Hydroponics Industry Control Regulations 2025

These regulations may be cited as the

Hydroponics Industry Control

Regulations 2025.

These regulations come into operation on the day on which they are made.

In these regulations—

Act means the Hydroponics Industry Control

Act 2009;

prescribed duties—see regulation 8;

prescribed record keeping location—see regulation 11;

simple cannabis offence has the same meaning as in section 45A of the Controlled

Substances Act 1984;

simple possession offence has the same meaning as in the Controlled Substances

Act 1984.

For the purposes of these regulations, a reference to the

residential address of a person will be taken not to include a reference to an address consisting of a post office box.

The Minister may, from time to time, by notice in the Gazette, publish or adopt a code of practice to be followed by licence holders in relation to the sale of prescribed equipment by retail.

A licence holder must not contravene a code of practice published or adopted under this regulation. Maximum penalty: Maximum penalty: $2 500. Expiation fee: $210.

For the purposes of the definition of prescribed equipment in section 3 of the Act, the following hydroponic equipment is declared to be prescribed equipment:

metal halide lights, high pressure sodium lights and mercury vapour lights of 400 watts or greater;

light‑emitting diode (LED) lights of 100 watts or greater;

ballast boxes designed or intended for use in association with a light of a kind referred to in paragraph (a) or (b);

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 paragraph (a) or (b);

carbon filters designed to filter air within a room, or from 1 area of a building to another or to outside;

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.

For the purposes of section 4(1)(b) of the Act, the amount of $2 400 is prescribed.

For the purposes of section 11(2)(c) of the Act, each director of an applicant must be identified by the applicant providing to the

Commissioner, in a manner and form determined by the Commissioner—

the full name, residential address and date of birth of each director of the applicant; and

any other information reasonably required by the Commissioner for the purpose of verifying the identity of each director of the applicant.

For the purposes of section 11(2)(d)(iii) of the Act, any other information reasonably required by the Commissioner for the purposes of determining the relevant application for a hydroponic equipment dealer's licence is prescribed.

For the purposes of section 11(4)(a)(i) and (b)(i) of the

Act, the following offences are prescribed:

an offence against the Act, or a law of the Commonwealth or another

State or Territory corresponding to the Act;

an offence (other than a simple possession offence or a simple cannabis offence) against Part 5 of the Controlled Substances

Act 1984;

an offence (other than an offence corresponding to a simple possession offence or a simple cannabis offence) against a law of the

Commonwealth or of another State or Territory corresponding to Part 5 of the Controlled Substances

Act 1984;

an offence against section 17A, 17B or 17C of the

Controlled Substances

Act 1984;

an offence against a law of the Commonwealth or of another State or

Territory corresponding to section 17A, 17B or 17C of the

Controlled Substances

Act 1984;

an offence against section 9B of the

Summary Offences

Act 1953;

conspiracy to commit, or an attempt to commit, an offence referred to in a preceding paragraph.

For the purposes of the Act, a person carries out

prescribed duties in relation to the sale of prescribed equipment by retail if the person—

—

sells, or takes any part in the sale of, prescribed equipment by retail pursuant to a hydroponic equipment dealer's licence; or

purchases or orders prescribed equipment for, or on behalf of, the holder of a hydroponic equipment dealer's licence; or

provides services of any kind in relation to the sale of prescribed equipment to a customer or potential customer of the holder of a hydroponic equipment dealer's licence, whether the licence holder is the person's employer or otherwise;

or

being an employee of the holder of a hydroponic equipment dealer's licence, delivers prescribed equipment to, or for, or on behalf of, the licence holder.

For the purposes of section 17(2)(c)(ii) of the Act, any other information reasonably required by the Commissioner for the purposes of determining the relevant application for approval as a hydroponics industry employee is prescribed.

