{"id":"hydroponics-industry-control-regulations-2025","name":"Hydroponics Industry Control Regulations 2025","slug":"hydroponics-industry-control-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235655,"registerId":"sa-hydroponics-industry-control-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Hydroponics Industry Control Regulations 2025","content":"South Australia\nHydroponics Industry Control Regulations 2025\nunder the Hydroponics Industry Control Act 2009\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tCode of conduct\n5\tPrescribed equipment\n6\tCarrying on business of selling prescribed equipment by retail\n7\tHydroponic equipment dealer's licence\n8\tPrescribed duties\n9\tApproval of hydroponics industry employees\n10\tIdentification of purchasers\n11\tPrescribed record keeping location\n12\tRecords of prescribed transactions\n13\tStaffing records\n14\tAnnual fees and returns\nSchedule 1—Repeal of Hydroponics Industry Control Regulations 2010\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Hydroponics Industry Control Regulations 2025.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\n\t(1)\tIn these regulations—\nAct means the Hydroponics Industry Control Act 2009;\nprescribed duties—see regulation 8;\nprescribed record keeping location—see regulation 11;\nsimple cannabis offence has the same meaning as in section 45A of the Controlled Substances Act 1984;\nsimple possession offence has the same meaning as in the Controlled Substances Act 1984.\n\t(2)\tFor 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.\n4—Code of conduct\n\t(1)\tThe 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.\n\t(2)\tA licence holder must not contravene a code of practice published or adopted under this regulation.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n5—Prescribed equipment\nFor the purposes of the definition of prescribed equipment in section 3 of the Act, the following hydroponic equipment is declared to be prescribed equipment:\n\t(a)\tmetal halide lights, high pressure sodium lights and mercury vapour lights of 400 watts or greater;\n\t(b)\tlight‑emitting diode (LED) lights of 100 watts or greater;\n\t(c)\tballast boxes designed or intended for use in association with a light of a kind referred to in paragraph (a) or (b);\n\t(d)\tdevices (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);\n\t(e)\tcarbon filters designed to filter air within a room, or from 1 area of a building to another or to outside;\n\t(f)\tunits 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.\n6—Carrying on business of selling prescribed equipment by retail\nFor the purposes of section 4(1)(b) of the Act, the amount of $2 400 is prescribed.\n7—Hydroponic equipment dealer's licence\n\t(1)\tFor 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—\n\t(a)\tthe full name, residential address and date of birth of each director of the applicant; and\n\t(b)\tany other information reasonably required by the Commissioner for the purpose of verifying the identity of each director of the applicant.\n\t(2)\tFor 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.\n\t(3)\tFor the purposes of section 11(4)(a)(i) and (b)(i) of the Act, the following offences are prescribed:\n\t(a)\tan offence against the Act, or a law of the Commonwealth or another State or Territory corresponding to the Act;\n\t(b)\tan offence (other than a simple possession offence or a simple cannabis offence) against Part 5 of the Controlled Substances Act 1984;\n\t(c)\tan 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;\n\t(d)\tan offence against section 17A, 17B or 17C of the Controlled Substances Act 1984;\n\t(e)\tan 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;\n\t(f)\tan offence against section 9B of the Summary Offences Act 1953;\n\t(g)\tconspiracy to commit, or an attempt to commit, an offence referred to in a preceding paragraph.\n8—Prescribed duties\nFor the purposes of the Act, a person carries out prescribed duties in relation to the sale of prescribed equipment by retail if the person—\n\t(a)\t—\n\t(i)\tsells, or takes any part in the sale of, prescribed equipment by retail pursuant to a hydroponic equipment dealer's licence; or\n\t(ii)\tpurchases or orders prescribed equipment for, or on behalf of, the holder of a hydroponic equipment dealer's licence; or\n\t(iii)\tprovides 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,\nwhether the licence holder is the person's employer or otherwise; or\n\t(b)\tbeing 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.\n9—Approval of hydroponics industry employees\n\t(1)\tFor 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.