NORTHERN TERRITORY OF AUSTRALIA
KAVA MANAGEMENT REGULATIONS 1998
As in force at 14 April 2020
Table of provisions
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Fees ................................................................................................ 2
6 Information to accompany application for licence............................ 2
7 Notice of application ........................................................................ 4
9 Conditions of licence ....................................................................... 5
10 Records to be kept by licensees...................................................... 6
11 Packaging of kava: section 15(1)(b) of Act ..................................... 6
12 Signs indicating licence area ........................................................... 7
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 14 April 2020
KAVA MANAGEMENT REGULATIONS 1998
Regulations under the Kava Management Act 1998
1 Citation
These Regulations may be cited as the Kava Management
Regulations 1998.
2 Commencement
These Regulations come into operation on the commencement of
the Kava Management Act 1998.
3 Definitions
In these Regulations, unless the contrary intention appears:
associate means an associate within the meaning of Division 2 of
Part 1.2 of the Corporations Act 2001.
company means a company that is registered under the
Corporations Act 2001 or a co-operative registered under the
Co-operatives (National Uniform Legislation) Act 2015.
incorporated association means:
(a) an incorporated association or an incorporated trading
association as defined in section 4(1) of the
Associations Incorporation Act 1963; or
(b) an Aboriginal corporation as defined in section 3 of the
Corporations (Aboriginal and Torres Strait Islander) Act 2006
(Cth).
Kava Management Regulations 1998 2
4 Fees
The fees that are payable for the matters under the Act specified in
Column 1 of the Table to this regulation are specified opposite in
Column 2 of the Table.
TABLE
Column 1
Matters under the Act
Column 2
Fees
Application under section 54 of the Act for a
declaration that an area is a licence area
5 750 revenue units
Application under section 60 of the Act for the
grant of a wholesale licence
23 000 revenue units
Application under section 60 of the Act for the
grant of a retail licence
5 750 revenue units
Application under section 65 of the Act to renew
a wholesale licence
23 000 revenue units
Application under section 65 of the Act to renew
a retail licence
5 750 revenue units
Issue of a duplicate licence under section 83 of
the Act
115 revenue units
6 Information to accompany application for licence
The Director may require that any of the following information is to
be provided in support of an application under section 60 or 65 of
the Act:
(a) in the case of an applicant (whether alone or jointly with
another person or as a partner) who is a natural person:
(i) the name of the applicant;
(ii) the residential and business addresses of the applicant;
(iii) 4 written references as to the character of the applicant;
(iv) a written curriculum vitae of the applicant; or
(v) details of the criminal history of the applicant;
Kava Management Regulations 1998 3
(b) in the case of an applicant (whether alone or jointly with
another person or as a partner) who is a company:
(i) the name of the applicant;
(ii) the names of the directors, associates and other officers
of the applicant;
(iii) the addresses of the registered office and principal
place of business of the applicant;
(iv) a certified copy of the certificate of incorporation of the
applicant;
(v) a certified copy of the constitution or rules of the
applicant;
(vi) a certified copy of a search showing the date of
incorporation, principal place of business and the names
of the directors, secretaries and shareholders of the
applicant;
(vii) a written curriculum vitae of each director and other
officer of the applicant; or
(viii) details of the criminal history of each director and other
officer of the applicant;
(c) in the case of an applicant (whether alone or jointly with
another person or as a partner) who is an incorporated
association:
(i) the name of the applicant;
(ii) the names of the public officer, committee members and
other officers of the applicant;
(iii) the address where the business of the applicant is being
carried on;
(iv) a certified copy of the certificate of incorporation of the
applicant;
(v) a certified copy of the constitution of the applicant;
(vi) a written curriculum vitae of each committee member
and other officer of the applicant; or
(vii) details of the criminal history of each committee member
and other officer of the applicant;
Kava Management Regulations 1998 4
(d) if 2 or more persons making an application are partners – a
copy of their partnership agreement;
(e) if an applicant will be conducting business under the licence
the subject of the application under a business name
registered under the Business Names Registration Act 2011
(Cth) – a copy of the entry in the Business Names Register
provided by ASIC under section 60 of that Act showing the
registration;
(f) documentation of an applicant's current assets and liabilities
or the applicant's existing and future income;
(g) a business plan or other documentation of the proposed
operation of the business under the licence the subject of the
application, including details of the:
(i) premises and vehicles that the applicant will use;
(ii) number of employees or agents the licensee will
engage;
(iii) manner of transportation of the kava into and within the
Territory or the licence area concerned; and
(iv) manner in which the applicant proposes to purchase or
otherwise be supplied with, sell and store the kava;
(i) a statement or plan of the measures or programs the
applicant would support, fund or implement as the holder of
the licence for facilitating harm minimisation and other
responsible practices relating to the supply, possession and
consumption of kava.
