and, in the opinion of the Director, it is in the\npublic interest to do so until a decision on the cancellation is\nmade;\n(b) the Director has issued a direction to a licensee under\nsection 75 and is of the opinion that suspension of his or her\nlicence is in the interest of the public until compliance with the\ndirection;\n(c) a licensee has contravened or failed to comply with his or her\nlicence, this Act or the Regulations and in the opinion of the\nDirector the contravention or failure to comply is of sufficient\ngravity to justify the suspension or variation of the licence; or\n(d) subject to subsection (1A), there is an emergency situation\n(for example, a natural disaster, a medical emergency or\ncommunity unrest, or the licensee or another licensee is\nsupplying adulterated or contaminated kava) and, in the\nopinion of the Director, it is in the public interest to do so.\n(1A) The suspension of the licence or imposition or variation of a\ncondition under subsection (1)(d) is not to have effect for more than\n7 days after the licence is suspended or the condition imposed or\nvaried.\n(2) A notice under subsection (1) is to specify the reasons for the\nsuspension or variation.\n(3) The suspension or variation of a licence takes effect on:\n(a) the date on which the licensee receives the notice referred to\nin that subsection; or\n(b) if a later date is specified in the notice – that date.\n\nKava Management Act 1998 45\n(4) The Director may, if the Director considers suspension or variation\nof a licence is no longer justified, revoke the notice of suspension or\nvariation given under subsection (1).\n","sortOrder":84},{"sectionNumber":"77","sectionType":"section","heading":"Cancellation of licence","content":"77 Cancellation of licence\n(1) Each of the following is a ground for cancelling a licence:\n(a) the licensee is in the custody of the Commissioner of\nCorrectional Services;\n(b) the licensee has been found guilty of an offence against this\nAct or the Regulations;\n(c) the licensee has been found guilty of an offence relating to the\ncultivation, production, possession or supply of a drug;\n(d) the licensee has contravened a direction given under\nsection 75;\n(e) the licensee otherwise appears not to be a fit or proper person\nto hold a licence.\n(2) If the Director believes a ground for cancelling a licence exists, the\nDirector must give the licensee written notice:\n(a) stating that the Director proposes to cancel the licence; and\n(b) stating the ground for the proposed cancellation and the facts\nrelied on to constitute the ground; and\n(c) inviting the licensee to make a written submission in response\nto the proposed cancellation within a specified period not less\nthan 28 days after the notice is given.\n(3) After considering any written submission received from the licensee\nin response to the notice, the Director may decide to cancel the\nlicence by written notice to the licensee if satisfied:\n(a) on the balance of probabilities, that a ground for cancelling the\nlicence exists; and\n(b) that cancelling the licence is appropriate in relation to that\nground.\n\nKava Management Act 1998 46\n","sortOrder":85},{"sectionNumber":"78","sectionType":"section","heading":"Definitions","content":"78 Definitions\naffected person, for a reviewable decision, means a person to\nwhom any of the following applies:\n(a) for a decision that relates to disciplinary action relating to a\nlicence – the person is the licensee;\n(b) for a decision that was made in relation to an application – the\nperson is the applicant;\n(c) the person made a submission, complaint or objection\n(however described) during the process that resulted in the\ndecision being made.\ndelegate decision means a reviewable decision that is made by a\ndelegate of the Director.\nreviewable decision means a decision specified in Schedule 2.\n","sortOrder":86},{"sectionNumber":"79","sectionType":"section","heading":"Notice of delegate decision","content":"79 Notice of delegate decision\n(1) As soon as practicable after making a delegate decision, a delegate\nof the Director must give written notice of the decision to each\n(2) The notice must state the following:\n(a) the delegate decision and the reasons for it;\n(b) that the affected person may apply for a review of the decision\nunder section 80;\n(c) the period allowed for applying for a review.\n","sortOrder":87},{"sectionNumber":"80","sectionType":"section","heading":"Application for review","content":"80 Application for review\n(1) An affected person for a delegate decision may apply to the\nDirector for a review of the decision.\n(2) The application must be made:\n(a) within 28 days after written notice of the delegate decision is\ngiven to the affected person; or\n(b) by any later date allowed by the Director.\n\nKava Management Act 1998 47\n(3) The application must:\n(a) be in the approved form; and\n(b) be accompanied by the fee prescribed by regulation; and\n(c) state the grounds on which it is made and the facts relied on\nto establish the grounds.\n","sortOrder":88},{"sectionNumber":"81","sectionType":"section","heading":"Effect of application on delegate decision","content":"81 Effect of application on delegate decision\n(1) The making of the application does not stay the operation of the\ndelegate decision.