Kava Frequently Asked Questions (FAQs)

Question 1: Why has the NT Government decided upon a regulatory approach to kava?

The Northern Territory Government has been concerned about the impact of kava for some time. Accordingly the Government when introducing the Kava Management Bill 1996, also moved that the Bill be referred to the Assembly's Sessional Committee on Use and Abuse of Alcohol by the Community. A report was prepared for the Committee by Dr Peter d'Abbs and Dr Chris Burns from the Menzies School of Health Research Darwin. The Draft Report on Inquiry into the Issue of Kava Regulation, noted that widespread support existed for a system of controlled supply. While this view was not universal, there was recognition that the black market trade was extensive and that a system of controlled availability should be established.

Question 2: What is the Government's approach to kava?

The Northern Territory Government's approach to the management of kava consists of a) enforcing the Kava Management Act, b) a strategy for licensed kava access to promote responsible kava consumption and c) implementation of a model for responsible kava retailing. The Government's overview of the Kava Management System .

Question 3: Who makes the decisions about declaring kava licence areas and the granting of kava licences?

Under the provisions of the Kava Management Act, the Minister for Racing, Gaming and Licensing makes decisions concerning the declaration of kava licence areas. Once kava licence areas have been declared, the Northern Territory Licensing Commission, as an independent, statutory body, makes decisions about granting wholesale and retail kava licences.

Question 4: What are kava licence areas?

Kava licence areas are areas of land which, following a request by ten residents within the proposed area or its community council, have been declared as an area where it is legal to possess and consume kava. A licence area has to be declared before a retail licence may be advertised as retailers provide service to a specific licence area.

Question 5: What are kava wholesale and retail licences?

The Kava Management Act allows for one kava wholesaler for the Northern Territory. The wholesaler is licensed to import kava into the Territory for sale to licensed retailers. Kava retail licensees must only buy kava from the wholesaler. Retailers must only sell kava within their licence area and must comply with the Kava Management Plan for their licence area.

Question 6: What are Kava Management Plans?

Once approved by the Licensing Commission, Kava Management Plans are public documents, containing details of how a kava licence area will operate in order to achieve the responsible supply, possession and consumption objectives of the Kava Management Act. Information about the format and content of Kava Management Plans.

Question 7: How are Kava Management Plans developed?

Kava Management Plans are developed by the community or group seeking a kava licence area with support from the Licensing Division of the NT Treasury. The development process usually involves a series of discussions through which the community's views are determined and documented. The Licensing Commission, which is required to approve Kava Management Plans, also provides feedback to communities as discussions occur. When agreed by the community and the Commission, the Plan is signed by the Community President and other senior leaders and co-signed by the Chair of the Licensing Commission.

Question 8: What do Kava Management Plans contain?

Kava Management Plans contain information about

1. Boundary of the area to be declared as the kava licence area
2. Place and method of kava sales
3. Where kava may be consumed
4. Days of sale
5. Hours of sale
6. Limits on kava purchases
7. Community expectations or rules
8. Actions to support responsible kava use
9. Actions if irresponsible kava use occurs
10. How the impact of kava will be monitored
11. Other information.

Question 9: Are Kava Management Plans available?

Once approved by the Licensing Commission, Kava Management Plans are public documents, which are available from Community Councils, the Licensing Division of the NT Treasury or this web site.

Question 10: How many kava licences are there in the Northern Territory?

There is one kava wholesale licence for the Northern Territory. One retail licence will be granted to service each declared kava licence area.

Question 11: How much do kava licences cost?

Wholesale licence: $20,000 annually. Retail licence: $5,000 annually.

Question 12: Which places have decided to use kava licensing?

The following communities have been declared as kava licence areas; Yirrkala , Laynhapuy , Ramingining ,  Warruwi, Crocker Island and Gapuwiyak.

Question 13: Where is kava being sold in the Northern Territory?

Retail licences to enable legal sales of kava commenced at Yirrkala, the Laynhapuy Homelands and Warruwi in May 2002, and in Ramingining in August 2003.

Question 14: Is there a recommended responsible level of kava consumption?

Research work on responsible levels of kava consumption is being undertaken by Alan Clough, Senior Research Officer, Menzies School of Health Research. Findings to date indicate that consumption above 400gms per adult person per week are not responsible and may have a negative impact on consumer's health. Further work on Kava Purchases and Consumption is continuing.

Question 15: What is the National Code of Kava Management and National Food Standard O10?

The National Code of Kava Management is part of a national strategy to promote the responsible sale, distribution and advertising of kava in Australia. The Code applies to all those involved in the supply of kava including importers, wholesalers, distributors and retailers. The Code does not cover kava imported for therapeutic purposes. Under the Code, signatories must have a licence, keep required records, and must not advertise or promote kava. The National Food Standard O10 contains provisions relating to interpretation, prohibition and labelling of kava in order to minimise the detrimental effects associated with kava abuse.

Question 16: What studies or research was undertaken as the basis for the Kava Management Act and the regulatory approach to kava?

The major study undertaken as the basis for the Kava Management Act and the regulatory approach to kava was the Draft Report on Inquiry into the Issue of Kava Regulation, prepared for the Sessional Committee on Use and Abuse of Alcohol by the Community by Dr Peter d'Abbs and Dr Chris Burns from the Menzies School of Health Research Darwin. The Northern Territory Department of Health also conducted the Kava Sentinel System (KSS) which further documented a range of negative health and social outcomes arising from unregulated kava supply.

Question 17: How is kava use be monitored?

The following key stakeholders are be involved in monitoring the impact of kava

• Department of Health and Community Services
• Clinics in Aboriginal communities
• Menzies School of Health Research
• Police
• Community councils
• Wholesale and retail licensees
• Arnhemland Progress Association.

These stakeholders communicate with local councils and the Licensing Commission on the impact of kava licensing.

Question 18: What can people do if kava sale, possession or use is a problem in their community?

People concerned about the impact of kava should obtain a copy of the Kava Management Plan for their community. The Plan outlines how kava is approved to be sold, the expectations of the community regarding kava consumption and measures to be taken should irresponsible kava use occur. Questions or complaints regarding behaviour or other matters that are inconsistent with the community Kava Management Plan should be addressed to the local community Council or Association involved in developing the Plan. Complaints may also be made to the Licensing Commission. Any illegal behaviour should be reported to the Police.

Further information  

Racing Gaming and Licensing