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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Hydroponics Industry Control
Bill 2009
A BILL FOR
An Act to prevent criminal infiltration of the hydroponics industry; to
prevent the misapplication of certain types of hydroponic equipment by
monitoring its sale and supply; and for other purposes.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Interpretation
4 Carrying on business of selling
prescribed equipment by retail
5 Commissioner subject to control and
direction of Minister
6 Delegation
7 Criminal
intelligence
8 Non-derogation
9 Exemptions
Part 2—Licences and approvals
Division 1—Hydroponic equipment dealer's
licence
10 Requirement for licence
11 Hydroponic equipment dealer's
licence
12 Commissioner may require fingerprints
13 Suspension or
revocation of licence
14 Change of information relating to licence
Division 2—Approval of hydroponics industry
employees
15 Requirement for approval
16 Temporary approval on
application
17 Commissioner may approve hydroponics industry
employees
18 Commissioner may require fingerprints
19 Revocation of
approval
Division 3—Appeal
20 Appeal
Part 3—Sales of prescribed equipment
Division 1—Identification
21 Purchaser must
produce identification
22 Identification cards
Division 2—Record keeping
23 Records of
prescribed transactions
24 Staffing records
Part 4—Enforcement
25 Authorised
officers
26 Powers of entry and inspection
27 Commissioner may require
information from wholesalers
Part 5—Miscellaneous
28 False or misleading
information
29 Statutory declaration
30 Liability for act or default of
officer, employee or agent
31 Offences by bodies
corporate
32 Self-incrimination
33 General defence
34 Annual
report
35 Service of documents
36 Evidentiary provision
37 Review of
operation of Act
38 Regulations
Schedule 1—Transitional
provisions
1 Existing hydroponics businesses
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Hydroponics Industry Control
Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act—
approval means approval as a hydroponics industry employee
under section 17;
authorised officer means—
(a) a police officer; and
(b) a person, or class of persons, authorised by the Minister under
section 25;
Commissioner means the Commissioner of Police;
criminal intelligence means information relating to actual or
suspected criminal activity (whether in this State or elsewhere) the disclosure
of which could reasonably be expected to prejudice criminal investigations, to
enable the discovery of the existence or identity of a confidential source of
information relevant to law enforcement or to endanger a person's life or
physical safety;
director of a body corporate includes—
(a) a person occupying or acting in the position of director or member of
the governing body of the body corporate, by whatever name called and whether or
not validly appointed to occupy or duly authorised to act in the position;
and
(b) any person in accordance with whose directions or instructions the
directors or members of the governing body of the body corporate are accustomed
to act;
hydroponic equipment means equipment that is designed to be
used, or is of a kind that is commonly used, for a purpose related to the
cultivation of plants using hydroponic methods;
licence or hydroponic equipment dealer's
licence means a hydroponic equipment dealer's licence under
section 11;
prescribed equipment means hydroponic equipment declared by
the regulations to be prescribed equipment (whether or not the equipment is in
working order or has been, or is being, modified in any way);
sell includes—
(a) auction, barter, exchange or let on hire; or
(b) offer for sale, auction, barter, exchange or letting on hire;
or
(c) cause or permit to be offered for sale, auction, barter, exchange or
letting on hire; or
(d) possess for the purposes of sale, auction, barter, exchange or letting
on hire;
senior police officer means a police officer of or above the
rank of inspector.
4—Carrying on
business of selling prescribed equipment by retail
(1) For the purposes of this Act, a person will be taken to be carrying on
the business of selling prescribed equipment by retail if the
person—
(a) sells prescribed equipment by retail on not less than 6 days in
any calender year; or
(b) sells prescribed equipment by retail with a total wholesale value
exceeding an amount prescribed by the regulations for the purposes of this
paragraph; or
(c) sells prescribed equipment in the circumstances prescribed by the
regulations for the purposes of this subsection.