\n(2) Despite subsection (1), the Director may stay the operation of the\ndelegate decision pending completion of the review.\n","sortOrder":89},{"sectionNumber":"82","sectionType":"section","heading":"Director to consider application","content":"82 Director to consider application\n(1) On receipt of the application, the Director must review the delegate\ndecision.\n(2) Despite subsection (1), if satisfied the application is frivolous or\nvexatious, the Director may reject the application without reviewing\nthe delegate decision.\n","sortOrder":90},{"sectionNumber":"82A","sectionType":"section","heading":"Conducting and deciding review","content":"82A Conducting and deciding review\n(1) In reviewing the delegate decision, the Director must:\n(a) take into account any matter that this Act requires the Director\nto take into account in reviewing the decision; and\n(b) follow the procedures for review determined by the Director;\nand\n(c) comply with the rules of natural justice.\n(2) After reviewing the delegate decision, the Director must:\n(a) affirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute a new decision.\n\nKava Management Act 1998 48\n","sortOrder":91},{"sectionNumber":"82B","sectionType":"section","heading":"Notice of decision on review","content":"82B Notice of decision on review\n(1) As soon as practicable after making a decision under section 82A,\nthe Director must give written notice of the decision to the following\npersons:\n(a) the applicant;\n(b) any other affected person.\n(2) The notice must state the following:\n(a) the Director's decision and the reasons for it;\n(b) details of any right the person has under this Act to apply for a\nreview of, or to appeal, the Director's decision.\n","sortOrder":92},{"sectionNumber":"82C","sectionType":"section","heading":"Application to NTCAT for review of Director's decision","content":"82C Application to NTCAT for review of Director's decision\n(1) Subject to subsection (2), an affected person for a reviewable\ndecision may apply to NTCAT for review of the decision.\n(2) An affected person may only apply to NTCAT once the person has\nexhausted any other available avenue of review under this Division.\nNote for section 82C\nA delegate decision must be reviewed by the Director under this Division before\nan application is made to NTCAT.\n","sortOrder":93},{"sectionNumber":"83","sectionType":"section","heading":"Duplicate licence","content":"83 Duplicate licence\nWhere the Director is satisfied that a licence has been destroyed,\nlost or stolen, the Director may, on the application of the licensee in\nthe approved form and on payment of the prescribed fee, issue a\nduplicate licence to the licensee.\n","sortOrder":94},{"sectionNumber":"83A","sectionType":"section","heading":"Approved forms","content":"83A Approved forms\nThe Director may approve forms for this Act.\n","sortOrder":95},{"sectionNumber":"84","sectionType":"section","heading":"Delivery, lodgement or issue of applications etc.","content":"84 Delivery, lodgement or issue of applications etc.\nA document that is required or permitted to be given, delivered,\nissued to or lodged with a person under this Act may be given,\ndelivered, issued or lodged by post, facsimile transmission or\nelectronic mail transmission.\n\nKava Management Act 1998 49\n","sortOrder":96},{"sectionNumber":"85","sectionType":"section","heading":"Authorisation for research purposes etc.","content":"85 Authorisation for research purposes etc.\n(1) The Chief Health Officer may in writing, and subject to the\nconditions he or she thinks fit, authorise a person to possess,\ncultivate, manufacture or produce kava for the purposes of medical\nor scientific research.\n(1A) The Director may, in writing, authorise a person to possess,\nconsume, cultivate, manufacture or produce kava for the purposes\nof medical research, forensic research, scientific research, study,\neducation or consumer testing.\n(2) An authorisation of a body corporate under subsection (1) or (1A) is\nto be taken to authorise each person who is directly involved in the\nresearch to which it relates to possess, cultivate or produce kava in\naccordance with, and subject to the conditions (if any) of, the\nauthorisation on behalf of the body corporate.\n(3) A person authorised under this section:\n(a) must comply with and not contravene an authorisation under\nthis section; and\n(b) if acting in accordance with the authorisation, does not commit\nan offence against this Act.\n(4) An authorisation under this section may authorise a person to\npossess kava that has been forfeited to the Territory under an order\nof a court under Part 5.\n","sortOrder":97},{"sectionNumber":"86","sectionType":"section","heading":"Undercover operations","content":"86 Undercover operations\n(1) A member of the Police Force of or above the rank of Commander\nmay, in writing, and subject to the conditions he or she thinks fit,\nauthorise another member of the Police Force or another person\nwho is not a member of the Police Force to:\n(a) acquire or supply kava; or\n(b) have kava in the member's or person's possession,\nfor the purpose of detecting the commission of an offence against\nthis Act.\n(2) Without limiting the generality of section 28, a member of the Police\nForce or other person authorised under subsection (1) may, in the\ncourse of acting in accordance with his or her authorisation,\nacquire, supply or possess kava for the purpose of detecting the\ncommission of an offence against this Act.