{"id":"trade-unions-act-1958","name":"Trade Unions Act 1958","slug":"trade-unions-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176390,"registerId":"vic-trade-unions-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Trade Unions Act 1958","content":"Version No. 044\n\n**Trade Unions Act 1958**\n\n**No. 6397 of 1958**\n\nVersion incorporating amendments as at  \n18 October 2012\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 1\n\n2 Repeal and savings 1\n\n3 Definition 2\n\n4 Trade union not unlawful for civil purposes 3\n\n5 Certain contracts of trade unions not enforceable 3\n\n6 Acts not applying to trade unions 4\n\n7 Registry of trade unions 5\n\n8 Buildings for trade unions may be purchased or leased 5\n\n9 Property of the trade union vested in trustees 6\n\n10 Actions etc. by or against trustees etc. 7\n\n11 Limitation of responsibility of trustees 7\n\n12 Treasurers etc. to account 8\n\n13 Punishment for withholding money etc. 9\n\n14 Membership of minors 10\n\n15 Members may nominate persons to whom moneys payable  \non death may be paid 10\n\n16 Regulations for registration 10\n\n17 Rules of registered trade union 12\n\n18 Registered office of trade union 12\n\n19 Change of name 13\n\n20 Amalgamation 13\n\n21 Registration of change of name and amalgamation 13\n\n22 No union to be registered without provision being made for dissolution 14\n\n23 Annual returns to be prepared as Government Statist may  \ndirect 15\n\n24 Registrar and Government Statist to make annual reports 16\n\n25 Circulating false copies of rules etc. an offence 16\n\n26 Penalty for failure to give notice 16\n\n27 Withdrawal or cancelling of certificate 17\n\n28 Interested justice not to act 18\n\n29 Government Statist to act instead of Actuary 18\n\n30 Transitional 18\n\n__________________\n\nSCHEDULES 20\n\nSCHEDULE 1—Repeal 20\n\nSCHEDULE 2—Maximum Fees 21\n\nSCHEDULE 3—Of Matters to be Provided for by the Rules of Trade Unions Registered under this Act 22\n\nENDNOTES 23\n\n1. General Information 23\n\n2. Table of Amendments 24\n\n3. Explanatory Details 27\n\n**Version No.** **044**\n\n**Trade Unions Act 1958**\n\n**No. 6397 of 1958**\n\nVersion incorporating amendments as at  \n18 October 2012\n\nAn Act to consolidate the Law relating to Trade Unions.\n\n**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):**\n\n\t1 Short title and commencement\n\nThis Act may be cited as the **Trade Unions 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.\n\n\t2 Repeal and savings\n\n(1) The Act mentioned in the First Schedule to this Act to the extent thereby expressed to be repealed is hereby repealed accordingly.\n\n(2) Except as in this Act expressly or by necessary implication provided—\n\n(a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing thereunder 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;\n\n(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 rule regulation application registration certificate statement declaration amalgamation report notice order agreement trust bond security purchase sale lease mortgage receipt proceeding liability or right made issued granted given entered into accrued incurred or acquired or existing or continuing by or under such repealed Act before the commencement of this Act.\n\nNo. 3788 s. 3.\n\n\t3 Definition\n\ns. 3\n\n(1) The term ***trade union*** shall mean any combination whether temporary or permanent for regulating the relations between workmen and employers or between workmen and workmen or between employers and employers or for imposing restrictive conditions on the conduct of any trade or business whether such combination would or would not if this Act or any corresponding previous enactment had not been passed have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade: Provided that this Act shall not affect—\n\n(a) any agreement between partners as to their own business;\n\n(b) any agreement between an employer and those employed by him as to such employment; or\n\n(c) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession trade or handicraft.\n\nS. 3(2) amended by No. 119/1986 s. 142(Sch. 2 item 11), substituted by Nos 50/1991 s. 14, 48/1992 s. 118, 83/1992 s. 182, amended by No. 59/1996  \ns. 10(Sch. 2 item 22).\n\n(2) The Head of the Department for which the Minister is responsible  is the registrar under this Act.\n\nNo. 3788 s. 4.\n\n\t4 Trade union not unlawful for civil purposes\n\ns. 4\n\nThe purposes of any trade union shall not by reason merely that they are in restraint of trade be unlawful so as to render void or voidable any agreement or trust.\n\nThe purposes of any trade unions shall not by reason merely that they are in restraint of trade be deemed to be unlawful so as to render any member of such trade unions liable to criminal prosecution for conspiracy.