Victorian Current Acts

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ESSENTIAL SERVICES ACT 1958 - SECT 11

Penalty for taking part in strike without approval by secret ballot

S. 11(1) amended by Nos 75/1988 s. 4(3)(Sch. item 2), 23/2002 s. 191(2).

    (1)     If a strike or similar interruption occurs in any essential service, unless at a secret ballot held by the Victorian Electoral Commission before the strike or interruption commences and in accordance with the regulations under this section a majority of persons entitled to vote is declared to have voted in favour of such strike or interruption, every person who and the trustees of any trade union which or any officer of which instigates or takes part in such strike or interruption shall be liable—

        (a)     in the case of an officer or the trustees of a trade union to a penalty of not more than $2000;

        (b)     in the case of any other person to a penalty of not more than $100.

S. 11(2) amended by No. 6886 s. 3 (as amended by No. 6961 s. 2).

    (2)     The Governor in Council may make regulations for or with respect to—

              (i)     the taking of secret ballots for the purposes of this and the next succeeding section, including the preparation of rolls of persons entitled to vote thereat, the preparation and distribution of ballot papers, the method of voting, the conduct of the ballot, the counting of votes and the declaration of the results; and

              (ii)     any other matter necessary or expedient to be prescribed for the purposes of this or the next succeeding section.

S. 11(2)(b) repealed by No. 6886 s. 3.

    *     *     *     *     *

No. 5263 s. 11.



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