\n\nKava Management Act 1998 50\n(3) A member of the Police Force or other person who acquires kava in\nthe course of acting in accordance with an authorisation under\nsubsection (1) must, as soon as reasonably possible after acquiring\nthe kava:\n(a) deliver it to another member of the Police Force; or\n(b) supply the kava in accordance with the authorisation.\n","sortOrder":98},{"sectionNumber":"87","sectionType":"section","heading":"Power of police","content":"87 Power of police\nThe powers conferred by this Act on a member of the Police Force,\nincluding the Commissioner of Police, are in addition to and not in\nderogation of any other power he or she may have under any other\nlaw in force in the Territory.\n","sortOrder":99},{"sectionNumber":"88","sectionType":"section","heading":"Acquisition to be on just terms","content":"88 Acquisition to be on just terms\nWhere the application of a provision of this Act or a regulation made\nunder this Act would, but for this section, result in an acquisition of\nproperty otherwise than on just terms, the person from whom the\nproperty is acquired is entitled to receive just compensation for the\nacquisition and a court of competent jurisdiction may determine the\namount of the compensation or make the order that, in its opinion,\nis necessary to ensure that the acquisition is on just terms.\n","sortOrder":100},{"sectionNumber":"89","sectionType":"section","heading":"Regulations","content":"89 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters that are:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay provide for:\n(a) the fees payable in relation to matters under this Act;\n(c) the information to be provided by a person making an\napplication under this Act in support of the application;\n(d) the size of the notice of an application published in a\nnewspaper under Part 8;\n(e) the criteria establishing eligibility for the grant of a licence;\n\nKava Management Act 1998 51\n(f) the conditions that may be imposed on a licence and the\nmatters to be taken into account by the Director in determining\nwhich of the conditions to impose on a licence;\n(g) the manner, form and content of records and documents to be\nkept and lodged by a licensee;\n(h) the keeping of registers relating to licences issued and\nlicensees;\n(j) the packaging of kava;\n(k) the regulation or control of the pricing of kava;\n(m) the prohibition, regulation or control of the advertising,\nmarketing and promotion of kava;\n(n) the prohibition or regulation of the production of kava and the\nsubstances that may be added to kava for supply and the\ncontrol of the quality of kava for supply;\n(p) the handling, storage and destruction of kava seized and\nremoved under this Act;\n(q) the sampling, analysis and examination of kava;\n(r) the erection of signs to indicate that an area is a licence area\nand the markings to appear on the signs;\n(s) the designation of an offence against a regulation as a\nregulatory offence; and\n(t) prescribing penalties not exceeding 100 penalty units or, in the\ncase of a body corporate, 500 penalty units for offences\nagainst the Regulations.\n(3) The Regulations may apply, adopt, incorporate or apply by\nreference, either wholly or in part or with or without modification, a\nstandard, code, specification or method, as in force at a particular\ntime or as in force from time to time, prescribed or published by an\nauthority or body, whether or not a Territory authority or body.\n(4) A code, standard or specification applied, adopted or incorporated\nunder this section may require anything referred to in the code,\nstandard or specification to be in accordance with another code,\nstandard or specification the code, standard or specification refers\nto.\n\nKava Management Act 1998 52\n(5) The Minister:\n(a) must cause a copy of each code, standard and specification\nadopted, incorporated or applied under subsection (3), and\neach code, standard and specification referred to in the first-\nmentioned code, standard or specification, to be made\navailable for inspection by members of the public at the office\nof the Director, without charge, during normal office hours; and\n(b) may cause copies of each code, standard, and specification\nadopted, incorporated or applied under subsection (3), and\neach code, standard and specification referred to the first-\nmentioned code, standard or specification (or a part of the\ncode, standard or specification referred to), to be available for\npurchase by members of the public on payment of the charge\nthe Director requires.\nPart 12 Transitional matters for Licensing (Director-\nGeneral) Act 2014\n90 Definitions\n2014 Acts means the Licensing (Director-General) Act 2014 and\n2014 Amending Act.\n2014 Amending Act means the Licensing (Repeals and\nConsequential Amendments) Act 2014.\ncommencement means the commencement of section 22 of the\nLicensing (Director-General) Act 2014.\nCommission means the Commission as defined in section 3 of the\nNTLC Act.\nNTLC Act means the Northern Territory Licensing Commission Act\nas in force immediately before the commencement.\nNTLC Director means the Director as defined in section 3 of the\nNTLC Act.\nold legislation means the NTLC Act and this Act, as in force\nimmediately before the commencement.