Hydroponics Industry Control Regulations 2010 (SA)

South Australia

Hydroponics Industry Control Regulations 2010

under the Hydroponics Industry Control Act 2009

1Short title

These regulations may be cited as the Hydroponics Industry Control Regulations 2010.

3Interpretation

1. (1)

   In these regulations—

Act means the Hydroponics Industry Control Act 2009;

prescribed duties—see regulation 8;

prescribed record keeping location—see regulation 11;

simple cannabis offence has the same meaning as in section 45A of the Controlled Substances Act 1984;

simple possession offence has the same meaning as in the Controlled Substances Act 1984.

1. (2)

   For the purposes of these regulations, a reference to the residential address of a person will be taken not to include a reference to an address consisting of a post office box.

4Code of conduct

1. (1)

   The Minister may, from time to time, by notice in the Gazette, publish or adopt a code of practice to be followed by licence holders in relation to the sale of prescribed equipment by retail.

2. (2)

   A licence holder must not contravene a code of practice published or adopted under this regulation.

Maximum penalty: $2 500.

Expiation fee: $210.

5Prescribed equipment

For the purposes of the definition of prescribed equipment in section 3 of the Act, the following hydroponic equipment is declared to be prescribed equipment:

1. (a)

   metal halide lights, high pressure sodium lights and mercury vapour lights of 400 watts or greater;

2. (b)

   ballast boxes designed or intended for use in association with a light of a kind referred to in paragraph (a);

3. (c)

   devices (including control gear, lamp mounts and reflectors) designed to amplify light or heat and capable of being used in association with a light of a kind referred to in paragraph (a);

4. (d)

   carbon filters designed to filter air within a room, or from 1 area of a building to another or to outside;

5. (e)

   units designed to contain plants and rotate around a light source so that the plants grow hydroponically while being exposed to a consistent degree of light or heat or both.

6Carrying on business of selling prescribed equipment by retail

For the purposes of section 4(1)(b) of the Act, the amount of $2 400 is prescribed.

7Hydroponic equipment dealer's licence

1. (1)

   For the purposes of section 11(2)(c) of the Act, each director of an applicant must be identified by the applicant providing to the Commissioner, in a manner and form determined by the Commissioner—

   1. (a)

      the full name, residential address and date of birth of each director of the applicant; and

   2. (b)

      any other information reasonably required by the Commissioner for the purpose of verifying the identity of each director of the applicant.

2. (2)

   For the purposes of section 11(2)(d)(iii) of the Act, any other information reasonably required by the Commissioner for the purposes of determining the relevant application for a hydroponic equipment dealer's licence is prescribed.

3. (3)

   For the purposes of section 11(4)(a)(i) and (b)(i) of the Act, the following offences are prescribed:

   1. (a)

      an offence against the Act, or a law of the Commonwealth or another State or Territory corresponding to the Act;

   2. (b)

      an offence (other than a simple possession offence or a simple cannabis offence) against Part 5 of the Controlled Substances Act 1984;

   3. (c)

      an offence (other than an offence corresponding to a simple possession offence or a simple cannabis offence) against a law of the Commonwealth or of another State or Territory corresponding to Part 5 of the Controlled Substances Act 1984;

   4. (d)

      an offence against section 17A, 17B or 17C of the Controlled Substances Act 1984;

   5. (e)

      an offence against a law of the Commonwealth or of another State or Territory corresponding to section 17A, 17B or 17C of the Controlled Substances Act 1984;

   6. (f)

      an offence against section 9B of the Summary Offences Act 1953;

   7. (g)

      conspiracy to commit, or an attempt to commit, an offence referred to in a preceding paragraph.

8Prescribed duties

For the purposes of the Act, a person carries out prescribed duties in relation to the sale of prescribed equipment by retail if the person—

1. (a)

   —

   1. (i)

      sells, or takes any part in the sale of, prescribed equipment by retail pursuant to a hydroponic equipment dealer's licence; or

   2. (ii)

      purchases or orders prescribed equipment for, or on behalf of, the holder of a hydroponic equipment dealer's licence; or

   3. (iii)

      provides services of any kind in relation to the sale of prescribed equipment to a customer or potential customer of the holder of a hydroponic equipment dealer's licence,

whether the licence holder is the person's employer or otherwise; or

1. (b)

   being an employee of the holder of a hydroponic equipment dealer's licence, delivers prescribed equipment to, or for, or on behalf of, the licence holder.

9Approval of hydroponics industry employees

1. (1)

   For the purposes of section 17(2)(c)(ii) of the Act, any other information reasonably required by the Commissioner for the purposes of determining the relevant application for approval as a hydroponics industry employee is prescribed.

