South Australian Numbered Acts

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HYDROPONICS INDUSTRY CONTROL ACT 2009 (NO 49 OF 2009) - SECT 15

15—Requirement for approval

        (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.



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