38Determination of Court for destruction on first mention of

38 Determination of Court for destruction on first mention of charge (1) Subject to this section, where a person is charged with an offence that relates to kava that has not been ordered to be forfeited and destroyed under section 37, on the first occasion on which the charge is mentioned before the Court, the Court may make an order that the kava is to be retained or that the kava is forfeited to the Territory and is to be destroyed. (2) Where the accused is legally represented and no party objects to the destruction of the kava, the Court must make an order that the kava is forfeited to the Territory and is to be destroyed.

Kava Management Act 1998 23 (3) Where the accused is not present before the Court, the accused is present but is not legally represented or a party objects to the destruction of the kava, the Court may make an order that: (a) the kava is forfeited to the Territory and is to be destroyed; or (b) if there is a requirement to retain the kava or the Court is satisfied that it is in the interests of justice or that there is some other sufficient reason for doing so, the kava is to be retained.