7 Notice of application
(1) The size of the notice of making an application for the grant of a
licence that an applicant must publish in a newspaper under
section 61(1)(a) of the Act is to be not less than 2 columns in width
by 8 cm in depth.
(2) At the time of making an application for the grant of a licence under
section 60 of the Act the applicant must provide to the Director a
copy of the notice the applicant intends to publish under
section 61(1) of the Act for the purpose of being approved by the
Director.
Kava Management Regulations 1998 5
9 Conditions of licence
(1) The Director may issue a licence under section 64 or 65 of the Act
subject to any of the following conditions that the Director
determines necessary or desirable in the circumstances of the
licence:
(a) in the case of a retail licence – that the sale of kava under the
retail licence may only occur between the hours and on the
days specified in the licence;
(b) that the licensee must not conduct business under the licence
except on the premises, by using the vehicles, with the
number of employees or by the agents specified in the
licence;
(c) that the licensee, whether personally or by an employee or
agent, must not transport kava into and within the Territory or
a particular licence area unless as specified in the licence;
(d) that the licensee must not hold a quantity of kava in stock that
is more than the maximum quantity specified in the licence;
(e) that the premises the licensee uses in conducting business
under the licence must be maintained in a clean, serviceable
and sanitary condition at all times;
(f) in the case of a retail licensee – that the licensee must not sell
kava to a person unless the person pays for the kava in cash
and not by credit;
(g) that the licensee must comply with the Act, these Regulations
and the terms and conditions of the licence.
(2) For the purposes of subregulation (1)(a), the hours and days that a
retail licensee may sell kava are to be fixed by taking into account:
(a) the size of the licence area in respect of which the licensee's
licence is granted;
(b) the number of person's ordinarily residing in the licence area
and their distribution within the licence area; and
(c) the wishes of the residents of the licence area regarding when
kava may be purchased.
Kava Management Regulations 1998 6
(3) For the purposes of subregulation (1)(d), the maximum quantity of
kava to be held in stock by a licensee is to be fixed by taking into
account:
(a) in the case of a wholesale licensee – the number of licensees
who will be purchasing kava from the wholesale licensee;
(b) in the case of a retail licensee – the number of persons
ordinarily residing in the licence area in respect of which the
licensee's licence is issued;
(c) the manner and quantity in which and the intervals when the
licensee will purchase or otherwise be supplied with kava to
sell under the licensee's licence; and
(d) the facilities available to the licensee for, and manner in which
the licensee will be, storing kava held in stock by the licensee.
10 Records to be kept by licensees
(1) A licensee must keep and maintain, in the approved form, a record
of:
(a) the date and quantity of all kava supplied to the licensee
(whether by importation into the Territory or purchase from
another licensee);
(b) the date and quantity of each sale of kava made by the
licensee and, if the kava is sold to another licensee, the name
and licence number of that licensee; and
(c) a daily balance of the quantity of kava that is held in stock by
the licensee.
(2) A licensee must:
(a) lodge with the Director a return, in the approved form, of the
records kept under subregulation (1) in respect of each
3 month period ending on 31 March, 30 June, 30 September
and 31 December (respectively) not later than 28 days after
the expiry of the period to which the records relate; and
(b) keep each record specified in subregulation (1) for not less
than 3 years.
11 Packaging of kava: section 15(1)(b) of Act
(1) Kava is to be packaged in sealed airtight bags made of plastic or
any other non-porous material that the Director has approved.
Kava Management Regulations 1998 7
(2) If kava is being supplied by a retail licensee, the kava is to be
contained in packages that weigh not more than 200 grams.
