Vital State Industries (Works and Services) Act 1992 (Vic)

Version No. 004

Vital State Industries (Works and Services) Act 1992

No. 82 of 1992

Version incorporating amendments as at

25 October 2012

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3Definitions

4Declaration of vital industry

5Interference with vital industry unlawful

6Damages

7Injunctions

8Powers of the Minister

9Offence to interfere during alternative arrangements

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 004

Vital State Industries (Works and Services) Act 1992

No. 82 of 1992

Version incorporating amendments as at

25 October 2012

The Parliament of Victoria enacts as follows:

1Purpose

The purpose of this Act is to protect the lawful conduct of economic activity vital to the interests of Victorians and to enable persons who suffer damage from unlawful interference with such activity to recover compensation.

2Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3Definitions

In this Act—

interference, in relation to a vital industry, includes any form of interference with the commencement, conduct or completion of an activity forming part of or contributing to a vital industry and includes interfering by industrial action, whether directly or indirectly, and threatening or creating the apprehension of industrial action, but does not include the enforcement by due process of law of a legal obligation;

officer, in relation to an organisation, includes any person holding any office, position, place of authority or stewardship in or carrying out any duties for the organisation under its rules or for its members or any class of members (whether for remuneration or otherwise) and includes any person holding himself or herself out as an officer of the organisation;

organisation, means any body, whether corporate or unincorporate, and includes any branch, sub-branch, section or part of such a body;

Ministermeans a Minister declared under section 4 to be the responsible Minister for a vital industry;

vital industry means any industrial, commercial, farming or public or welfare service activity, and any undertaking, project or work whether or not—

(a)conducted for reward or profit;

(b)a public or private sector activity; or

(c)conducted by a single operator—

declared by the Governor in Council under section 4 to be a vital industry, and may, without limiting the generality of the foregoing, include any activity, undertaking, project or work associated with or contributing to the provision of—

(d)food;

(e)transport;

(f)energy;

(g)water;

(h)sewerage;

(i)health services;

(j)any other goods or services.

4Declaration of vital industry

(1)The Governor in Council by Order published in the Government Gazette—

(a)may declare any activity, undertaking, project or work or service to be a vital industry and any person or organisation to be part of a vital industry; and

(b)may declare a Minister to be the responsible Minister for a vital industry.

(2)A declaration made under section 4(1)(a) shall remain in effect until revoked or the expiry of three months from publication, whichever occurs first, but shall cease to operate if—

(a)within three days of its publication, the Legislative Council or the Legislative Assembly has not been summoned to meet within nine days of its publication;

(b)within twelve days of its publication, the Legislative Assembly or the Legislative Council has not met; or

(c)at any time either the Legislative Assembly or the Legislative Council has voted to annul the declaration.

(3)Upon the making of a declaration under section 4(1)(a) the Premier shall take all necessary steps to cause the Legislative Council and the Legislative Assembly to be summoned as soon as practicable.

5Interference with vital industry unlawful

It is an offence to interfere, or compel, procure or induce, interference, or attempt to interfere or to compel, procure or induce, interference with a vital industry, or any part of a vital industry.

Penalty:

(a)in the case of an organisation or officer of an organisation, 2500 penalty units;

(b)in the case of any other person, 250 penalty units.

6Damages

Any person causing, compelling, procuring or inducing interference with a vital industry or its conduct, operation, commencement or completion is liable to compensate any person injured for any damage, including economic loss, suffered in consequence of such interference.

7Injunctions

(1)The Supreme Court may, on application of the Attorney-General, the Minister or any interested party, grant an injunction restraining a person or organisation from engaging in conduct that gives rise or may give rise to a cause of action of a kind referred to in section 6.

(2)The Supreme Court may grant an interim or interlocutory injunction pending determination of an application under subsection (1).

(3)The Supreme Court may rescind or vary an injunction granted under subsection (1) or (2).

8Powers of the Minister

(1)The Minister, may—

(a)provide, operate, control, deregulate or direct any vital industry while a declaration under section 4(1)(a) is in force; and

(b)employ such persons in such numbers and upon such terms as appear necessary for the carrying into effect of the powers referred to in subsection (1).

(2)Without limiting the generality of subsection (1), the Minister, may—

(a)direct what activities, undertakings, projects or works will be maintained and upon what terms and conditions they are to operate;

(b)direct persons and bodies to operate and maintain activities, undertakings, projects or works to the extent and upon the terms specified in the direction;

(c)direct at what times and places and upon what terms and conditions and in what manner activities, undertakings, projects or works may be used or availed of;

(d)prohibit the use or operation of activities, undertakings, projects or works except, if so specified in the prohibition, with the consent of the Minister;

(e)requisition the use of property of any kind which is used or may be used for or in connection with the operation or maintenance of any vital industry;

(f)provide for or control, by direction prohibition or requisition, the operation use disposal distribution storage repair upkeep and maintenance of any property or commodity used or which may be used for or in connection with any vital industry;

(g)provide, by direction prohibition or requisition, for any matter or thing incidental to the carrying into effect of the powers referred to in this section;

(h)without limiting the generality of the foregoing powers, give any direction to any person or organisation which the Minister considers necessary or desirable for giving effect to the purposes of this Act.

(3)It is an offence for any person or organisation to prevent, hinder, fail to comply with or fail to assist to the best of their ability the carrying out or into effect of a direction, prohibition or requisition under this section.

Penalty:

(a)in the case of an organisation or officer of an organisation, 2500 penalty units;

(b)in the case of any other person, 250 units.

(4)The Supreme Court may, on application by the Minister, grant an injunction or other order in aid of the exercise of the powers given by this section.

9Offence to interfere during alternative arrangements

A person must not, during any period during which the relevant responsible body exercises its power under section 8(1), by force, threats or intimidation or offensive action of any kind interfere with any other person in the course of or in relation to the performance by the other person of any other duty in respect of any vital State service or work.

Penalty:1000 penalty units.

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ENDNOTES

1.     General Information

Minister's second reading speech—

Legislative Assembly: 29 October 1992

Legislative Council: 6 November 1992

The long title for the Bill for this Act was " A Bill to enable the declaration of vital State services and works and to enable the recovery of an amount for loss or damage suffered as the result of a strike or similar interruption or disruption."

The Vital State Industries (Works and Services) Act 1992 was assented to on 24 November 1992 and came into operation on 24 November 1992: section 2.

2.     Table of Amendments

This Version incorporates amendments made to the Vital State Industries (Works and Services) Act 1992 by Acts and subordinate instruments.

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Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 141) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Vital State Industries (Works and Services) Act 1992

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3.     Explanatory Details

No entries at date of publication.