\n\nKava Management Act 1998 53\n","sortOrder":101},{"sectionNumber":"91","sectionType":"section","heading":"Application to Commission – not yet considered","content":"91 Application to Commission – not yet considered\n(a) an application had been made under this Act for a decision to\nbe made by the Commission; but\n(b) the Commission had not commenced active consideration of\nthe application.\n(2) The application:\n(a) is taken to be an application made on the commencement for\nthe decision to be made by the Director-General; and\n(b) must be dealt with and determined in accordance with this Act\nas amended by the 2014 Amending Act.\nNote for section 91\nThe Director-General's decision on the application will be a decision made after\nthe commencement and may therefore be a reviewable decision or a decision to\nwhich Part 3 of the Licensing (Director-General) Act 2014 applies.\n","sortOrder":102},{"sectionNumber":"92","sectionType":"section","heading":"Application to Commission – under active consideration","content":"92 Application to Commission – under active consideration\n(a) an application had been made under this Act for a decision to\nbe made by the Commission and the Commission had\ncommenced active consideration of the application; but\n(b) the Commission had not made a decision.\n(2) The Commission must deal with and determine the application in\naccordance with the old legislation as if the 2014 Acts had not\ncommenced.\n(3) However, the Commission's decision is then taken to have been\nmade by the Director-General.\nNote for section 92(3)\nAs the decision will be made after the commencement and will be taken to be a\ndecision of the Director-General, it may be a reviewable decision.\n","sortOrder":103},{"sectionNumber":"93","sectionType":"section","heading":"Active consideration","content":"93 Active consideration\nRegulations may make provision for determining when active\nconsideration of an application commences for this Division.\n\nKava Management Act 1998 54\n","sortOrder":104},{"sectionNumber":"Div 3","sectionType":"division","heading":"Review of decisions","content":"Division 3 Review of decisions\n","sortOrder":105},{"sectionNumber":"94","sectionType":"section","heading":"New review regime applies to post-commencement decisions","content":"94 New review regime applies to post-commencement decisions\nPart 10, as amended by the 2014 Amending Act, applies only in\nrelation to decisions made after the commencement.\n","sortOrder":106},{"sectionNumber":"95","sectionType":"section","heading":"New complaints regime applies to post-commencement","content":"95 New complaints regime applies to post-commencement\ncomplaints\nSubject to section 96, Part 9, Division 1 as amended by the\n","sortOrder":107},{"sectionNumber":"2014","sectionType":"section","heading":"Amending Act applies only in relation to complaints made","content":"2014 Amending Act applies only in relation to complaints made\nafter the commencement.\n","sortOrder":108},{"sectionNumber":"96","sectionType":"section","heading":"Complaint made before commencement – pending action","content":"96 Complaint made before commencement – pending action\n(a) a complaint had been made under section 73, as then in force;\nbut\n(b) the NTLC Director had not taken action under section 73(3)(c),\nas then in force, in relation to the complaint.\n(2) The complaint:\n(a) is taken to have been made to the Director-General on the\n(b) must be dealt with and determined in accordance with this Act\nas amended by the 2014 Amending Act.\nNote for section 96\nThe Director-General's decision on the complaint will be a decision made after\nthe commencement and may therefore be a reviewable decision or a decision to\nwhich Part 3 of the Licensing (Director-General) Act 2014 applies.\n","sortOrder":109},{"sectionNumber":"97","sectionType":"section","heading":"Complaint made before commencement – complaint being","content":"97 Complaint made before commencement – complaint being\ndealt with\n(a) the NTLC Director had forwarded a complaint to the\nCommission under section 73(3)(c), as then in force; but\n(b) the Commission had not made a determination about the\ncomplaint under section 74, as then in force.\n\nKava Management Act 1998 55\n(2) The Commission and NTLC Director must deal with and determine\nthe complaint in accordance with the old legislation as if the\n2014 Acts had not commenced.\n(3) If the Commission determines a complaint as mentioned in\nsubsection (2):\n(a) the determination has effect as if it had been made before the\n(b) Part 10, as amended by the 2014 Amending Act, does not\napply in relation to the determination.\n","sortOrder":110},{"sectionNumber":"98","sectionType":"section","heading":"Application for cancellation made before commencement","content":"98 Application for cancellation made before commencement\n(a) the NTLC Director had made an application to the\nCommission under section 77, as then in force; but\n(b) the Commission had not determined the application.\n(2) The Commission must deal with and determine the application in\naccordance with the old legislation as if the 2014 Acts had not\ncommenced.\n(3) If the Commission determines an application as mentioned in\nsubsection (2):\n(a) the determination has effect as if it had been made before the\n(b) Part 10, as amended by the 2014 Amending Act, does not\napply in relation to the determination.