\n\nNo. 3788 s. 5.\n\n\t5 Certain contracts of trade unions not enforceable\n\nNothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any of the following agreements (namely)—\n\n(a) any agreement between members of a trade union as such concerning the conditions on which any members for the time being of such trade union shall or shall not sell their goods transact business employ or be employed;\n\n(b) any agreement for the payment by any person of any subscription or penalty to a trade union;\n\n(c) any agreement for the application of the funds of a trade union—\n\n(i) to provide benefits to members; or\n\n(ii) to furnish contributions to any employer or workman not a member of such trade union in consideration of such employer or workman acting in conformity with the rules or resolutions of such trade union; or\n\n(iii) to discharge any fine imposed upon any person by sentence of a court of justice;\n\n(d) any agreement made between one trade union and another; or\n\n(e) any bond to secure the performance of any of the above-mentioned agreements—\n\nbut nothing in this section shall be deemed to constitute any of the above-mentioned agreements unlawful.\n\nNo. 3788 s. 6.\n\nS. 6  \namended by Nos 6455 s. 2, 6839 s. 4(Sch. 1), 9699 s. 23, 119/1986 s. 142(Sch. 2 item 11), 37/1999 s. 58(Sch. 3 item 12.2).\n\n\t6 Acts not applying to trade unions\n\ns. 6\n\nThe following Acts and laws (that is to say)—\n\nS. 6(a) amended by No. 119/1986 s. 142(Sch. 2 item 11), repealed by No. 37/1999 s. 58(Sch. 3 item 12.1).\n\n* * * * *\n\n(b) the **Industrial and Provident Societies Act 1958**;\n\n(c) the **Companies Act 1961**;\n\nS. 6(d) inserted by No. 9699 s. 23.\n\n(d) the **Companies (Victoria) Code**—\n\nshall not apply to any trade union, and the registration of any trade union under any of the said Acts shall be void.\n\nNo. 3788 s. 7.\n\n\t7 Registry of trade unions\n\ns. 7\n\nAny seven or more members of a trade union may by subscribing their names to the rules of the union and otherwise complying with the provisions of this Act with respect to registry, register such trade union under this Act, provided that if any one of the purposes of such trade union be unlawful such registration shall be void.\n\nNo. 3788 s. 8.\n\n\t8 Buildings for trade unions may be purchased or leased\n\nAny trade union registered under this Act may or any two or more trade unions may jointly for the purposes of the union or unions purchase or take upon lease in the names of the trustees for the time being of such union or unions any land or buildings for the purpose of carrying on its or their affairs and may sell exchange mortgage or let the same, and no purchaser assignee mortgagee or tenant shall be bound to inquire whether the trustees have authority for any sale exchange mortgage or letting, and the receipt of the trustees shall be a discharge for the money arising therefrom, and for the purpose of this section every branch of a trade union shall be considered a distinct union. Notwithstanding anything hereinbefore contained it shall not be lawful for any branch of a trade union to expend any of its funds in the purchase of lands or erection of any buildings without first obtaining the consent of the parent society: Provided always that no portion of any funds so expended on the purchase of any lands or buildings or on the erection of any buildings shall consist of subscriptions by members of any trade union to the sick or benefit funds of such trade union.\n\nNo. 3788 s. 9.\n\nS. 9  \namended by Nos 18/1989 s. 13(Sch. 2 item 89), 68/2009 s. 97(Sch. item 122.1).\n\n\t9 Property of the trade union vested in trustees\n\ns. 9\n\nAll real and personal estate whatsoever belonging to any trade union registered under this Act shall be vested in the trustees for the time being of the trade union appointed as provided by this Act for the use and benefit of such trade union and the members thereof, and the real or personal estate of any branch of a trade union shall be vested in the trustees of such branch, or in the trustees of the trade union if the rules of the trade union so provide, and be under the control of such trustees their respective executors or administrators according to their respective claims and interests; and upon the death resignation or removal of any such trustees the same shall vest in the succeeding trustees for the same estate and interest as the former trustees had therein, and subject to the same trusts without any conveyance or assignment or transfer, and in case any such property is under the **Transfer of Land Act 1958** the trustees or trustee in whom the same is vested under the provisions of this Act shall be deemed the proprietors or the proprietor thereof within the meaning of the **Transfer of Land Act 1958** as if the names or name of such trustees or trustee were recorded in the Register; and in all actions or suits or indictments or summary proceedings before any court of summary jurisdiction touching or concerning any such property the same shall be stated to be the property of the person or persons for the time being holding the said office of trustee in their proper names as trustees of such trade union without any further description.