(2) If in proceedings for an offence against this Act it is established
that the defendant—
(a) was at the relevant time the holder of a hydroponic equipment dealer's
licence; and
(b) had possession of prescribed equipment,
it will be presumed, in the absence of proof to the contrary, that the
defendant had possession of the equipment for the purposes of sale in the course
of the defendant's business of selling prescribed equipment by retail.
5—Commissioner
subject to control and direction of Minister
(1) The Commissioner is, for the purposes of this Act, subject to the
control and direction of the Minister.
(2) A Ministerial direction under this Act will be taken not to be a
direction for the purposes of section 8 of the Police
Act 1998.
Despite section 19 of the Police Act 1998, the
Commissioner—
(a) may not delegate the function of classifying information as criminal
intelligence for the purposes of this Act except to a Deputy Commissioner or
Assistant Commissioner of Police; and
(b) may not delegate any other function or power of the Commissioner under
this Act except to a senior police officer.
(1) If the Commissioner—
(a) refuses an application for a licence or an approval or for a renewal
of a licence, or varies or revokes a condition, or imposes a new condition, of a
licence or approval, or revokes or proposes to revoke a licence or approval
under this Act; and
(b) the decision to do so is made because of information that is
classified by the Commissioner as criminal intelligence,
the Commissioner is not required to provide any grounds or reasons for the
decision other than that to grant the application would be contrary to the
public interest, or that it would be contrary to the public interest if the
licence or approval were to continue in force without variation or new condition
imposed, or that it would be contrary to the public interest if the person were
to be or continue to be licensed or approved.
(2) In any proceedings relating to a licence or approval, the court
determining the proceedings—
(a) must, on the application of the Commissioner, take steps to maintain
the confidentiality of information classified by the Commissioner as criminal
intelligence, including steps to receive evidence and hear argument about the
information in private in the absence of the parties to the proceedings and
their representatives; and
(b) may take evidence consisting of, or relating to, information that is
so classified by the Commissioner by way of affidavit.
The provisions of this Act are in addition to, and do not derogate from,
the provisions of any other Act.
(1) The Minister may, by notice in the Gazette, grant exemptions from this
Act or specified provisions of this Act—
(a) to a person, or persons of a class, specified in the notice;
or
(b) in relation to prescribed equipment, or prescribed equipment of a
class, specified in the notice.
(2) An exemption under subsection (1) may be granted by the Minister
on conditions specified by the Minister.
(3) The Minister may, at any time, by further notice in the
Gazette—
(a) vary or revoke an exemption; or
(b) vary or revoke a condition of an exemption, or impose a new
condition,
on any grounds the Minister thinks fit.
(4) Before granting an exemption, or varying or revoking an exemption or
condition of an exemption, the Minister must consult with the
Commissioner.
Division
1—Hydroponic equipment dealer's licence
A person must not—
(a) carry on the business of selling prescribed equipment by retail;
or
(b) hold himself or herself out as carrying on such a business,
unless the person holds a licence under section 11.
Maximum penalty: $20 000.
11—Hydroponic
equipment dealer's licence
(1) Subject to this section, the Commissioner may, on application by a
person, issue or renew a hydroponics equipment dealer's licence.
(2) An application for a licence must—
(a) be made to the Commissioner in the manner and form approved by the
Commissioner; and
(b) be accompanied by the prescribed fee; and
(c) if the applicant is a body corporate, identify each director of the
applicant in accordance with the requirements (if any) set out in the
regulations; and
(d) be accompanied by—
(i) if the applicant is a natural person—such photographs of the
applicant, and in such form, as may be specified by the Commissioner;
(ii) if the applicant is a body corporate—such photographs of each
director of the applicant, and in such form, as may be specified by the
Commissioner;
(iii) any other information prescribed by the regulations.
(3) The Commissioner must not issue a licence to a person, or renew a
person's licence, unless the Commissioner is satisfied that—
(a) if the applicant is a natural person—the person is a fit and
proper person to hold a licence; or
(b) if the applicant is a body corporate—each director of the
applicant is a fit and proper person to hold a licence.