12 Signs indicating licence area
(1) A retail licensee must:
(a) erect at the points of entry into the licence area in respect of
which the licensee's licence is issued a retroreflective sign on
which is written in white lettering on a red background the
words:
(i) "KAVA LICENCE AREA" in 200 mm lettering size; and
(ii) "You are entering an area where persons who are
18 years or older may purchase and consume kava in
accordance with the Kava Management Plan for the
area. It is illegal to possess more than 2 kg of kava in
this area." in not less than 50 mm lettering size;
(b) erect at the points of exit from the licence area referred to in
paragraph (a) a retroreflective sign on which is written in white
lettering on a red background the words:
(i) "YOU ARE LEAVING A KAVA LICENCE AREA" in
200 mm lettering size; and
(ii) "Possession of any kava outside this area is illegal
unless authorised by a licence and may result in a fine,
seizure of a vehicle or imprisonment." in not less than
50 mm lettering size; and
(c) maintain those signs in good condition.
(2) A sign referred to in subregulation (1) is to be erected:
(a) at the points of entry or exit that the Director has approved;
and
(b) in such a manner that the words on the sign are clearly visible
to persons entering or leaving the licence area at those points
of entry or exit.
ENDNOTES
Kava Management Regulations 1998 8
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Kava Management Regulations (SL No. 12, 1998)
Notified 21 May 1998
Commenced 21 May 1998 (r 2, s 2 Kava Management Act 1998 (Act
No. 33, 1998) and Gaz S17, 21 May 1998)
Statute Law Revision Act (No. 2) 1999 (Act No. 48, 1999)
Assent date 10 November 1999
Commenced 10 November 1999
Amendment of Kava Management Regulations (SL No. 6, 2000)
Notified 9 February 2000
Commenced 14 February 2000 (r 2, s 2 Northern Territory Licensing
Commission Act 1999 (Act No. 67, 1999) and Gaz G5,
9 February 2000, p 6)
Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)
Assent date 29 June 2001
Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,
2001) and Cth Gaz S285, 13 July 2001)
Amendments of Kava Management Regulations (SL No. 18, 2002)
Notified 10 July 2002
Commenced 10 July 2002
Amendment of Kava Management Regulations (SL No. 58, 2002)
Notified 18 December 2002
Commenced 18 December 2002
Amendments of Kava Management Regulations (SL No. 4, 2004)
Notified 3 March 2004
Commenced 3 March 2004
ENDNOTES
Kava Management Regulations 1998 9
Statute Law Revision Act 2004 (Act No. 18, 2004)
Assent date 15 March 2004
Commenced 5 May 2004 (s 2(1), s 2 Associations Act 2004 (Act No. 56,
2003) and Gaz G18, 5 May 2004, p 2)
Treasury Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 33, 2006)
Notified 18 October 2006
Commenced 18 October 2006
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009)
Notified 14 December 2009
Commenced 1 January 2010 (r 2)
Business Names (National Uniform Legislation) Implementation Act 2012 (Act No. 8,
2012)
Assent date 27 April 2012
Commenced pts 3 and 4: 28 May 2012 (Cth proclamation F2012L00891:
19 April 2012); rem: 27 April 2012 (s 2)
Licensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)
Assent date 5 December 2014
Commenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)
Co-operatives (National Uniform Legislation) Act 2015 (Act No. 13, 2015)
Assent date 22 May 2015
Commenced 1 July 2015 (Gaz S62, 23 June 2015)
Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019)
Assent date 6 November 2019
Commenced pts 2 and 3: 11 December 2019 (Gaz G50,
11 December 2019, p 2); rem: 7 November 2019 (s 2)
Licensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)
Assent date 9 March 2020
Commenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 3.
4 LIST OF AMENDMENTS
r 3 amd Act No. 17, 2001, s 22; Act No. 44, 2014, s 145; Act No. 13, 2015, s 26;
Act No. 33, 2019, s 49
r 4 amd No. 33, 2006, r 5; No. 34, 2009, r 10
r 5 rep No. 4, 2004, r 2
r 6 amd Act No. 48, 1999, s 4; No. 4, 2004, r 3; Act No. 18, 2004, s 3; Act No. 8,
2012, s 30; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 7 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 8 amd Act No. 44, 2014, s 145
r 9 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 10 amd No. 6, 2000, r 2; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
ENDNOTES
Kava Management Regulations 1998 10
r 11 amd No. 58, 2002
sub No. 4, 2004, r 4
amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 12 amd No. 18, 2002; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87