\n\nNo. 3788 s. 10.\n\n\t10 Actions etc. by or against trustees etc.\n\ns. 10\n\nThe trustees of any trade union registered under this Act or any other officer of such trade union who may be authorized so to do by the rules thereof are hereby empowered to bring or defend or cause to be brought or defended any action suit prosecution or complaint in any court of law or equity touching or concerning the property right or claim to property of the trade union, and shall and may in all cases concerning the real or personal property of such trade union sue and be sued plead and be impleaded in any court of law or equity in their proper names without other description than the title of their office; and no such action suit prosecution or complaint shall be discontinued or shall abate by the death resignation or removal from office of such persons or any of them, but the same shall and may be proceeded in by their successor or successors as if such death resignation or removal had not taken place; and such successors shall pay or receive the like costs as if the action suit prosecution or complaint had been commenced in their names for the benefit of or to be reimbursed from the funds of such trade union, and the summons to be issued against such trustee or other officer may be served by leaving the same at the registered office of the trade union.\n\nNo. 3788 s. 11.\n\n\t11 Limitation of responsibility of trustees\n\nA trustee of any trade union registered under this Act shall not be liable to make good any deficiency which may arise or happen in the funds of such trade union, but shall be liable only for the moneys which shall be actually received by him on account of such trade union.\n\nNo. 3788 s. 12.\n\nS. 12 amended by No. 35/1996  \ns. 453(Sch. 1 item 84).\n\n\t12 Treasurers etc. to account\n\ns. 12\n\nEvery treasurer or other officer of a trade union registered under this Act at such times as by the rules of such trade union he should render such account as hereinafter mentioned or upon being required so to do shall render to the trustees of the trade union or to the members of such trade union at a meeting of the trade union a just and true account of all moneys received and paid by him since he last rendered the like account and of the balance then remaining in his hands, and of all bonds or securities of such trade union, which account the said trustees shall cause to be audited by some fit and proper person or persons by them to be appointed; and such treasurer if thereunto required upon the said account being audited shall forthwith hand over to the said trustees the balance which on such audit appears to be due from him, and shall also if required hand over to such trustees all securities and effects books papers and property of the said trade union in his hands or custody, and if he fails to do so the trustees of the said trade union may sue such treasurer in any competent court for the balance appearing to have been due from him upon the account last rendered by him and for all the moneys since received by him on account of the said trade union and for the securities and effects books papers and property in his hands or custody leaving him to set off in such action the sums (if any) which he may have since paid on account of the said trade union; and in such action the said trustees shall be entitled to recover their full cost of suit to be assessed as between solicitor and client.\n\nNo. 3788 s. 13.\n\nS. 13 amended by Nos 7876 s. 2(3), 9945 s. 3(3)(Sch. 2 item 35), 57/1989 s. 3(Sch. item 200.1(a)(b)), 68/2009 s. 97(Sch. item 122.2).\n\n\t13 Punishment for withholding money etc.[[1]](#endnote-2)\n\ns. 13\n\nIf any officer member or other person being or representing himself to be a member of a trade union registered under this Act or the nominee executor administrator or assignee of a member thereof or any person whatsoever by false representation or imposition obtains possession of any moneys securities books papers or other effects of such trade union, or having the same in his possession wilfully withholds or fraudulently misapplies the same or wilfully applies any part of the same to purposes other than those expressed or directed in the rules of such trade union or any part thereof, the Magistrates' Court on a charge filed by any person on behalf of such trade union or by the registrar may make an order requiring