Customs (Prohibited Imports) Regulations 1956

REGULATION 5F   IMPORTATION OF KAVA AS FOOD  
Importation of kava food product without permission is prohibited

5F(1)    
The importation into Australia of a kava food product is prohibited unless:

(a)    the person importing the kava food product is the holder of a permission to import the kava food product granted by the Secretary or an authorised person under this regulation; and

(b)    the permission or a copy of the permission is produced to the Collector; and

(c)    the importation is by means other than post.

Permitted drug importations exempt from prohibition under this regulation

5F(2)    
Subregulation (1) does not apply to or in relation to:

(a)    an importation that meets the requirements in paragraphs 5(1)(a) , (b) , (c) and (d) ; or

(b)    a drug that is imported as mentioned in paragraph 5(2)(b) or subregulation 5(2A) ; or

(c)    a drug in respect of the importation of which an approval is in force under subregulation 5(3) .

Application for permission

5F(3)    
An applicant for a permission to import a kava food product must:

(a)    make the application on the form approved by the Secretary; and

(b)    lodge the application with the Secretary or an authorised person; and

(c)    give to the Secretary or authorised person any information that the Secretary or authorised person reasonably requires for the purpose of making a decision on the application.

Dealing with application for permission

5F(4)    
The Secretary or an authorised person must not grant to an applicant a permission to import a kava food product unless:

(a)    the applicant has given the Secretary or authorised person all the information required by the Secretary or authorised person under paragraph (3)(c) ; and

(b)    the Secretary or authorised person is satisfied that the applicant is to import the kava food product for the purposes of selling it as part of the applicant ' s business; and

(c)    the applicant is registered for GST; and

(d)    the applicant has an ABN.

5F(5)    
In considering whether to grant a permission, the Secretary or authorised person may consider any relevant matter.

5F(6)    
A permission may specify:

(a)    conditions or requirements to be complied with by the holder of the permission; and

(b)    when the holder must comply with a condition or requirement, whether before or after the importation of the kava food product to which the permission relates.

Revocation of permission

5F(7)    
If:

(a)    a permission to import a kava food product specifies a condition or requirement to be complied with by the holder of the permission; and

(b)    the holder of the permission fails to comply with the condition or requirement;

the Secretary or an authorised person may revoke the permission, whether or not the holder of the permission is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.

Definitions

5F(8)    
In this regulation:

ABN
has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999 .

authorised person
means a person who is authorised by the Secretary under subregulation (9) to be an authorised person.

Department
means the Department administered by the Minister administering the Therapeutic Goods Act 1989 .

kava food product
means a food mentioned in section 2.6.3 - 3 of the Australia New Zealand Food Standards Code, as in force at the commencement of the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023 .

registered for GST
means registered under the GST Act.

Secretary
means the Secretary to the Department.

Authorised persons

5F(9)    
For the purposes of the definition of authorised person in subregulation (8) , the Secretary may, in writing, authorise the following to be an authorised person for the purposes of this regulation:

(a)    an officer of the Department;

(b)    the Administrator of Norfolk Island.