Victorian Current Acts

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ESSENTIAL SERVICES ACT 1958 - SECT 12

Secret ballots as to continuation of certain strikes etc.

S. 12(1) amended by Nos 75/1988 s. 4(3)(Sch. item 2), 23/2002 s. 191(2).

    (1)     Where a strike or similar interruption in any essential service has occurred whether before or after the commencement of this Act but before the commencement of subsection (1) of the last preceding section and continues after the commencement of the said subsection (1) the Governor in Council may direct a secret ballot to be held by the Victorian Electoral Commission in accordance with the regulations made under the last preceding section.

    (2)     Unless at such ballot a majority of persons entitled to vote is declared to have voted in favour of the continuation of such strike or interruption, every person who and the trustees of any trade union which or any officer of which after the declaration of the result of the ballot continues to take part in or instigates the continuation of 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.

No. 5263 s. 12.



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