Australian Capital Territory Numbered Regulations

MEDICINES, POISONS AND THERAPEUTIC GOODS (KAVA EXEMPTION) AMENDMENT REGULATION 2013 (NO 1) (NO 1 OF 2013) - REG 4

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864     Exemption of piper methysticum (kava)—Act, s 190 (1) (a)

    (1)     Piper methysticum (kava) in the following forms is exempt from the Act:

        (a)     raw or dried whole or peeled rhizome for use in aqueous dispersions or aqueous extracts intended for oral use by humans;

        (b)     powder made from the dried rhizome for use in aqueous dispersions or aqueous extracts intended for oral use by humans;

        (c)     preparations for oral use by humans containing aqueous dispersions or aqueous extracts of the raw or dried whole or peeled rhizome;

        (d)     preparations for oral use by humans containing aqueous dispersions or aqueous extracts of powder made from the dried rhizome.

    (2)     However, the exemption applies only if—

        (a)     the kava is prepared, possessed and consumed in accordance with the customs of the Pacific Islands; and

Examples—customs of the Pacific Islands relating to use of kava

1     consuming kava as part of a traditional ceremony, in a kava circle or otherwise

2     serving kava from a traditional bowl

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

        (b)     the kava is prepared, possessed and consumed in connection with an event declared by the Minister; and

        (c)     any conditions stated in the declaration are complied with.

    (3)     The Minister may declare an event only if satisfied it is a public event.

Example

National Multicultural Festival

    (4)     A declaration may include conditions about any of the following:

        (a)     the dates and times when the kava may be prepared or consumed;

        (b)     the way in which the kava may be prepared or consumed;

        (c)     the places where the kava may be prepared or consumed;

        (d)     the minimum age of people who may consume the kava;

        (e)     signage for the event;

        (f)     anything else the Minister considers appropriate.

    (5)     A declaration is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.