Northern Territory Consolidated Acts

KAVA MANAGEMENT ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary
           1 Short title *
           2 Commencement *
           2A Objects of Act *
           3 Interpretation *
           4 Application *
           5 Act to bind Crown *
           6 Functions of Commission, Chairperson and Director *
           7 Delegation *
           8 Guidelines *
           Part 2 Obligations, offences and penalties, &c.
           Division 1 Obligations and offences
           Subdivision 1 Possession of Kava
           9 Possession of trafficable quantity or more of kava *
           10 Possession of less than trafficable quantity or less than 25 litres of kava *
           11 Forfeiture and disposal of kava or thing seized under section 10 *
           Subdivision 2 Other obligations and offences
           12 Supply of kava *
           12A Supply of kava to intoxicated person *
           13 Cultivation of kava *
           14 Manufacture and production of kava *
           15 Pricing and packaging *
           16 Obligation of wholesale licensee *
           17 Obligations of retail licensee *
           18 Licensee to keep, &c., records as prescribed *
           19 Licensee to lodge returns *
           20 False statement *
           21 Person to comply with request of authorised officer *
           22 Confidentiality *
           Division 2 Procedure, evidentiary, &c.
           23 Knowledge of age immaterial *
           24 Parties to offences committed outside Territory *
           25 Prosecution of licensee for actions of employee *
           26 Bodies corporate *
           27 Evidentiary *
           28 Possession by authorised officer *
           Part 2A Price of kava
           28A Commission determines price of kava *
           28B Matters Commission to take into account in determining price *
           Part 3 Authorised officers
           29 Authorised officers *
           30 Identity cards *
           31 Functions of authorised officers *
           32 Powers of authorised officers *
           Part 4 Analysts
           33 Appointment of analysts *
           34 Analyst's certificate *
           Part 5 Pre-trial orders for destruction of exhibits
           35 Definitions *
           36 Extent of order for destruction *
           37 Application to magistrate for order for destruction *
           38 Determination of magistrate for destruction on first mention of charge *
           39 Adjournment *
           40 Order on committal for trial *
           41 Review of determination for retention of kava *
           42 Order on initial hearing of trial *
           43 Destruction of kava *
           44 Matters for consideration on determination for retention of kava *
           Part 6 Detention, return, forfeiture and disposal of kava or thing seized
           Division 1 Delivery to and detention by Chairperson
           46 Delivery of kava or thing seized to Chairperson *
           47 Detention of kava or thing seized *
           Division 2 Return, forfeiture and disposal of kava
           48 Application *
           49 Return of kava or thing seized *
           50 Return of seized vehicle pending prosecution *
           51 Forfeiture of kava or thing seized *
           52 Disposal of kava or thing *
           Part 7 Licence areas
           Division 1 Preliminary
           53 Definitions *
           Division 2 Declaration of licence areas
           54 Application for declaration of licence area *
           55 Explanation of application *
           56 Application may be varied *
           57 Consideration and decision of Minister *
           58 Notice of declaration *
           Division 3 Kava management plans
           58A Kava management plan required for each licence area *
           58B Purpose, form and content of kava management plans *
           58C Preparation and approval of kava management plan *
           58D Amendment or replacement of kava management plan *
           Part 8 Licensing
           Division 1 General
           59 Licences *
           59A Number of licences that may be granted under Act *
           60 Application for licence *
           61 Notice of application *
           62 Objections *
           63 Matters to be determined regarding applicants *
           64 Consideration and decision of Commission *
           65 Duration and renewal of licence *
           65A Condition of licence that holder to comply with Act etc. *
           65B Specification of conditions on licence *
           65C Licensee to comply with conditions of licence *
           66 Licence not transferable *
           Division 2 Variation of licences
           67 Commission may vary conditions *
           68 Hearing in relation to variation of licence *
           69 When variation takes effect *
           70 Re-issue of licence as varied *
           Division 3 Miscellaneous
           71 Surrender of licence *
           72 Acting licensee *
           Part 9 Control of conduct of licensees
           Division 1 Complaints
           73 Making of complaint *
           74 Consideration and decision of Commission *
           Division 2 Directions
           75 Commission may give directions *
           Division 3 Suspension, variation and cancellation of licence
           76 Suspension or variation in certain circumstances *
           77 Application for cancellation of licence *
           78 Consideration of application by Commission *
           Division 4 Licensee's right to request hearing
           79 Right to request hearing *
           Part 10 Hearings
           80 Procedure at hearing *
           81 Membership of Commission for hearing *
           82 Outcome of hearing *
           Part 11 Miscellaneous
           83 Duplicate licence *
           84 Delivery, lodgement or issue of applications etc. *
           85 Authorisation for research purposes etc. *
           86 Undercover operations *
           87 Power of police *
           88 Acquisition to be on just terms *
           89 Regulations *
           Schedule Areas of land that may not be declared to be licensed areas
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