such officer member or other person to deliver up all such moneys securities books papers or other effects to the trade union or to repay the amount of money applied improperly and to pay if the Court thinks fit a further sum of money not exceeding $40 together with costs not exceeding $2; and in default of such delivery of effects or repayment of such amount of money or payment of such penalty aforesaid such court may order the said person so convicted to be imprisoned for a term of not more than three months: Provided that nothing herein contained shall prevent proceedings by indictment being taken against the said party: Provided also that no person shall be proceeded against by indictment if a conviction has been previously obtained for the same offence under the provisions of this Act.\n\nNo. 3788 s. 14.\n\n\t14 Membership of minors\n\ns. 14\n\nA person under the age of twenty-one but above the age of fifteen may be a member of a trade union unless provision is made in the rules thereof to the contrary, and may subject to the rules of the trade union enjoy all the rights of a member except as herein provided, and execute all instruments and give all acquittances necessary to be executed or given under the rules, but shall not be a member of the committee of management trustee or treasurer of a trade union.\n\nNo. 3788 s. 15.\n\n\t15 Members may nominate persons to whom moneys payable on death may be paid\n\nA member of a trade union not being under the age of fifteen years may by writing under his hand delivered at or sent to the registered office of the trade union nominate any person not being an officer or servant of the trade union (unless such officer or servant is the husband wife father mother child brother sister nephew or niece of the nominator) to whom any moneys payable on the death of such member not exceeding $100[[2]](#endnote-3) shall be paid at his decease, and may from time to time revoke or vary such nomination by a writing under his hand similarly delivered or sent; and on receiving satisfactory proof of the death of a nominator the trade union shall pay to the nominee the amount due to the deceased member not exceeding the sum aforesaid.\n\nNo. 3788 s. 16.\n\n\t16 Regulations for registration\n\nWith respect to the registration under this Act of a trade union and of the rules thereof, the following provisions shall have effect—\n\nS. 16(a) amended by No. 8181 s. 2(1)(Sch. item 183).\n\n(a) an application to register the trade union and printed copies of the rules together with a list of the titles and names of the officers shall be sent to the registrar under this Act;\n\n(b) the registrar upon being satisfied that the trade union has complied with the regulations respecting registration in force under this Act shall register such trade union and such rules;\n\n(c) no trade union shall be registered under a name identical with that by which any other existing trade union has been registered or so nearly resembling such name as to be likely to deceive the members of the public;\n\n(d) where a trade union applying to be registered has been in operation for more than a year before the date of such application there shall be delivered to the registrar before the registration thereof a general statement of the receipts funds effects and expenditure of such trade union in the same form and showing the same particulars as if it were the annual general statement required as hereinafter mentioned to be transmitted annually to the Government Statist, and upon registering such trade union the registrar shall transmit such general statement to the Government Statist;\n\ns. 16\n\n(e) the registrar upon registering such trade union shall issue a certificate of registration, which certificate unless proved to have been withdrawn or cancelled shall be conclusive evidence that the regulations of this Act with respect to registration have been complied with; and\n\n(f) the Governor in Council may from time to time make regulations respecting registration under this Act and respecting the seal (if any) to be used for the purpose of such registration and the forms to be used for such registration and the inspection of documents kept by the registrar and respecting the fees (if any) to be paid on registration not exceeding the fees specified in the Second Schedule to this Act and generally for carrying this Act into effect.\n\nNo. 3788 s. 17.\n\n\t17 Rules of registered trade union\n\ns. 17\n\nWith respect to the rules of a trade union registered under this Act, the following provisions shall have effect—\n\n(a) the rules of every such trade union shall contain provisions in respect of the several matters mentioned in the Third Schedule to this Act; and\n\n(b) a copy of the rules shall be delivered by the trade union to every person on demand on payment of a sum not exceeding Ten cents ($0.10)[[3]](#endnote-4).