(4) The Commissioner must refuse to issue a licence to a person, or to
renew a person's licence—
(a) if the applicant is a natural person—
(i) if the person has been found guilty of a prescribed offence within the
5 years immediately preceding the application; or
(ii) if the person is subject to a control order (within the meaning of
the Serious and Organised Crime (Control) Act 2008); or
(b) if the applicant is a body corporate—
(i) if any director of the applicant has been found guilty of a prescribed
offence within the 5 years immediately preceding the application;
or
(ii) if any director of the applicant is subject to a control order
(within the meaning of the Serious and Organised Crime (Control)
Act 2008); or
(c) if it appears to the Commissioner that to grant the application would
be contrary to the public interest; or
(d) for any other reason declared by the regulations to be within the
ambit of this subsection.
(5) Without limiting the matters to which the Commissioner may have
regard, the Commissioner may, in determining whether to issue or renew a
licence, have regard to—
(a) the reputation, honesty and integrity of the person; and
(b) the reputation, honesty and integrity of people with whom the person
associates or has associated.
(6) A licence is subject to such conditions as may be specified by the
Commissioner in the licence.
(7) The Commissioner may by notice in writing given to a licence holder,
vary or revoke a condition of the licence, or impose a new condition, on any
grounds the Commissioner thinks fit.
(8) A licence holder who contravenes or fails to comply with a condition
of his or her licence is guilty of an offence.
Maximum penalty: $20 000.
(9) Subject to this Act, a licence issued or renewed under this section
remains in force for the period specified in the licence.
(10) The Commissioner may renew a licence despite the fact that
application for renewal of the licence was made after the end of the previous
term of the licence.
(11) A licence has effect, on issue or renewal, from the date specified in
the licence for that purpose (and which may be earlier than the date of
application for the issue or renewal of the licence).
(12) A licence holder may, at any time, by notice in writing to the
Commissioner, surrender his or her licence, at which time the licence ceases to
have effect.
12—Commissioner
may require fingerprints
(1) If a person applies for a licence, the Commissioner may, by notice in
writing, request—
(a) if the applicant is a natural person—the person; and
(b) if the applicant is a body corporate—each director of the body
corporate,
to attend at a specified time and place for the purpose of having his or
her fingerprints taken.
(2) If the Commissioner has requested a person to attend for the taking of
fingerprints under subsection (1), the Commissioner is not required to
consider the application in relation to which the request has been made until
the fingerprints have been taken and the results of any analysis or comparison
of the fingerprints provided to the Commissioner.
13—Suspension or
revocation of licence
(1) The Commissioner may, by notice in writing given to a licence holder,
suspend or revoke the person's licence if the Commissioner is satisfied on
reasonable grounds that—
(a) the person has contravened this Act; or
(b) the person is not, or is no longer, for any reason a fit and proper
person to hold a licence; or
(c) it is otherwise in the public interest to do so.
(2) A suspension of a licence—
(a) may be made for a specified period or until revoked by the
Commissioner; and
(b) may operate generally or in relation to a particular aspect of the
licence holder's business.
14—Change
of information relating to licence
A licence holder must, within 14 days after any change in any
information supplied to, or required by, the Commissioner for the purposes of
determining an application for a licence under section 11, provide written
notice of the change to the Commissioner.
Maximum penalty: $2 500.
Expiation fee: $210.
Division
2—Approval of hydroponics industry employees
(1) Subject to section 16, a person must not carry out prescribed
duties in relation to the sale of prescribed equipment by retail unless the
person is approved as a hydroponics industry employee under
section 17.
Maximum penalty: $20 000.
(2) Subsection (1) does not apply—
(a) to a person who is the holder of a hydroponic equipment dealer's
licence; or
(b) to a director of a body corporate that is the holder of a hydroponic
equipment dealer's licence identified, in accordance with section 11(2)(c),
in the relevant licence application.
