South Australian Numbered Acts

HYDROPONICS INDUSTRY CONTROL ACT 2009 (NO 49 OF 2009) - SECT 4

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.