South Australian Numbered Acts

HYDROPONICS INDUSTRY CONTROL ACT 2009 (NO 49 OF 2009) - SECT 17

17—Commissioner may approve hydroponics industry employees

        (1)         The Commissioner may, on application by a natural person, approve the person as a hydroponics industry employee.

        (2)         An application for approval 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)         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)         any other information prescribed by the regulations.

        (3)         The Commissioner must not approve a person unless the Commissioner is satisfied that the person is a fit and proper person to be involved in the sale of prescribed equipment by retail.

        (4)         The Commissioner must refuse to approve a person—

            (a)         if the person has been found guilty of a prescribed offence within the 5 years immediately preceding the application for approval; or

            (b)         if the person 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 approve the person as a hydroponics industry employee 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 approve a person, 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)         An approval is subject to such conditions as may be specified by the Commissioner in the approval.

        (7)         The Commissioner may, by notice in writing given to an approved person, vary or revoke a condition of the approval, or impose a new condition, on any grounds the Commissioner thinks fit.

        (8)         An approved person who contravenes or fails to comply with a condition of his or her approval is guilty of an offence.

Maximum penalty: $20 000.

        (9)         An approved person may, at any time, by notice in writing to the Commissioner, surrender the approval, at which time the approval ceases to have effect.