\n\nNo. 3788 s. 18.\n\n\t18 Registered office of trade union\n\nEvery trade union registered under this Act shall have a registered office to which all communications and notices may be addressed. If any trade union under this Act is in operation for seven days without having such an office, such trade union and every officer thereof shall be liable to a penalty of not more than $10[[4]](#endnote-5) for every day during which it is so in operation.\n\nNotice of the situation of such registered office and of any change therein shall be given to the registrar and recorded by him. Until such notice is given the trade union shall not be deemed to have complied with the provisions of this Act.\n\nNo. 3788 s. 19.\n\n\t19 Change of name\n\ns. 19\n\nA trade union may with the approval in writing of the registrar change its name by the consent of not less than two-thirds of the total number of members.\n\nNo change of name shall affect any right or obligation of the trade union or of any member thereof, and any pending legal proceedings may be continued by or against the trustees of the trade union or any other officer who may sue or be sued on behalf of such trade union notwithstanding its new name.\n\nNo. 3788 s. 20.\n\n\t20 Amalgamation\n\nAny two or more trade unions may by the consent of not less than two-thirds of the members of each or every such trade union become amalgamated together as one trade union with or without any dissolution or division of the funds of such trade unions or either or any of them, but no amalgamation shall prejudice any right of a creditor of either or any union party thereto.\n\nNo. 3788 s. 21.\n\n\t21 Registration of change of name and amalgamation\n\nNotice in writing of every change of name or amalgamation signed in the case of a change of name by seven members and countersigned by the secretary of the trade union changing its name and accompanied by a statutory declaration by such secretary that the provisions of this Act in respect of changes of name have been complied with, and in the case of an amalgamation signed by seven members and countersigned by the secretary of each or every union party thereto and accompanied by a statutory declaration by each or every such secretary that the provisions of this Act in respect of amalgamations have been complied with, shall be sent to the registrar and registered by him; and the registrar shall thereupon issue to such secretary or secretaries an acknowledgment of registry of such change of name or amalgamation, and such acknowledgment shall be conclusive evidence that the same is duly registered, and until such acknowledgment of registry of change of name or amalgamation has been issued to and received by such secretary or secretaries such change of name or amalgamation shall not take effect.\n\nNo. 3788 s. 22.\n\n\t22 No union to be registered without provision being made for dissolution\n\ns. 22\n\nNo trade union shall be registered under this Act unless the rules of such trade union contain—\n\n(a) provisions as to the manner in which the same may be dissolved; and\n\n(b) provisions that whenever the certificate of registration is withdrawn or cancelled by the registrar the real and personal property to which such trade union is beneficially entitled shall be applied—firstly to the payment of all just debts and liabilities of such trade union due and owing to persons other than persons being members thereof; secondly to the payment of all just claims of members and persons claiming any relief or other benefit from such trade union; and thereafter to some other purpose which such rules shall specify.\n\nNo. 3788 s. 23.\n\n\t23 Annual returns to be prepared as Government Statist may direct[[5]](#endnote-6)\n\ns. 23\n\nA general statement of the receipts funds effects and expenditure of every trade union registered under this Act shall be transmitted to the Government Statist before the first day of February in every year and shall show fully the assets and liabilities at the date and the receipts and expenditure during the year ending on the thirty-first day of December then last past, and shall show separately the expenditure in respect of the several objects of the trade union, and shall be prepared and made out up to such date in such form and shall comprise such particulars as the Government Statist may from time to time require, and every member of and depositor in any such trade union shall be entitled to receive on application to the treasurer or secretary of that trade union a copy of such general statement without making any payment for the same.