(3) If a person contravenes subsection (1), the—
(a) holder of a hydroponic equipment dealer's licence pursuant to which
the prescribed equipment was purportedly sold by retail; and
(b) if the license holder is not the person's employer—the relevant
employer of the person,
are each guilty of an offence.
Maximum penalty: $20 000.
(4) It is defence in proceedings for an offence against
subsection (3) if the defendant proves that he or she believed on
reasonable grounds that the person who contravened subsection (1) was
approved as a hydroponics industry employee at the relevant time.
16—Temporary
approval on application
A person who—
(a) has applied for approval as a hydroponics industry employee in
accordance with section 17; and
(b) has not previously been refused approval under section 17 or had
his or her approval revoked; and
(c) is not a person who must be refused approval under
section 17(4)(a), (b) or (d),
may carry out prescribed duties in relation to the sale of prescribed
equipment by retail as if he or she were approved as a hydroponics industry
employee under section 17, until the day on which the Commissioner
determines the person's application.
17—Commissioner
may approve hydroponics industry employees
(1) The Commissioner may, on application by a natural person, approve the
person as a hydroponics industry employee.
(2) An application for approval must—
(a) be made to the Commissioner in the manner and form approved by the
Commissioner; and
(b) be accompanied by the prescribed fee; and
(c) be accompanied by—
(i) if the applicant is a natural person—such photographs of the
applicant, and in such form, as may be specified by the Commissioner;
(ii) any other information prescribed by the regulations.
(3) The Commissioner must not approve a person unless the Commissioner is
satisfied that the person is a fit and proper person to be involved in the sale
of prescribed equipment by retail.
(4) The Commissioner must refuse to approve a person—
(a) if the person has been found guilty of a prescribed offence within the
5 years immediately preceding the application for approval; or
(b) if the person is subject to a control order (within the meaning of the
Serious and Organised Crime (Control) Act 2008); or
(c) if it appears to the Commissioner that to approve the person as a
hydroponics industry employee would be contrary to the public interest;
or
(d) for any other reason declared by the regulations to be within the
ambit of this subsection.
(5) Without limiting the matters to which the Commissioner may have
regard, the Commissioner may, in determining whether to approve a person, have
regard to—
(a) the reputation, honesty and integrity of the person; and
(b) the reputation, honesty and integrity of people with whom the person
associates or has associated.
(6) An approval is subject to such conditions as may be specified by the
Commissioner in the approval.
(7) The Commissioner may, by notice in writing given to an approved
person, vary or revoke a condition of the approval, or impose a new condition,
on any grounds the Commissioner thinks fit.
(8) An approved person who contravenes or fails to comply with a condition
of his or her approval is guilty of an offence.
Maximum penalty: $20 000.
(9) An approved person may, at any time, by notice in writing to the
Commissioner, surrender the approval, at which time the approval ceases to have
effect.
18—Commissioner
may require fingerprints
(1) If a person applies for approval, the Commissioner may, by notice in
writing, request the person to attend at a specified time and place for the
purpose of having his or her fingerprints taken.
(2) If the Commissioner has requested a person to attend for the taking of
fingerprints under subsection (1), the Commissioner is not required to
consider the application in relation to which the request has been made until
the fingerprints have been taken and any relevant information provided to the
Commissioner.
(1) The Commissioner may, by notice in writing given to an approved
person, revoke the person's approval if the Commissioner is satisfied on
reasonable grounds that—
(a) the person has contravened this Act; or
(b) the person is not, or is no longer, for any reason a fit and proper
person to be approved; or
(c) it is otherwise in the public interest to do so.
(2) The Commissioner must, before revoking an approval—
(a) give written notice to the person of the proposed revocation,
including, subject to section 7, a statement of the reasons that the
Commissioner considers justify the revocation; and
(b) allow the person a period of 21 days (or such longer period as
the Commissioner may in any particular case allow) to show cause why the
approval should not be revoked.
(3) The Commissioner may suspend an approval pending final determination
of the question as to whether the approval should be revoked.
