Version No. 055
Essential Services Act 1958
No. 6244 of 1958
Version incorporating amendments as at
1 July 2024
TABLE OF PROVISIONS
Section Page
1Short title and commencement
2Repeal
3Definitions
4Proclamation of emergency where essential service is likely to be interrupted
5Powers of Minister during period of emergency
6Compliance with directions etc. of Minister
7Delegation of powers and functions by Minister
8Application and operation of directions etc.
9Compensation to persons and bodies complying with directions etc.
10Power to prohibit opening of specified places etc.
11Penalty for taking part in strike without approval by secret ballot
12Secret ballots as to continuation of certain strikes etc.
13Lock-outs in essential services illegal
14Offence to intimidate etc. employees in essential services
15Offences and penalty
16Appropriation
Schedule
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 055
Essential Services Act 1958
No. 6244 of 1958
Version incorporating amendments as at
1 July 2024
An Act to consolidate the Law making provision with respect to the Protection of the Community against the Interruption or Dislocation of Essential Services.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1Short title and commencement
This Act may be cited as the Essential Services Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2Repeal
(1)The Act mentioned in the Schedule to the extent thereby expressed to be repealed is hereby repealed accordingly.
(2)Except as in this Act expressly or by necessary implication provided—
(a)all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing under such Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Act had not been so repealed;
(b)in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation order declaration decision petition direction prohibition requisition revocation compensation appointment agreement arbitration ballot delegation liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under such Act before the commencement of this Act.
3Definitions
In this Act unless inconsistent with the context or subject-matter—
essential service means any of the following services, namely—
(a)transport;
(b)fuel;
(c)light;
(d)power;
(e)water;
(f)sewerage;
(g)any service (whether of a type similar to the foregoing or not) specified from time to time by order of the Governor in Council published in the Government Gazette—
provided to the public by a passenger transport company within the meaning of the Transport (Compliance and Miscellaneous) Act 1983, a train…