Hydroponics Industry Control Act 2009 (SA)

South Australia Hydroponics Industry Control Act 2009 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 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 Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Hydroponics Industry Control Act 2009. 3—Interpretation 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. 6—Delegation 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. 7—Criminal intelligence (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. 8—Non‑derogation The provisions of this Act are in addition to, and do not derogate from, the provisions of any other Act. 9—Exemptions (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.