\n\nIn every year before the first day of February a statement of the changes of officers and a copy of all alterations of rules and new rules made by every trade union during the year ending on the thirty-first day of December then last past and a copy of the rules of every trade union as they exist at that date shall be transmitted to the registrar.\n\nEvery trade union which fails to comply with or acts in contravention of this section and also every officer of the trade union so failing shall each be liable to a penalty of not more than $10 for each offence.\n\nEvery person who wilfully makes or orders to be made any false entry in or omission from any such general statement or in or from the return of such copies of rules or alterations of rules, shall be liable to a penalty of not more than $100.\n\nNo. 3788 s. 24.\n\n\t24 Registrar and Government Statist to make annual reports\n\ns. 24\n\nThe registrar and Government Statist respectively shall send once in every year to the Minister a report with respect to the matters transacted by him in pursuance of this Act during the foregoing year in such form as the Minister shall from time to time require, and every such report shall on the receipt thereof be laid before the Legislative Council and the Legislative Assembly if Parliament is then sitting and if Parliament is not then sitting then within one month after the next meeting of Parliament.\n\nNo. 3788 s. 25.\n\nS. 25 amended by Nos 9576 s. 11(1), 7/2009 s. 435(3) (as amended by No. 68/2009 s. 54(u)).\n\n\t25 Circulating false copies of rules etc. an offence\n\nEvery person who with intent to mislead or defraud gives to any member of a trade union registered under this Act or to any person intending or applying to become a member of such trade union a copy of any rules or of any alterations or amendments of the same other than those respectively which exist for the time being on the pretence that the same are the existing rules of such trade union or that there are no other rules of such trade union, and every person who with the intent aforesaid gives a copy of any rules to any person on the pretence that such rules are the rules of a trade union registered under this Act which is not so registered shall be deemed guilty of an offence.\n\nNo. 3788 s. 26.\n\n\t26 Penalty for failure to give notice[[6]](#endnote-7)\n\nA trade union which fails to give any notice or send any document which it is required by this Act to give or send and every officer or other person bound by the rules thereof to give or send the same, or if there is no such officer then every member of the committee of management of the union, unless proved to have been ignorant of or to have attempted to prevent the omission to give or send the same, shall be liable to a penalty of not less than $2 nor more than $10, recoverable at the suit of the registrar or of any person aggrieved, and to an additional penalty of the like amount for each week during which the omission continues.\n\nNo. 3788 s. 27.\n\n\t27 Withdrawal or cancelling of certificate\n\ns. 27\n\nNo certificate of registration of a trade union shall be withdrawn or cancelled otherwise than by the registrar and in the following cases only—\n\n(a) at the request of the trade union to be evidenced in such manner as the registrar shall from time to time direct;\n\n(b) on proof to his satisfaction that a certificate of registration has been obtained by fraud or mistake or that the registration of the trade union has become void as hereinbefore provided, or that such trade union has wilfully and after notice from the registrar violated any of the provisions of this Act or has ceased to exist.\n\nNot less than two months' previous notice in writing specifying briefly the ground of any proposed withdrawal or cancelling of certificate (unless the same is shown to have become void as aforesaid, in which case it shall be the duty of the registrar to cancel the same forthwith) shall be given by the registrar to the trade union before the certificate of registration of the same can be withdrawn or cancelled (except at its request). A trade union whose certificate of registration has been withdrawn or cancelled shall from the time of such withdrawal or cancelling absolutely cease to enjoy as such the privileges of a registered trade union, but without prejudice to any liability actually incurred by such trade union which may be enforced against the same as if such withdrawal or cancelling had not taken place.\n\nNotwithstanding such withdrawal or cancelling all real and personal estate vested in trustees for the use and benefit of such trade union and the members thereof shall from the time of such withdrawal or cancelling be and be deemed to be held by the said trustees to the use and for the purposes specified in the rules of such trade union in that behalf made and provided as in this Act directed.\n\nNo. 3788 s. 28.