Victorian Consolidated Legislation

Essential Services Act 1958 - SECT 11

Penalty for taking part in strike without approval by secret ballot

11. Penalty for taking part in strike without approval by secret ballot



(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.

(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.



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