2. (2)

   For the purposes of section 17(4)(a) of the Act, the following offences are prescribed:

   1. (a)

      an offence against the Act, or a law of the Commonwealth or another State or Territory corresponding to the Act;

   2. (b)

      an offence (other than a simple possession offence or a simple cannabis offence) against Part 5 of the Controlled Substances Act 1984;

   3. (c)

      an offence (other than an offence corresponding to a simple possession offence or a simple cannabis offence) against a law of the Commonwealth or of another State or Territory corresponding to Part 5 of the Controlled Substances Act 1984;

   4. (d)

      an offence against section 17A, 17B or 17C of the Controlled Substances Act 1984;

   5. (e)

      an offence against a law of the Commonwealth or of another State or Territory corresponding to section 17A, 17B or 17C of the Controlled Substances Act 1984;

   6. (f)

      an offence against section 9B of the Summary Offences Act 1953;

   7. (g)

      conspiracy to commit, or an attempt to commit, an offence referred to in a preceding paragraph.

10Identification of purchasers

For the purposes of section 21 of the Act, a purchaser produces identification that complies with this regulation if the identification consists of—

1. (a)

   1 of the following kinds of identification:

   1. (i)

      a current photographic driver's licence issued under the Motor Vehicles Act 1959 or under a corresponding law of another State or a Territory;

   2. (ii)

      a passport issued by the Commonwealth or under the law of another country, bearing a photograph of the person (being a current passport or a passport that has been expired for not more than 2 years);

   3. (iii)

      a current photographic Proof of Age card issued by the Registrar of Motor Vehicles or by a corresponding public authority of the Commonwealth or another State or a Territory;

   4. (iv)

      a current photographic firearms licence;

   5. (v)

      a current photographic licence or photographic permit issued under a law of the Commonwealth or a State or Territory;

   6. (vi)

      a photographic student identification card issued by an Australian educational institution; and

2. (b)

   2 of the following kinds of identification:

   1. (i)

      a certified copy of, or extract from, a register of births kept under an Australian law, or under the law of the country in which the purchaser was born;

   2. (ii)

      a document issued or addressed to the purchaser by the Commonwealth or a State or Territory;

   3. (iii)

      a document showing the name and residential address of the purchaser issued by a public utility, a bank or credit union or a similar body;

   4. (iv)

      an identification card in the purchaser's name issued by the person’s employer;

   5. (v)

      an identification card in the purchaser's name issued by a professional or trade association;

   6. (vi)

      any other document determined by the Commissioner to be a document included in the ambit of this paragraph.

11Prescribed record keeping location

1. (1)

   For the purposes of these regulations, the prescribed record keeping location of a licence holder will be taken to be—

   1. (a)

      in the case of a licence holder carrying on the business of selling prescribed equipment by retail at particular premises—those premises; or

   2. (b)

      in any other case—the premises specified by the Commissioner by notice in writing given to the licence holder.

2. (2)

   A licence holder must not change his or her prescribed record keeping location except with the written approval of the Commissioner (which must not be unreasonably withheld).

12Records of prescribed transactions

1. (1)

   For the purposes of section 23(1) of the Act, the following information is required:

   1. (a)

      the name, address and business name (if any) of the licence holder;

   2. (b)

      the place at which the prescribed transaction occurred;

   3. (c)

      the date and time of the prescribed transaction;

   4. (d)

      a description of the prescribed equipment involved in the transaction (including, to avoid doubt, the quantity of prescribed equipment involved in the transaction);

   5. (e)

      if the prescribed transaction was a sale of prescribed equipment—

      1. (i)

         the full name, residential address and date of birth of the purchaser of the prescribed equipment; and

      2. (ii)

         details of the identification produced by the purchaser for the purposes of compliance with section 21 of the Act; and

      3. (iii)

         the name of the person to whom the purchaser produced the identification;

   6. (f)

      if the prescribed transaction was a purchase of prescribed equipment—the name and address of the person from whom the prescribed equipment was purchased;

   7. (g)

      the name of each approved person who takes part in the prescribed transaction.

2. (2)

   A licence holder must keep the information required to be kept under section 23(1) of the Act—

   1. (a)

      at the licence holder's prescribed record keeping location; and

   2. (b)

      for a period of not less than 7 years after the date on which the record is made.

3. (3)

   The information required to be kept under section 23(1) of the Act may be kept in written or electronic form.

4. (4)

   For the purposes of section 23(3) of the Act, the prescribed particulars in respect of a prescribed transaction is—

   1. (a)

      in the case of a prescribed transaction consisting of the purchase of prescribed equipment—the information referred to in subregulation (1)(c) and (f); or

   2. (b)

      in any other case—the information referred to in subregulation (1)(a) to (e) (inclusive).