\n","sortOrder":111},{"sectionNumber":"99","sectionType":"section","heading":"Continuation of ongoing documents and things","content":"99 Continuation of ongoing documents and things\n(1) This section applies if:\n(a) before the commencement, a power or function was conferred\nby this Act on an NTLC entity; and\n(b) on the commencement, the power or function (or a\nsubstantially similar power or function) is conferred on the\n\nKava Management Act 1998 56\n(2) On the commencement, an ongoing document continues with the\nsame force and effect as if it had been issued by, or given to, the\n(3) On the commencement, an ongoing thing continues with the same\nforce and effect as if it had been done by, or in relation to, the\n(4) This section applies subject to the other provisions of this Part and\nPart 5, Division 2 of the Licensing (Director-General) Act 2014.\n(5) In this section, a reference to something done before the\ncommencement includes a reference to something done after the\ncommencement in accordance with this Part as if it had been done\nbefore the commencement.\n(6) In this section:\nNTLC entity means the Commission, the NTLC Director or the\nChairperson (as defined in section 3 of the NTLC Act).\nongoing document means a document that:\n(a) was issued by, or given to, the NTLC entity before the\ncommencement in or for the exercise of the power or\nperformance of the function; and\n(b) immediately before the commencement, had ongoing effect.\nongoing thing means a thing that:\n(a) was done by, or in relation to, the NTLC entity before the\ncommencement in or for the exercise of the power or\nperformance of the function; and\n(b) immediately before the commencement, had ongoing effect.\n\nPart 14 Transitional matters for Licensing (Director) Repeal Act 2020\nKava Management Act 1998 57\nPart 13 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n100 Offences – before and after commencement\n(1) Section 26, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate after the\ncommencement of Part 2, Division 18 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 26, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n","sortOrder":112},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional matters for Licensing (Director)","content":"Part 14 Transitional matters for Licensing (Director)\nRepeal Act 2020\n","sortOrder":113},{"sectionNumber":"101","sectionType":"section","heading":"Definitions","content":"101 Definitions\ncommencement means the commencement of section 3 of the\nLicensing (Director) Repeal Act 2020.\nDirector means the Director of Licensing appointed under the\nrepealed Act before its repeal.\nrepealed Act means the Licensing (Director) Act 2014.\n","sortOrder":114},{"sectionNumber":"102","sectionType":"section","heading":"Applications to be decided by Director","content":"102 Applications to be decided by Director\nIf an application is made to the Director for a decision to be made\nunder this Act but the decision is not made before the\ncommencement, the application must be decided by the Director as\nif it was made to the Director.\n\nPart 14 Transitional matters for Licensing (Director) Repeal Act 2020\nKava Management Act 1998 58\n","sortOrder":115},{"sectionNumber":"103","sectionType":"section","heading":"Director to complete delegate decision reviews","content":"103 Director to complete delegate decision reviews\nIf an application is made to the Director for a review under Part 3 of\nthe repealed Act of a delegate decision made under this Act, but\nthe review is not completed before the commencement, the review\nmust be conducted by the Director as if the application was made to\nthe Director.\n","sortOrder":116},{"sectionNumber":"104","sectionType":"section","heading":"Continuation of instruments, appointments, documents etc.","content":"104 Continuation of instruments, appointments, documents etc.\n(1) A statutory instrument or other instrument, an appointment, an\napproved form or any other document made or issued by the\nDirector under this Act or the repealed Act before the\ncommencement continues in force and is taken after the\ncommencement to have been made or issued by the Director.\n(2) Without limiting subsection (1), a delegation by the Director under\nthis Act or the repealed Act in force immediately before the\ncommencement is taken after the commencement to be a\ndelegation by the Director and continues in force until amended or\nrevoked under this Act.\n\n","sortOrder":117},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Areas of land that may not be declared to be licensed areas","content":"Schedule 1 Areas of land that may not be declared to be licensed areas\nKava Management Act 1998 59\nSchedule 1 Areas of land that may not be declared to be\nlicensed areas\nsection 53\nPART A\nArea at Jabiru\nThe area comprising the town of Jabiru, constituted and defined by\nProclamation made under section 111 of the Crown Lands Act 1992,\ndescribed in the Schedule to the instrument made under that section on 27\nApril 1982 and published in Gazette No. G18 dated 7 May 1982 at page 7.