(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—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.