5. (5)

   For the purposes of section 23(3) of the Act, the prescribed particulars in respect of a prescribed transaction must be transferred to the Commissioner in accordance with the following provisions:

   1. (a)

      the prescribed particulars must be transferred to the Commissioner within 72 hours of the prescribed transaction occurring;

   2. (b)

      the prescribed particulars must be transferred to the Commissioner in a manner and form determined from time to time by the Commissioner by notice in the Gazette.

13Staffing records

1. (1)

   For the purposes of section 24 of the Act, a licence holder must make a record of the full name, date of birth and residential address of each person working in, or for the purposes of, the licence holder's business (whether or not the person is an approved person).

2. (2)

   A licence holder must keep a record required to be kept under section 24 of the Act—

   1. (a)

      at the licence holder's prescribed record keeping location; and

   2. (b)

      for a period of not less than 7 years after the date on which the record is made.

14Annual fees and returns

1. (1)

   An applicant for the issue of a hydroponics equipment dealer's licence, or for approval as a hydroponics industry employee, must, at the time of application, pay to the Commissioner the annual fee prescribed for the purposes of the Act that would be payable if the application were granted.

2. (2)

   If an application referred to in subregulation (1) is not granted by the Commissioner, the Commissioner must refund the annual fee paid under that subregulation to the applicant.

3. (3)

   Each licence holder, and each approved person, must, in each year—

   1. (a)

      pay to the Commissioner the annual fee fixed by these regulations; and

   2. (b)

      lodge with the Commissioner a return in the manner and form required by the Commissioner.

4. (4)

   Each licence holder, and each approved person, must pay the annual fee and lodge the return on or before—

   1. (a)

      the last day of the month in each year nominated in writing to the licence holder or person by the Commissioner; or

   2. (b)

      if the Commissioner does not nominate a month—the last day of the month in each year that is the same month as the month in which the licence holder's licence was granted, or the person approved.

5. (5)

   If a licence holder or approved person fails to pay the annual fee or lodge the return in accordance with this regulation, the Commissioner may, by notice in writing, require the licence holder or person to make good the default and, in addition, to pay to the Commissioner the amount prescribed for the purposes of the Act as a penalty for default.

6. (6)

   If the licence holder or approved person fails to comply with a notice under subregulation (5) within 28 days after service of the notice, the licence holder's licence or the person's approval (as the case requires) is revoked.

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations and variations

  New entries appear in bold.

  Year	No	Reference	Commencement
  2010	2	Gazette 14.1.2010 p60	1.3.2010:  r 2
  2010	66	Gazette 10.6.2010 p2726	1.7.2010: r 2
  2011	51	Gazette 9.6.2011 p2045	1.7.2011: r 2
  2012	95	Gazette 31.5.2012 p2398	1.7.2012: r 2
  2013	50	Gazette 6.6.2013 p2103	1.7.2013: r 2
  2014	89	Gazette 19.6.2014 p2534	1.7.2014: r 2
  2015	98	Gazette 18.6.2015 p2658	1.7.2015: r 2
  2016	69	Gazette 23.6.2016 p2179	1.7.2016: r 2
  2017	183	Gazette 22.6.2017 p2485	1.7.2017: r 2
  2018	131	Gazette 21.6.2018 p2357	1.7.2018: r 2
  2019	133	Gazette 13.6.2019 p2024	1.7.2019: r 2
  2020	189	Gazette 4.6.2020 p3057	1.7.2020: r 2

  Provisions varied

  New entries appear in bold.

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  r 2	omitted under Legislation Revision and Publication Act 2002	1.7.2010
  r 14
  r 14(1)	varied by 189/2020 r 4(1)	1.7.2020
  r 14(5)	varied by 189/2020 r 4(2)	1.7.2020
  r 15	deleted by 189/2020 r 5	1.7.2020
  Sch 1	substituted by 66/2010 r 4	1.7.2010
  substituted by 51/2011 r 4	1.7.2011
  substituted by 95/2012 r 4	1.7.2012
  substituted by 50/2013 r 4	1.7.2013
  substituted by 89/2014 r 4	1.7.2014
  substituted by 98/2015 r 4	1.7.2015
  substituted by 69/2016 r 4	1.7.2016
  substituted by 183/2017 r 4	1.7.2017
  substituted by 131/2018 r 4	1.7.2018
  substituted by 133/2019 r 4	1.7.2019
  deleted by 189/2020 r 6	1.7.2020
  Sch 2	expired: Sch 2 cl 4—omitted under Legislation Revision and Publication Act 2002	(2.6.2010)

  Historical versions

  1.7.2010

  1.7.2011

  1.7.2012

  1.7.2013

  1.7.2014

  1.7.2015

  1.7.2016

  1.7.2017

  1.7.2018

  1.7.2019