(4) On revoking an approval, the Commissioner must cause notice of the
revocation to be given, personally or by post, to all persons affected by the
revocation.
(1) A person who is dissatisfied with a decision of the Commissioner under
this Part may appeal to the Administrative and Disciplinary Division of the
District Court against the decision.
(2) Subject to subsection (3)(b), an appeal must be instituted within
1 month of the making of the decision appealed against.
(3) Subject to section 7—
(a) the Commissioner must, if so required by the appellant, state in
writing the reasons for the Commissioner's decision; and
(b) if the reasons of the Commissioner are not given in writing at the
time of making the decision and the appellant (within 1 month of the making
of the decision) requires the Commissioner to state the reasons in writing, the
time for instituting an appeal runs from the time at which the appellant
receives the written statement of those reasons.
Part
3—Sales of prescribed equipment
21—Purchaser must
produce identification
A person must not sell prescribed equipment by retail to another person
(the purchaser) unless the purchaser first produces identification
that complies with any requirements set out in the regulations.
Maximum penalty: $20 000.
(1) The Commissioner must issue an identity card in a form approved by the
Commissioner to each of the following persons:
(a) the holder of a hydroponic equipment dealer's licence (being a licence
holder who is a natural person);
(b) each director of a body corporate that is the holder of a hydroponic
equipment dealer's licence identified, in accordance with section 11(2)(c),
in the relevant licence application;
(c) each person approved as a hydroponics industry employee under
section 17.
(2) A person to whom an identity card has been issued under this section
must carry the card at all times while on premises at which prescribed equipment
is sold pursuant to a hydroponic equipment dealer's licence, or while carrying
out duties in relation to such sale.
Maximum penalty: $2 500.
Expiation fee: $210.
(3) A person required to carry an identification card under
subsection (2) must produce it forthwith if requested to do so by an
authorised officer.
Maximum penalty: $2 500.
Expiation fee: $210.
23—Records
of prescribed transactions
(1) A licence holder must keep the information required by the regulations
in relation to each prescribed transaction occurring in the course of, or for
the purposes of, the license holder's business.
Maximum penalty: $20 000.
(2) The information required to be kept under subsection (1) must be
kept in accordance with any requirements set out in the regulations.
(3) A licence holder must transfer to the Commissioner, in accordance with
any requirements set out in the regulations, the prescribed particulars in
respect of each prescribed transaction.
Maximum penalty: $20 000.
(4) Without limiting subsection (3), the regulations may require that
the prescribed particulars of each prescribed transaction be transferred
electronically.
(5) In this section—
prescribed transaction means—
(a) the sale of prescribed equipment (whether by retail or wholesale);
or
(b) the purchase of prescribed equipment (whether from a wholesaler or
otherwise); or
(c) any other transaction involving prescribed equipment declared by the
regulations to be included in the ambit of this definition.
A licence holder must make and retain records in accordance with the
regulations in relation to the persons working in, or for the purposes of, the
licence holder's business.
Maximum penalty: $2 500.
Expiation fee: $210.
(1) The Minister may authorise a person, or a class of persons, to be an
authorised officer for the purposes of this Act.
(2) An authorisation may be made subject to conditions or limitations
specified in the instrument of authorisation.
(3) The Minister may, by notice in writing to an authorised officer, vary
or revoke an authorisation, or a condition or limitation of an authorisation, on
any grounds the Minister thinks fit.
26—Powers
of entry and inspection
(1) An authorised officer may—
(a) enter and remain in or on any premises, place or vehicle that the
officer reasonably suspects is used for, or in connection with, carrying on the
business of selling prescribed equipment by retail (and, if entry is refused,
may employ such force as is reasonably necessary to gain entry); and
(b) inspect or search the premises, place or vehicle or any equipment or
other thing on the premises, place or vehicle.