\n\t(2)\tFor the purposes of section 17(4)(a) of the Act, the following offences are prescribed:\n\t(a)\tan offence against the Act, or a law of the Commonwealth or another State or Territory corresponding to the Act;\n\t(b)\tan offence (other than a simple possession offence or a simple cannabis offence) against Part 5 of the Controlled Substances Act 1984;\n\t(c)\tan 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;\n\t(d)\tan offence against section 17A, 17B or 17C of the Controlled Substances Act 1984;\n\t(e)\tan 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;\n\t(f)\tan offence against section 9B of the Summary Offences Act 1953;\n\t(g)\tconspiracy to commit, or an attempt to commit, an offence referred to in a preceding paragraph.\n10—Identification of purchasers\nFor the purposes of section 21 of the Act, a purchaser produces identification that complies with this regulation if the identification consists of—\n\t(a)\t1 of the following kinds of identification:\n\t(i)\ta current photographic driver's licence issued under the Motor Vehicles Act 1959 or under a corresponding law of another State or a Territory;\n\t(ii)\ta 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);\n\t(iii)\ta 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;\n\t(iv)\ta current photographic firearms licence;\n\t(v)\ta current photographic licence or photographic permit issued under a law of the Commonwealth or a State or Territory;\n\t(vi)\ta photographic student identification card issued by an Australian educational institution; and\n\t(b)\t2 of the following kinds of identification:\n\t(i)\ta 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;\n\t(ii)\ta document issued or addressed to the purchaser by the Commonwealth or a State or Territory;\n\t(iii)\ta document showing the name and residential address of the purchaser issued by a public utility, a bank or credit union or a similar body;\n\t(iv)\tan identification card in the purchaser's name issued by the person’s employer;\n\t(v)\tan identification card in the purchaser's name issued by a professional or trade association;\n\t(vi)\tany other document determined by the Commissioner to be a document included in the ambit of this paragraph.\n11—Prescribed record keeping location\n\t(1)\tFor the purposes of these regulations, the prescribed record keeping location of a licence holder will be taken to be—\n\t(a)\tin the case of a licence holder carrying on the business of selling prescribed equipment by retail at particular premises—those premises; or\n\t(b)\tin any other case—the premises specified by the Commissioner by notice in writing given to the licence holder.\n\t(2)\tA licence holder must not change their prescribed record keeping location except with the written approval of the Commissioner (which must not be unreasonably withheld).\n12—Records of prescribed transactions\n\t(1)\tFor the purposes of section 23(1) of the Act, the following information is required:\n\t(a)\tthe name, address and business name (if any) of the licence holder;\n\t(b)\tthe place at which the prescribed transaction occurred;\n\t(c)\tthe date and time of the prescribed transaction;\n\t(d)\ta description of the prescribed equipment involved in the transaction (including, to avoid doubt, the quantity of prescribed equipment involved in the transaction);\n\t(e)\tif the prescribed transaction was a sale of prescribed equipment—\n\t(i)\tthe full name, residential address and date of birth of the purchaser of the prescribed equipment; and\n\t(ii)\tdetails of the identification produced by the purchaser for the purposes of compliance with section 21 of the Act; and\n\t(iii)\tthe name of the person to whom the purchaser produced the identification;\n\t(f)\tif the prescribed transaction was a purchase of prescribed equipment—the name and address of the person from whom the prescribed equipment was purchased;\n\t(g)\tthe name of each approved person who takes part in the prescribed transaction.\n\t(2)\tA licence holder must keep the information required to be kept under section 23(1) of the Act—\n\t(a)\tat the licence holder's prescribed record keeping location; and\n\t(b)\tfor a period of not less than 7 years after the date on which the record is made.\n\t(3)\tThe information required to be kept under section 23(1) of the Act may be kept in written or electronic form.\n\t(4)\tFor the purposes of section 23(3) of the Act, the prescribed particulars in respect of a prescribed transaction is—\n\t(a)\tin the case of a prescribed transaction consisting of the purchase of prescribed equipment—the information referred to in subregulation (1)(c) and (f); or\n\t(b)\tin any other case—the information referred to in subregulation (1)(a) to (e) (inclusive).\n\t(5)\tFor 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:\n\t(a)\tthe prescribed particulars must be transferred to the Commissioner within 72 hours of the prescribed transaction occurring;\n\t(b)\tthe 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.