South Australian Numbered Acts South Australian Numbered Acts11—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.