28Possession by authorised officer

28 Possession by authorised officer (1) Notwithstanding this Act, the possession of kava by an authorised officer is not an offence if the kava: (a) was seized or obtained in the performance of his or her functions and the exercise of his or her powers under this Act or any other law in force in the Territory;

Kava Management Act 1998 17 (b) is in the authorised officer's possession pending the institution and hearing of proceedings for an offence against this Act or any other law in force in the Territory; or (c) is in the authorised officer's possession for a purpose associated with the administration of this Act. (2) Kava is to be taken to be in the possession of an authorised officer for a purpose associated with the administration of this Act if it is held by the authorised officer for: (a) analysis or examination for the purpose of prosecuting an offence against this Act or any other law in force in the Territory; (b) for the purpose of giving evidence in those proceedings; (c) delivery to a police station or the Director; or (d) the destruction or disposal of the kava. (3) Where proceedings for an offence against this Act have commenced: (a) an authorised officer who has obtained kava is not, by reason only of that circumstance, to be taken to be a party to or guilty of an offence against this Act; and (b) any evidence given in the proceedings by the authorised officer is not, in the absence of evidence to the contrary, to be taken to be the evidence of an accomplice.