44Matters for consideration on determination for retention of

44 Matters for consideration on determination for retention of kava In determining whether to make an order that kava is to be retained or is to be forfeited and destroyed, a court must consider: (a) the amount of kava seized; (b) whether the kava can reasonably be securely retained; (c) the period of retention; (d) the purpose of retention; (e) the amount of kava required for the purpose of sampling and analysis; (f) a report, if any, of an analyst relating to the kava; (g) whether the arrest of a person in relation to the kava is imminent; (h) the number of persons charged with offences in relation to the kava; (j) when the hearing of the charge relating to the kava is likely to be concluded; (k) whether any other order has been or will be made relating to the kava; (m) any claim of a person to be lawfully entitled to the kava; and (n) any other matter which, in the opinion of the court, is relevant.

Part 6 Detention, return, forfeiture and disposal of kava or thing seized Kava Management Act 1998 25 Part 6 Detention, return, forfeiture and disposal of kava or thing seized Division 1 Director 46 Delivery of kava or thing seized to Director Subject to this Act, an authorised officer who seizes kava or another thing under this Act must, as soon as reasonably possible after seizing it, deliver the kava or thing to the Director.