Medicines, Poisons and Therapeutic Goods (Kava Exemption) Amendment Regulation 2013 (No 1) (ACT)

Medicines, Poisons and Therapeutic Goods (Kava Exemption) Amendment Regulation 2013 (No 1)

Subordinate Law SL2013-1

The Australian Capital Territory Executive makes the following regulation under the Medicines, Poisons and Therapeutic Goods Act 2008.

Dated 24 January 2013.

Katy Gallagher

Minister

Shane Rattenbury

Minister

Medicines, Poisons and Therapeutic Goods (Kava Exemption) Amendment Regulation 2013 (No 1)

Subordinate Law SL2013-1

made under the

Medicines, Poisons and Therapeutic Goods Act 2008

1. Name of regulation

   This regulation is the Medicines, Poisons and Therapeutic Goods (Kava Exemption) Amendment Regulation 2013 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Medicines, Poisons and Therapeutic Goods Regulation 2008.

4. New section 864

   insert

5. 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

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

   2serving kava from a traditional bowl

   NoteAn 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.

   NoteA notifiable instrument must be notified under the Legislation Act.

Endnotes

1. Notification

   Notified under the Legislation Act on 25 January 2013.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2013