\n13—Staffing records\n\t(1)\tFor the purposes of section 24 of the Act, a licence holder must make a record of the full name, date of birth and residential address of each person working in, or for the purposes of, the licence holder's business (whether or not the person is an approved person).\n\t(2)\tA licence holder must keep a record required to be kept under section 24 of the Act—\n\t(a)\tat the licence holder's prescribed record keeping location; and\n\t(b)\tfor a period of not less than 7 years after the date on which the record is made.\n14—Annual fees and returns\n\t(1)\tAn applicant for the issue of a hydroponics equipment dealer's licence, or for approval as a hydroponics industry employee, must, at the time of application, pay to the Commissioner the annual fee prescribed for the purposes of the Act that would be payable if the application were granted.\n\t(2)\tIf an application referred to in subregulation (1) is not granted by the Commissioner, the Commissioner must refund the annual fee paid under that subregulation to the applicant.\n\t(3)\tEach licence holder, and each approved person, must, in each year—\n\t(a)\tpay to the Commissioner the annual fee prescribed for the purposes of the Act; and\n\t(b)\tlodge with the Commissioner a return in the manner and form required by the Commissioner.\n\t(4)\tEach licence holder, and each approved person, must pay the annual fee and lodge the return on or before—\n\t(a)\tthe last day of the month in each year nominated in writing to the licence holder or person by the Commissioner; or\n\t(b)\tif the Commissioner does not nominate a month—the last day of the month in each year that is the same month as the month in which the licence holder's licence was granted, or the person approved.\n\t(5)\tIf a licence holder or approved person fails to pay the annual fee or lodge the return in accordance with this regulation, the Commissioner may, by notice in writing, require the licence holder or person to make good the default and, in addition, to pay to the Commissioner the amount prescribed for the purposes of the Act as a penalty for default.\n\t(6)\tIf the licence holder or approved person fails to comply with a notice under subregulation (5) within 28 days after service of the notice, the licence holder's licence or the person's approval (as the case requires) is revoked.\nSchedule 1—Repeal of Hydroponics Industry Control Regulations 2010\nThe Hydroponics Industry Control Regulations 2010 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2025\n80\nGazette 7.8.2025 p3006 \n7.8.2025: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No legislative text was available to assess. The submitted content is a website error page, not legislation. No scope assessment is possible."},"complexity_factors":["No legislative content was provided — only a website error page was submitted for analysis","Cannot assess complexity of legislation that does not appear to exist or could not be retrieved","Score of 1 reflects absence of content, not simplicity of any actual law"],"plain_english_summary":"## ⚠️ No Legislation Found\n\nThis document does not contain any actual legislation. What was provided is a **404 'Page Not Found' error** from the South Australian legislation website (legislation.sa.gov.au).\n\nThe page could not be retrieved — most likely because:\n- The link or bookmark used to access it was created **before 24 March 2026** and is no longer compatible with the updated website\n- The legislation may have been moved, renamed, or may not exist\n\n**No analysis of the 'Hydroponics Industry Control Regulations 2025' is possible** because no legislative text was actually provided. If you need to find this legislation, try:\n1. Visiting [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for it\n2. Emailing OPCWeb@sa.gov.au to report the broken link"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"These regulations operationalise the Act by specifying which items count as 'prescribed equipment' (reg 5), fixing the $2,400 retail threshold (reg 6), prescribing application and identity‑verification requirements and disqualifying offences (regs 7, 9, 10), and imposing detailed record‑keeping, reporting timelines and fee regimes (regs 11–14). They also repeal the 2010 regulations (Schedule 1). In short, they transform the Act's framework into concrete obligations, fees and administrative discretions."