Victorian Current Acts

ESSENTIAL SERVICES ACT 1958 - SECT 4

S. 4(1) substituted by No. 9028 s. 2.

    (1)     Where at any time it appears to the Governor in Council that any action has been taken or is likely to be taken or has been threatened to be taken by any person or body of persons whereby any essential service is or is likely to be interrupted, dislocated or materially diminished and—

        (a)     the opportunity of persons (other than those by whom the action has been taken or is likely to be taken or has been threatened to be taken) to be gainfully employed in their usual occupations; or

        (b)     the health or safety of the public or any section of the public; or

        (c)     the maintenance of peace and good order in Victoria is prejudiced or threatened or is likely to be prejudiced or threatened—

the Governor in Council may by proclamation published in the Government Gazette (in this Act referred to as "a proclamation of emergency") declare that a state of emergency exists in relation to that essential service.
s. 4

    (2)     Any such proclamation in relation to any essential service may be limited therein as to time place and circumstance.

S. 4(2A) inserted by No. 8976 s. 11(b).

    (2A)     Any such proclamation in relation to any essential service may provide that any particular provision of this Act shall not apply to or in relation to that essential service during the period of emergency.

    (3)     No such proclamation shall be in force for more than one month, without prejudice to the issue of another proclamation of emergency before at or after the end of that period.

    (4)     Any such proclamation may be revoked—

        (a)     by a proclamation of the Governor in Council published in the Government Gazette; or

S. 4(4)(b) amended by No. 8976 s. 11(c).

        (b)     by a resolution passed by either House of the Parliament.

    (5)     If—

        (a)     at the time of the publication in the Government Gazette of any proclamation of emergency Parliament is not sitting; and

        (b)     a petition signed by not less than twenty members of the Legislative Assembly or by not less than thirty members of Parliament all or any of whom are members of the Legislative Council objecting to such proclamation and requesting that Parliament should be summoned is addressed to the Speaker of the Legislative Assembly or the President of the Legislative Council—

Parliament shall be summoned to meet as soon as practicable thereafter.

No. 5263 s. 4.