For the purposes of section 17(4)(a) of the Act, the following offences are prescribed:

an offence against the Act, or a law of the Commonwealth or another

State or Territory corresponding to the Act;

an offence (other than a simple possession offence or a simple cannabis offence) against Part 5 of the Controlled Substances

Act 1984;

an offence (other than an offence corresponding to a simple possession offence or a simple cannabis offence) against a law of the

Commonwealth or of another State or Territory corresponding to Part 5 of the Controlled Substances

Act 1984;

an offence against section 17A, 17B or 17C of the

Controlled Substances

Act 1984;

an offence against a law of the Commonwealth or of another State or

Territory corresponding to section 17A, 17B or 17C of the

Controlled Substances

Act 1984;

an offence against section 9B of the

Summary Offences

Act 1953;

conspiracy to commit, or an attempt to commit, an offence referred to in a preceding paragraph.

For the purposes of section 21 of the Act, a purchaser produces identification that complies with this regulation if the identification consists of—

1 of the following kinds of identification:

a current photographic driver's licence issued under the

Motor Vehicles

Act 1959 or under a corresponding law of another State or a Territory;

a passport issued by the Commonwealth or under the law of another country, bearing a photograph of the person (being a current passport or a passport that has been expired for not more than 2 years);

a current photographic Proof of Age card issued by the Registrar of

Motor Vehicles or by a corresponding public authority of the Commonwealth or another State or a Territory;

a current photographic firearms licence;

a current photographic licence or photographic permit issued under a law of the Commonwealth or a State or Territory;

a photographic student identification card issued by an Australian educational institution; and

2 of the following kinds of identification:

a certified copy of, or extract from, a register of births kept under an Australian law, or under the law of the country in which the purchaser was born;

a document issued or addressed to the purchaser by the Commonwealth or a State or Territory;

a document showing the name and residential address of the purchaser issued by a public utility, a bank or credit union or a similar body;

an identification card in the purchaser's name issued by the person’s employer;

an identification card in the purchaser's name issued by a professional or trade association;

any other document determined by the Commissioner to be a document included in the ambit of this paragraph.

For the purposes of these regulations, the prescribed record keeping location of a licence holder will be taken to be—

in the case of a licence holder carrying on the business of selling prescribed equipment by retail at particular premises—those premises;

or

in any other case—the premises specified by the Commissioner by notice in writing given to the licence holder.

A licence holder must not change their prescribed record keeping location except with the written approval of the Commissioner (which must not be unreasonably withheld).

For the purposes of section 23(1) of the Act, the following information is required:

the name, address and business name (if any) of the licence holder;

the place at which the prescribed transaction occurred;

the date and time of the prescribed transaction;

a description of the prescribed equipment involved in the transaction (including, to avoid doubt, the quantity of prescribed equipment involved in the transaction);

if the prescribed transaction was a sale of prescribed equipment—

the full name, residential address and date of birth of the purchaser of the prescribed equipment; and

details of the identification produced by the purchaser for the purposes of compliance with section 21 of the Act; and

the name of the person to whom the purchaser produced the identification;

if the prescribed transaction was a purchase of prescribed equipment—the name and address of the person from whom the prescribed equipment was purchased;

the name of each approved person who takes part in the prescribed transaction.

A licence holder must keep the information required to be kept under section 23(1) of the Act—

at the licence holder's prescribed record keeping location;

and

for a period of not less than 7 years after the date on which the record is made.

The information required to be kept under section 23(1) of the Act may be kept in written or electronic form.

For the purposes of section 23(3) of the Act, the

prescribed particulars in respect of a prescribed transaction is—

in the case of a prescribed transaction consisting of the purchase of prescribed equipment—the information referred to in subregulation (1)(c) and (f); or

in any other case—the information referred to in subregulation (1)(a) to (e) (inclusive).

For the purposes of section 23(3) of the Act, the prescribed particulars in respect of a prescribed transaction must be transferred to the

Commissioner in accordance with the following provisions:

the prescribed particulars must be transferred to the Commissioner within 72 hours of the prescribed transaction occurring;

the prescribed particulars must be transferred to the Commissioner in a manner and form determined from time to time by the Commissioner by notice in the Gazette.