},"complexity_factors":["Detailed technical definitions and thresholds for prescribed equipment (reg 5) that affect what goods are regulated.","Specific monetary threshold for retail activity ($2,400) that determines licensing obligations (reg 6).","Identity‑verification regime with primary and secondary ID lists and documentary rules (reg 10).","Extensive record‑keeping obligations: content, 7‑year retention, prescribed record location and 72‑hour reporting (reg 11–12).","Commissioner discretion to determine forms, approve identities, set record locations and require additional information (regs 7(1)(b), 9(1), 11(1)(b), 12(5)(b)).","Prescribed disqualifying offences and criminal‑history checks for applicants and employees (regs 7(3), 9(2)).","Administrative sanctions and automatic revocation for non‑payment or non‑compliance (reg 14(5)–(6)).","Interaction and cross‑reference with the Act and other statutes (Controlled Substances Act 1984, Summary Offences Act 1953), increasing interpretive complexity."],"plain_english_summary":"These regulations set out detailed rules for licensing, sale and record‑keeping of specified hydroponic equipment: they list which lights and devices are \"prescribed\", set a $2,400 retail threshold, and require dealer licences and employee approvals. Licence holders and approved persons pay annual fees (r14), must keep transaction and staffing records for 7 years and transfer prescribed particulars within 72 hours (r12–13), and the Commissioner controls identity checks, approvals, record locations and the forms or manner of reporting (r7,9,11,12)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: controlling the retail sale of hydroponic equipment to prevent diversion to illegal cannabis cultivation. The 2025 version updates equipment definitions (notably adding LED specifications) and modernises administrative procedures, but does not expand beyond the established regulatory framework of licensing, employee approval, and transaction monitoring."},"complexity_factors":["Moderate cross-referencing to the Hydroponics Industry Control Act 2009 and Controlled Substances Act 1984 (multiple sections referenced)","Nested conditional logic in identification requirements (regulation 10): primary ID from one list plus secondary ID from another list","Defined terms rely on external statutory definitions ('simple cannabis offence', 'simple possession offence' from Controlled Substances Act)","Prescribed offences listed across 7 categories in regulations 7(3) and 9(2), including corresponding laws of other jurisdictions","Multiple time-bound obligations (72-hour reporting window, 7-year record retention, 28-day compliance notice period)","Conditional location rules for record keeping (premises-based vs Commissioner-specified)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations control who can sell hydroponic equipment in South Australia and how they must do it. \"Hydroponic equipment\" here means high-powered grow lights, ballasts, carbon filters, and rotating plant units — gear that can be used for legal gardening but is also commonly used to grow cannabis illegally.\n\n**Who it affects:**\n\n- **Hydroponic retailers** — anyone selling prescribed equipment by retail must hold a special licence\n- **Employees** — anyone working in these businesses must be approved by the Commissioner\n- **Customers** — anyone buying this equipment must show ID and have their details recorded\n\n**Key requirements:**\n\n- **Licences**: Dealers need a licence, and directors must provide full identity details including residential address and date of birth\n- **Employee approval**: Staff must be approved, and certain criminal convictions (drug trafficking, serious offences) disqualify them\n- **Customer ID**: Buyers must show photo ID (driver's licence, passport, etc.) plus supporting documents\n- **Record keeping**: Sellers must record every transaction — who bought what, when, and where — and keep records for 7 years\n- **Reporting**: Transaction details must be sent to the Commissioner within 72 hours\n- **Fees**: Annual fees apply for both dealers and approved employees\n\n**Why it matters:**\n\nThis is a crime-prevention scheme. By tracking who buys high-powered grow equipment, police can trace potential cannabis cultivation operations. The regulations balance legitimate horticultural use against the reality that this equipment is frequently used for illegal drug production. Breaches can result in fines up to $2,500 or licence revocation.\n\nThe regulations replace the 2010 version and update the equipment definitions (adding LED lights of 100W+) and administrative processes."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/hydroponics-industry-control-regulations-2025","history":"/api/acts/hydroponics-industry-control-regulations-2025/history","analysis":"/api/acts/hydroponics-industry-control-regulations-2025/analysis","conflicts":"/api/acts/hydroponics-industry-control-regulations-2025/conflicts","importantCases":"/api/acts/hydroponics-industry-control-regulations-2025/important-cases","documents":"/api/acts/hydroponics-industry-control-regulations-2025/documents"}}