\nPART B\nArea at Nhulunbuy\nAll those parcels of land at Nhulunbuy in the Northern Territory of Australia\ncontaining a total area of 679.83 hectares more or less, being Northern\nTerritory Portions 1192 and 1316 (which include the town centre, the main\nresidential areas and the main industrial area) and being more particularly\ndelineated on Survey Plans A708 and A952 lodged with the Surveyor\nGeneral, Darwin.\n\nKava Management Act 1998 60\nsection 78\nSection Decision\n64 Decision to issue, or refuse to grant, licence\n65 Decision to renew, or refuse to renew, licence\n67 Decision to vary conditions of licence\n76 Decision to suspend, impose condition on or vary condition of\nlicence\n77 Decision to cancel licence\n\nKava Management Act 1998 61\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nKava Management Act 1998 (Act No. 33, 1998)\nAssent date 11 May 1998\nCommenced 21 May 1998 (Gaz S17, 21 May 1998)\nKava Management Amendment Act 1999 (Act No. 53, 1999)\nAssent date 4 December 1999\nCommenced 4 December 1999\nKava Management Amendment Act (No. 2) 1999 (Act No. 66, 1999)\nAssent date 17 December 1999\nCommenced 14 February 2000 (s 2, s 2 Northern Territory Licensing\nCommission Act 1999 (Act No. 67, 1999) and Gaz G5,\n9 February 2000, p 6)\nKava Management Amendment Act 2000 (Act No. 66, 2000)\nAssent date 14 December 2000\nCommenced 19 February 2001 (Gaz S3, 13 January 2001)\nStatute Law Revision Act 2001 (Act No. 3, 2001)\nAssent date 22 March 2001\nCommenced 22 March 2001\nKava Management Amendment Act 2003 (Act No. 15, 2003)\nAssent date 29 May 2003\nCommenced 12 November 2003 (Gaz G45, 12 November 2003, p 3)\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 5 May 2004 (s 2(1), s 2 Associations Act 2003 (Act No. 56,\n2003) and Gaz G18, 5 May 2004, p 2)\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\n\nKava Management Act 1998 62\nPolice Administration Amendment Act 2007 (Act No. 29, 2007)\nAssent date 12 December 2007\nCommenced pt 1 and ss 3 and 15: 1 December 1996 (s 2);\npt 4: nc (rep s 9, Act No. 12, 2009: 24 June 2009);\nrem: 19 December 2007 (Gaz G51, 19 December 2007, p 6)\nAmending Legislation\nJustice and Other Legislation Amendment Act 2009 (Act No. 12, 2009)\nAssent date 26 May 2009\nCommenced 24 June 2009 (Gaz G25, 24 June 2009, p 2)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nLocal Government Amendment Act 2013 (Act No. 28, 2013)\nAssent date 8 November 2013\nCommenced 8 November 2013\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nLicensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)\nAssent date 5 December 2014\nCommenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)\nLocal Government Legislation Amendment Act 2015 (Act No. 8, 2015)\nAssent date 23 April 2015\nCommenced pt 4, div 3: 17 February 2016 (Gaz G7, 17 February 2016,\np 2); rem: 23 April 2015 (s 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n\nKava Management Act 1998 63\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nLicensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)\nAssent date 9 March 2020\nCommenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 6 Kava Management Amendment Act (No. 2) 1999 (Act No. 66, 1999)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 29, 49, 53, 63, 68, 78,\n79, 80, 81, 91, 96 and 99 and Sch 1.\n5 LIST OF AMENDMENTS\nlt amd No. 66, 2000, s 4\ns 2A ins No. 15, 2003, s 4\ns 3 amd No. 53, 1999, s 3; No. 66, 1999, s 4; No. 66, 2000, s 5; No. 18, 2004,\ns 3; No. 28, 2008, s 12; No. 7, 2011, s 140; No. 19, 2014, s 26; No. 44, 2014,\ns 31; No. 29, 2019, s 374; No. 33, 2019, s 49; No. 4, 2020, s 28; No. 26,\n2020, s 3\ns 6 amd No. 66, 1999, s 5\nrep No. 44, 2014, s 32\n\nKava Management Act 1998 64\ns 7 amd No. 66, 1999, s 5\nsub No. 44, 2014, s 32\namd No. 4, 2020, s 29\ns 8 amd No. 44, 2014, s 42; No. 4, 2020, s 30\npt 1A hdg ins No. 4, 2020, s 31\nss 8A – 8D ins No. 4, 2020, s 31\ns 9 amd No. 66, 2000, s 18; No. 12, 2010, s 3\ns 11 amd No. 66, 1999, s 5; No. 44, 2014, s 42; No. 4, 2020, s 36\ns 12 amd No. 66, 2000, s 18; No. 12, 2010, s 3\ns 12A ins No. 66, 2000, s 6\namd No. 12, 2010, s 3\ns 13 amd No. 66, 2000, s 18; No. 12, 2010, s 3\ns 14 amd No. 12, 2010, s 3\ns 15 amd No. 66, 2000, s 18; No. 15, 2003, s 5; No. 12, 2010, s 3\ns 16 amd No. 66, 2000, s 18; No. 12, 2010, s 3\ns 17 amd No. 66, 2000, ss 7 and 18; No. 12, 2010, s 3\nss 18 – 22 amd No. 66, 2000, s 18; No. 12, 2010, s 3\ns 26 sub No. 26, 2015, s 61\ns 27 amd No. 53, 1999, s 4\ns 28 amd No. 66, 1999, s 5; No. 44, 2014, s 42; No. 4, 2020, s 36\npt 2A hdg ins No. 15, 2003, s 6\nss 28A – 28B ins No. 15, 2003, s 6\ns 29 amd No. 29, 2019, s 375\ns 30 amd No. 66, 2000, s 18; No. 12, 2010, s 3; No. 44, 2014, s 42\ns 31 amd No. 44, 2014, s 42; No. 4, 2020, s 36\ns 32 amd No. 29, 2007, s 41\ns 35 amd No. 8, 2016, s 45\ns 37 amd No. 66, 1999, s 5; No. 44, 2014, s 42; No. 8, 2016, s 45; No. 4, 2020,\ns 36\nss 38 – 41 amd No. 8, 2016, s 45\ns 43 amd No. 15, 2003, s 7; No. 8, 2016, s 45\ns 45 amd No. 66, 1999, s 5\nrep No. 15, 2003, s 8\npt 6\ndiv 1 hdg amd No. 66, 1999, s 5; No. 44, 2014, s 42\nsub No. 4, 2020, s 32\ns 46 amd No. 66, 1999, s 5; No. 44, 2014, s 42; No. 4, 2020, s 36\ns 47 amd No. 66, 1999, s 5; No. 54, 2004, s 7; No. 44, 2014, s 42; No. 4, 2020,\ns 36\ns 49 amd No. 66, 1999, s 5; No. 44, 2014, s 42; No. 8, 2016, s 45; No. 4, 2020,\ns 36\nss 50 – 52 amd No. 66, 1999, s 5; No. 44, 2014, s 42; No. 4, 2020, s 36\npt 7\ndiv 1 hdg ins No. 66, 2000, s 8\ns 53 amd No. 66, 2000, s 9; No. 28, 2008, s 13; No. 28, 2013, s 61; No. 19, 