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.