Victorian Consolidated Legislation

Essential Services Act 1958 - SECT 4

Proclamation of emergency where essential service is likely to be interrupted

4. Proclamation of emergency where essential service is likely to be
interrupted



(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.

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

(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

   (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.