2014,\ns 26; No. 44, 2014, s 42; No. 39, 2019, s 370\npt 7\ndiv 2 hdg ins No. 66, 2000, s 10\ns 54 amd No. 66, 2000, s 11; No. 15, 2003, s 9; No. 28, 2008, s 14; No. 28, 2013,\ns 61; No. 19, 2014, s 26; No. 39, 2019, s 370\ns 55 amd No. 66, 2000, s 12; No. 15, 2003, s 10\ns 56 amd No. 15, 2003, s 11\ns 57 amd No. 66, 2000, s 13; No. 15, 2003, s 12; No. 19, 2014, s 26\ns 58 amd No. 15, 2003, s 13\npt 7\ndiv 3 hdg ins No. 66, 2000, s 14\n\nKava Management Act 1998 65\ns 58A ins No. 66, 2000, s 14\ns 58B ins No. 66, 2000, s 14\ns 58C ins No. 66, 2000, s 14\namd No. 15, 2003, s 14; No. 19, 2014, s 26; No. 44, 2014, s 42; No. 8, 2015,\ns 82; No. 4, 2020, s 36\ns 58D ins No. 66, 2000, s 14\namd No. 15, 2003, s 15; No. 28, 2008, s 15; No. 28, 2013, s 61; No. 19,\n2014, s 26; No. 44, 2014, s 42; No. 4, 2020, s 36; No. 39, 2019, s 370\ns 59 amd No. 66, 2000, s 15; No. 15, 2003, s 16; No. 44, 2014, s 42; No. 4, 2020,\ns 36\ns 59A ins No. 15, 2003, s 17\ns 60 amd No. 66, 1999, s 5; No. 15, 2003, s 18; No. 44, 2014, s 42; No. 4, 2020,\ns 36\ns 61 amd No. 66, 1999, s 5; No. 15, 2003, s 19; No. 19, 2014, s 26; No. 44, 2014,\ns 42; No. 4, 2020, s 36\ns 62 amd No. 66, 1999, s 5; No. 15, 2003, s 20; No. 44, 2014, s 42; No. 4, 2020,\ns 36\ns 63 amd No. 66, 1999, s 5; No. 3, 2001, s 8; No. 15, 2003, s 21; No. 44, 2014,\ns 42; No. 4, 2020, s 36\ns 64 amd No. 66, 1999, s 5; No. 3, 2001, s 8; No. 15, 2003, s 22\nsub No. 44, 2014, s 33\ns 65 amd No. 66, 1999, s 5; No. 15, 2003, s 23; No. 44, 2014, s 34; No. 4, 2020,\ns 36\ns 65A ins No. 66, 2000, s 16\ns 65B ins No. 15, 2003, s 24\ns 65C ins No. 15, 2003, s 24\namd No. 12, 2010, s 3\ns 67 amd No. 66, 1999, s 5; No. 44, 2014, s 42; No. 4, 2020, s 36; No. 26, 2020,\ns 3\ns 68 amd No. 66, 1999, s 5\nsub No. 44, 2014, s 35\nss 69 – 70 rep No. 44, 2014, s 35\ns 71 amd No. 66, 1999, s 5; No. 44, 2014, s 42; No. 4, 2020, s 36\ns 72 amd No. 44, 2014, s 42; No. 4, 2020, s 36\ns 73 amd No. 66, 1999, s 5; No. 66, 2000, s 17\nsub No. 44, 2014, s 36\ns 74 amd No. 66, 1999, s 5\nrep No. 44, 2014, s 36\ns 75 amd No. 44, 2014, s 42; No. 4, 2020, s 36\ns 76 amd No. 15, 2003, s 25; No. 44, 2014, s 37; No. 4, 2020, s 36\ns 77 amd No. 66, 1999, s 5; No. 27, 2014, s 57\nsub No. 44, 2014, s 38\npt 10 hdg ins No. 44, 2014, s 38\ns 78 sub No. 44, 2014, s 38; No. 4, 2020, s 33\npt 9\ndiv 4 hdg rep No. 44, 2014, s 38\ns 79 sub No. 44, 2014, s 38; No. 4, 2020, s 33\npt 10 hdg rep No. 44, 2014, s 38\ns 80 sub No. 44, 2014, s 38; No. 4, 2020, s 33\ns 81 amd No. 66, 1999, s 5\nsub No. 44, 2014, s 38; No. 4, 2020, s 33\n\nKava Management Act 1998 66\ns 82 rep No. 44, 2014, s 38\nins No. 4, 2020, s 33\nss 82A – 82C ins No. 4, 2020, s 33\ns 83 amd No. 44, 2014, s 42; No. 4, 2020, s 36\ns 83A ins No. 44, 2014, s 39\ns 84 amd No. 15, 2003, s 26\ns 85 amd No. 15, 2003, s 27; No. 44, 2014, s 42; No. 8, 2016, s 45; No. 4, 2020,\ns 36\ns 89 amd No. 66, 2000, s 18; No. 15, 2003, s 28; No. 44, 2014, s 42; No. 4, 2020,\ns 36\npt 12 hdg ins No. 44, 2014, s 40\ndiv 1 hdg ins No. 44, 2014, s 40\ns 90 ins No. 44, 2014, s 40\ndiv 2 hdg ins No. 44, 2014, s 40\nss 91 – 93 ins No. 44, 2014, s 40\ndiv 3 hdg ins No. 44, 2014, s 40\ns 94 ins No. 44, 2014, s 40\ndiv 4 hdg ins No. 44, 2014, s 40\nss 95 – 98 ins No. 44, 2014, s 40\ndiv 5 hdg ins No. 44, 2014, s 40\ns 99 ins No. 44, 2014, s 40\npt 13 hdg ins No. 26, 2015, s 62\ns 100 ins No. 26, 2015, s 62\npt 14 hdg ins No. 4, 2020, s 34\nss 101 – 104 ins No. 4, 2020, s 34\nsch 1 amd No. 44, 2014, s 42\nsch 2 ins No. 44, 2014, s 41\namd No. 4, 2020, s 35","sortOrder":118}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded since enactment through subsequent insertions and amendments. Notable additions include statutory objects (s2A) and price controls (Part 2A: ss28A–28B) inserted 2003, the kava management plan framework (ss58A–58D) inserted 2000, a formal Director role and administrative provisions (ss8A–8D) inserted 2020, and executive officer liability rules (s26) amended 2015 (see Endnotes: entries showing 'ins' and amendment sources). These changes broadened the instrument from prohibitory rules to active market control, local planning and a larger administrative enforcement apparatus."},"complexity_factors":["Comprehensive offence and penalty regime with criminal and regulatory offences and heavy maximum penalties (ss9–16,15)","Dual licensing streams (wholesale and retail) with detailed application, objection and renewal procedures (ss59–65,60–64)","Director with broad discretionary powers over licences, conditions, variations, suspension and cancellation (ss7,64,67,76,77)","Directoral price‑setting power and mandatory factors to consider (Part 2A: ss28A–28B)","Local licence areas and mandatory community consultation plus requirement for kava management plans (ss54–58,58A–58D)","Extensive enforcement powers for authorised officers including warrantless entry, search, seizure and detention (s32)","Property and evidentiary regimes for seizure, retention, forfeiture and destruction of kava including pre‑trial orders (Part 5; ss35–44; ss46–52)","Compliance and reporting burdens on licensees (records, returns, packaging, pricing) and regulatory offences for breaches (ss15,18–19)","Corporate liability and executive officer exposure with statutory defences and listed considerations (s26)","Multiple transitional and amendment provisions that interact with other Acts and administrative roles (Parts 12–14; Endnotes listing insertions/amendments)"],"plain_english_summary":"This Act creates a licensing and enforcement regime that controls cultivation, manufacture, possession, supply and pricing of kava in declared licence areas in the Northern Territory, and authorises seizure, forfeiture and destruction of kava. Its stated objects are to regulate supply and possession, implement harm‑minimisation and involve communities (s2A). Mechanically, licensees bear compliance costs (licences, records, packaging), offenders face criminal or regulatory penalties (ss9,12–16,15), and the Director decides licence conditions, prices and approval of local kava management plans (ss28A,58C,64)."