(2) An authorised officer may—
(a) inspect any records kept by a licence holder and, for that purpose,
require the licence holder, or an employee or agent of the licence holder, to
produce the records; and
(b) examine, copy or take extracts from records kept by a licence holder,
or require the licence holder, or an employee or agent of the licence holder, to
provide a copy of the records; and
(c) remove and retain records kept by a licence holder for so long as is
reasonably necessary for the purpose of making a copy of the record.
(3) An authorised officer may not exercise the power of entry conferred by
this section in relation to residential premises except—
(a) with the consent of the occupier of the premises; or
(b) on the authority of a warrant issued by a magistrate under this
section; or
(c) if there are reasonable grounds to suspect that the premises are used
on a continuing or regular basis for, or in connection with, carrying on the
business of selling prescribed equipment by retail.
(4) A magistrate may issue a warrant for the purposes of this section if
satisfied, by information given on oath, that the warrant is reasonably required
in the circumstances.
(5) An authorised officer may, in exercising a power under this section,
be accompanied by such assistants as may reasonably be required in the
circumstances.
(6) A person who—
(a) hinders an authorised officer in the exercise of powers under this
section; or
(b) refuses or fails to comply with a requirement made under this
section,
is guilty of an offence.
Maximum penalty: $5 000.
(7) An authorised officer (other than a police officer in uniform) must
produce to the person (if any) affording the officer entry to premises under
this section a certificate of authority issued to the authorised officer by the
Minister.
27—Commissioner
may require information from wholesalers
(1) The Commissioner may, by notice in writing, for any purpose associated
with the administration or operation of this Act, require a person carrying on
the business of selling prescribed equipment by wholesale to provide the
information specified in the notice to the Commissioner in the manner, and
within the period, specified in the notice.
(2) A person must not, without reasonable excuse, refuse or fail to comply
with a requirement made under subsection (1).
Maximum penalty: $5 000.
Expiation fee: $315.
28—False or
misleading information
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information provided, or record kept, under this
Act.
Maximum penalty: $20 000.
If a person is required to provide information to the Commissioner, the
Commissioner may require the information to be verified by statutory declaration
and, in that event, the person will not be taken to have provided the
information as required unless it has been verified in accordance with the
requirements of the Commissioner.
30—Liability for
act or default of officer, employee or agent
For the purposes of this Act, an act or default of an officer, employee or
agent of a person carrying on a business will be taken to be an act or default
of that person unless it is proved that the officer, employee or agent acted
outside the scope of his or her actual, usual and ostensible
authority.
31—Offences by
bodies corporate
If a body corporate is guilty of an offence against this Act, each director
of the body corporate is, subject to the general defence under this Part, guilty
of an offence and liable to the same penalty as may be imposed for the principal
offence.
If a person is required to provide information or to produce a document,
record or equipment under this Act and the information, document, record or
equipment would tend to incriminate the person or make the person liable to a
penalty, the person must nevertheless provide the information or produce the
document, record or equipment, but the information, document, record or
equipment so provided or produced will not be admissible in evidence against the
person in proceedings for an offence, other than an offence against Part 3 of
this Act, or an offence against this or any other Act relating to the provision
of false or misleading information.
It is a defence to a charge of an offence against this Act if the defendant
proves that the offence was not committed intentionally and did not result from
any failure on the part of the defendant to take reasonable care to avoid the
commission of the offence.
(1) The Commissioner must, on or before 31 October in each year,
submit to the Minister a report on the administration of this Act during the
period of 12 months ending on the preceding 30 June.
(2) The Minister must, within 6 sitting days after receipt of the
report, cause a copy of the report to be laid before each House of
Parliament.
(1) Subject to this Act, a notice or document required or authorised by
this Act to be given to or served on a person may—
(a) be served on the person personally; or
(b) be posted in an envelope addressed to the person—
(i) at the person's last known address; or
(ii) if the person is a licence holder—at the person's address for
service; or
(c) if the person is a licence holder—be left for the person at the
person's address for service with someone apparently over the age of
16 years; or
(d) by transmitting it to the person by fax or email to the fax number or
email address last provided to the Commissioner by the person for that
purpose.
