Section (9) of the Hydroponics Industry Control Act, 2009 will allow the Minister for Police to grant exemptions from the Act. The process of exemption exists as it is recognised that some of the proposed items of prescribed equipment have legitimate uses not related to the retail hydroponics industry. This may include use in lighting, major electrical and hardware businesses. In these cases, and subject to the circumstances in which the items are sold, the Minister may consider granting an exemption to particular businesses.

The requirement to be licensed under the Hydroponics Industry Control Act relates to carrying on the business of selling prescribed equipment by retail. This includes selling such equipment by way of an internet site. Businesses who sell prescribed equipment by wholesale only will not need to be licensed or granted an exemption.

Under Regulations the following hydroponic equipment is declared to be prescribed equipment:

(a)	metal halide lights, high pressure sodium lights and mercury vapour lights of 400 watts or greater;
(b)	ballast boxes designed or intended for use in association with a light of a kind referred to in (a);
(c)	devices (including control gear, lamp mounts and reflectors) designed to amplify light or heat and capable of being used in association with a light of a kind referred to in (a);
(d)	carbon filters designed to filter air within a room, or from 1 area of a building to another or to outside;
(e)	units designed to contain plants and rotate around a light source so that the plants grow hydroponically while being exposed to a consistent degree of light or heat or both.

Under the Act hydroponic equipment means - equipment that is designed to be used, or is of a kind that is commonly used, for a purpose related to the cultivation of plants using hydroponic methods.

Before making a decision about an exemption, the Act will require the Minister to consult with the Commissioner of Police. Some of the considerations to grant an exemption or not may include:

• the person or business is not currently trading as a retail Hydroponics business;
• the person or business does not advertise or promote the sale of prescribed equipment for the purpose of hydroponic cultivation of plants;
• the primary purpose and nature of the business;
• the customer base of the business;
• any other relevant information.

Information required as part of the application to the Minister should include:

• the name and address of the business or person;
• details of trading name(s) and address(es) of the business;
• history of the business including establishment date;
• contact details for the applicant;
• the nature and type of business conducted;
• prescribed equipment currently sold;
• prescribed equipment intended to be sold after the commencement of the Act;
• the grounds and any other relevant information for seeking the exemption.

It is an offence to supply false or misleading information as part of the application for an exemption.

An application for a Ministerial Exemption should be made either by letter or using the Ministerial Exemption guide. All applications should be sent to the Officer in Charge, Licensing Enforcement Branch, GPO Box 1539, ADELAIDE SA 5001.

Please Note:

A three (3) month transition period was in place from 1 March 2010 until 31 May 2010 during which time retailers of prescribed hydroponic equipment (other than those who must be refused a licence) were exempted from various provisions of the Act. As of 1 June 2010, all persons selling prescribed hydroponics equipment by retail who have not either been issued a licence or granted a ministerial exemption, will be prohibited from carrying on the business of selling prescribed hydroponic equipment by retail.

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

For further enquiries regarding the Ministerial Exemption contact can be made via the Licensing Enforcement Branch, who can be contacted at: sapol.hydroponics@police.sa.gov.au or by telephone (08) 732 23342.