The Hydroponics Industry Control Act, 2009 commenced operation on 1 March 2010. There was a transitional period of 3 months from this date. People selling prescribed equipment by retail after 31 May 2010 must be licensed or exempted pursuant to the Act. The licensing scheme is administered by the Commissioner of South Australia Police.

Section 11 of the Act includes provisions relating to the issue of hydroponic equipment dealer's licences. Subsection 11(4) requires the Commissioner to refuse to issue a licence in specified circumstances. The Commissioner must refuse a licence:

(a)	if the applicant is a natural person-
	(i) if the person has been found guilty of a prescribed offence within the 5 years immediately preceding the application; or (ii) if the person is subject to a control order (within the meaning of the Serious and Organised Crime (Control) Act 2008); or
(b)	if the applicant is a body corporate-
	(i) if any director of the applicant has been found guilty of a prescribed offence within the 5 years immediately preceding the application; or (ii) if any director of the applicant 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 grant the application 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.

A full list of the 'prescribed offences' is contained within Regulation 7(3) of Hydroponics Industry Control Regulations 2010.  In summary these offences include:

• any offence against Part 5 of the Controlled Substances Act, including, other than simple possession, offences relating to possession, trafficking, manufacturing, producing or supply of controlled drugs, plants or equipment;
• manufacturing, sale or supply or possession or storage of precursors;
• sale of drug paraphernalia;
• offences of a like kind in any corresponding legislation from any State or Territory;
• conspiracy, or attempting, any of the above offences.

If you are unsure as to the legal consequences of the legislation, it is recommended you seek independent legal advice.

Any further enquiries can be made via the Licensing Enforcement Branch, who can be contacted at: sapol.hydroponics@police.sa.gov.au or by telephone (08) 8204 2142. (changed)