(2) The address for service of a licence holder is the address of which
the Commissioner has been last notified in writing by the licence holder as the
licence holder's address for service.
(1) In proceedings for an offence against this Act, an allegation in the
complaint—
(a) that a person named in the complaint is or is not, or was or was not
on a specified date, the holder of a hydroponic equipment dealer's licence;
or
(b) that a person named in the complaint is or is not, or was or was not
on a specified date, approved as a hydroponics industry employee; or
(c) that a specified person is or is not, or was or was not on a specified
date, an authorised officer; or
(d) that equipment specified in the complaint was prescribed
equipment,
will be accepted as proved in the absence of proof to the
contrary.
(2) In any legal proceedings, a document apparently certified by the
Commissioner to be a licence, approval or other document issued under this Act,
or to be a copy of such a licence, approval or other document, will be accepted
as such in the absence of proof to the contrary.
(1) The Minister must, as soon as practicable after the third anniversary
of the commencement of this section, conduct a review of the operation and
effectiveness of this Act.
(2) The Minister, or any person involved in the conduct of the review,
must maintain the confidentiality of information provided to the Minister or
other person that is classified by the Commissioner as criminal
intelligence.
(3) The Minister must prepare a report based on the review and must,
within 12 sitting days after the report is prepared, cause copies of the
report to be laid before each House of Parliament.
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) make provision in relation to the electronic transfer of information
for the purposes of this Act, including specifying—
(i) technical or operational requirements relating to such transfer;
or
(ii) a particular application, software or device, or a particular class
of application, software or device, to be used for that purpose;
(b) require licence holders to comply with a code of conduct or
practice;
(c) make provisions of a savings or transitional nature consequent on the
enactment of this Act or the commencement of specified provisions of this Act or
specified regulations under this Act;
(d) incorporate or operate by reference to a specified code or standard as
in force at a specified time or as in force from time to time;
(e) fix fees to be paid in respect of any matter under this Act and
regulate the recovery, refund, waiver or reduction of such fees;
(f) impose a penalty, not exceeding a fine of $10 000, for
contravention of, or non-compliance with, a regulation;
(g) fix expiation fees, not exceeding $315, for alleged offences against
the regulations.
(3) The regulations may—
(a) be of general application or limited application;
(b) make different provision according to the matters or circumstances to
which they are expressed to apply;
(c) provide that a specified provision of this Act does not apply, or
applies with prescribed variations, to any person, circumstance or situation (or
person, circumstance or situation of a specified class) specified by the
regulations, subject to any condition to which the regulations are expressed to
be subject; and
(d) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Commissioner or the
Minister.
(4) If a code or standard is referred to or incorporated in the
regulations—
(a) a copy of the code or standard must be kept available for inspection
by members of the public, without charge and during normal office hours, at an
office determined by the Minister; and
(b) evidence of the contents of the code or standard may be given in any
legal proceedings by production of a document apparently certified by the
Minister to be a true copy of the code or standard.
Schedule
1—Transitional provisions
1—Existing
hydroponics businesses
(1) Subject to this clause, a person who, immediately before the
commencement of this clause, was carrying on the business of selling hydroponic
equipment by retail and who is not a person who must be refused a licence under
section 11(4)(a), (b) or (d) may—
(a) carry on the business of selling prescribed equipment by retail;
and
(b) hold himself or herself out as carrying on such a business;
and
(c) carry out prescribed duties (within the meaning of section 15) in
relation to the sale of prescribed equipment by retail,
as if he or she were licensed under section 11.
(2) A person may only carry on the business of selling prescribed
equipment by retail pursuant to this clause until—
(a) the Commissioner issues a hydroponic equipment dealer's licence to the
person under section 11; or
(b) the Commissioner refuses to issue a hydroponic equipment dealer's
licence to the person under section 11; or
(c) the expiration of 3 months after the commencement of this
clause,
whichever occurs first.