},"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"},"kimi_summary":{"_metrics":{"completionTokens":826},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1998 form. The current version incorporates three major structural changes: (1) transfer of functions from the Northern Territory Licensing Commission to a Director of Kava Management (2014), (2) insertion of executive officer liability provisions (2015), and (3) repeal of the Licensing (Director) Act 2014 and return to a Director model (2020). The original Act has also grown to include detailed kava management plans (added 2000), price control mechanisms (added 2003), and extensive transitional machinery. The scope now encompasses not just prohibition and licensing but community-driven regulation, price fixing, and sophisticated administrative review — well beyond the original regulatory framework."},"complexity_factors":["Multiple overlapping quantity thresholds creating tiered offences (personal/trafficable/commercial quantities)","Extensive cross-referencing between Parts — licence areas, management plans, and licensing are interdependent","Nested conditional logic in licensing decisions (fit and proper person tests, community consultation requirements, police and health approvals)","Multiple transitional provisions from three separate amending Acts (2014, 2015, 2020) creating parallel decision-making pathways","Detailed procedural requirements for licence area declarations including public meetings, Gazette notices, and council consultations","Delegated decision-making with internal review (Director) and external review (NTCAT) creating multi-layered administrative law structure","Broad evidentiary presumptions reversing normal burdens of proof (possession inferred from premises control, analyst certificates conclusive)","Complex forfeiture and destruction regime with pre-trial court orders and retention considerations"],"plain_english_summary":"This Northern Territory law creates a strict licensing and regulatory system for **kava** — a plant-based drink with sedative effects traditionally used in Pacific Island cultures.\n\n**What the law does:**\n\n- **Bans most kava activity** unless you have a licence. You cannot cultivate, manufacture, supply, or possess more than small personal amounts without approval.\n\n- **Creates two types of licences:**\n  - **Wholesale licences** — to sell kava to other licensed sellers\n  - **Retail licences** — to sell kava to consumers in designated \"licence areas\"\n\n- **Establishes \"licence areas\"** — specific geographic zones (usually remote communities) where residents can apply to allow legal kava sales. These areas need a **kava management plan** approved by the Director, developed with community input and supported by police and health officials.\n\n- **Sets government-controlled prices** — the Director determines wholesale and retail prices, considering local conditions, licensee viability, and harm minimisation.\n\n- **Imposes strict rules on licensees:**\n  - Must buy from other licensees (retailers from wholesalers only)\n  - Must keep detailed records and lodge returns\n  - Cannot sell to people under 18 or to intoxicated persons\n  - Must package and price kava as directed\n\n- **Creates enforcement powers:** Authorised officers (police and appointed inspectors) can enter premises, search vehicles, seize kava, and demand information without a warrant if they have reasonable grounds to suspect offences.\n\n- **Penalties are severe:** Up to 14 years imprisonment for supplying kava to children, and 8 years for commercial-scale offences. Corporate officers can be personally liable for company offences.\n\n**Who it affects:**\n- Communities seeking to manage kava use (particularly in remote areas)\n- Anyone wanting to sell kava commercially\n- Consumers — adults can possess small amounts (under 2kg) for personal use, but larger amounts require licences\n\n**Why it matters:**\nThe law recognises kava can cause health and social harms (including community dysfunction and financial hardship) while acknowledging its cultural significance. It attempts to balance prohibition with controlled legal access through a heavily regulated licensing system that prioritises community involvement and harm reduction."}},"importantCases":[],"_links":{"self":"/api/acts/kava-management-act-1998","history":"/api/acts/kava-management-act-1998/history","analysis":"/api/acts/kava-management-act-1998/analysis","conflicts":"/api/acts/kava-management-act-1998/conflicts","importantCases":"/api/acts/kava-management-act-1998/important-cases","documents":"/api/acts/kava-management-act-1998/documents"}}