\n\nS. 28 amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 200.2(a)–(c)).\n\n\t28 Interested justice not to act\n\ns. 28\n\nNo magistrate who is an employer or father son or brother of an employer in the particular manufacture trade or business in or in connexion with which any offence under this Act is charged to have been committed shall constitute the Magistrates' Court during the hearing of a charge or proceedings relating to or in connexion with such offence.\n\nAll fines, penalties, and forfeitures under this Act may be recovered in a summary way before the Magistrates' Court.\n\nNo. 3788 s. 29.\n\n\t29 Government Statist to act instead of Actuary\n\nWhenever in any rules or regulations of a trade union there is an express or implied reference to Actuary for Friendly Societies or Acting Actuary for Friendly Societies such reference shall be deemed and taken to mean and refer to the Government Statist.\n\nS. 30 inserted by No. 68/2009 s. 97(Sch. item 122.3).\n\n\t30 Transitional\n\n(1) Section 25 as amended by section 435(3) of the **Criminal Procedure Act 2009** applies to an offence alleged to have been committed on or after the commencement of section 435(3) of that Act.\n\n(2) For the purpose of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(3) of the **Criminal Procedure Act 2009**, the offence is alleged to have been committed before that commencement.\n\ns. 30\n\n__________________\n\nSCHEDULES\n\nSch. 1\n\nS. 2.\n\nFIRST SCHEDULE\n\n| *Number of Act* | *Title of Act* | *Extent of Repeal* |\n| --- | --- | --- |\n| 3788 | **Trade Unions Act 1928** | The whole |\n\n\n_______________\n\nS. 16.\n\nSECOND SCHEDULE[[7]](#endnote-8)\n\nSch. 2\n\nMaximum Fees\n\n- $.c\n- For registering trade union 2.00\n- For registering alterations in rules 1.00\n- For inspection of documents 0.10\n\n\n_______________\n\nS. 17.\n\nTHIRD SCHEDULE\n\nSch. 3\n\nOf Matters to be Provided for by the Rules of Trade Unions Registered under this Act\n\n1. The name of the trade union and place of meeting for the business of the trade union.\n\n2. The whole of the objects for which the trade union is to be established, the purposes for which the funds thereof shall be applicable, and the conditions under which any member may become entitled to any benefit assured thereby, and the fines and forfeitures to be imposed on any member of such trade union.\n\n3. The manner of making altering amending and rescinding rules.\n\n4. A provision for the appointment and removal of a general committee of management of a trustee or trustees treasurer and other officers.\n\n5. A provision for the investment of the funds and for an annual or periodical audit of accounts.\n\n6. The inspection of the books and names of members of the trade union by every person having an interest in the funds of the trade union.\n\n\n\nENDNOTES\n\nEndnotes\n\n1. General Information\n\n\nThe **Trade Unions Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.\n\n1. Table of Amendments\n\n\nEndnotes\n\nThis Version incorporates amendments made to the **Trade Unions Act 1958** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Companies Act 1958, No. 6455/1958**\n\n| Assent Date: | 2.12.58 |\n| --- | --- |\n| Commencement Date: | 1.4.59: Government Gazette 4.3.59 p. 496 |\n| Current State: | All of Act in operation |\n\n\n**Companies Act 1961, No. 6839/1961**\n\n| Assent Date: | 19.12.61 |\n| --- | --- |\n| Commencement Date: | 1.7.62: Government Gazette 21.2.62 p. 392 |\n| Current State: | All of Act in operation |\n\n\n**Justices (Amendment) Act 1969, No. 7876/1969**\n\n| Assent Date: | 25.11.69 |\n| --- | --- |\n| Commencement Date: | S. 2(3) on 1.4.70: Government Gazette 25.2.70 p. 463 |\n| Current State: | This information relates only to the provision/s amending the **Trade Unions Act 1958** |\n\n\n**Statute Law Revision Act 1971, No. 8181/1971**\n\n| Assent Date: | 23.11.71 |\n| --- | --- |\n| Commencement Date: | 23.11.71: subject to s. 2(2) |\n| Current State: | All of Act in operation |\n\n\n**Crimes (Classification of Offences) Act 1981, No. 9576/1981**\n\n| Assent Date: | 26.5.81 |\n| --- | --- |\n| Commencement Date: | 1.9.81: Government Gazette 26.8.81 p. 2799 |\n| Current State: | All of Act in operation |\n\n\n**Companies (Consequential Amendments) Act 1981, No. 9699/1981**\n\n| Assent Date: | 5.1.82 |\n| --- | --- |\n| Commencement Date: | S. 23 on 1.7.82: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Trade Unions Act 1958** |\n\n\n**Penalties and Sentences (Amendment) Act 1983, No. 9945/1983**\n\n| Assent Date: | 20.9.83 |\n| --- | --- |\n| Commencement Date: | S. 3(3)(Sch. 2 item 35) on 20.12.83: Government Gazette 14.12.83 p. 4035 |\n| Current State: | This information relates only to the provision/s amending the **Trade Unions Act 1958** |\n\n\n**Friendly Societies Act 1986, No. 119/1986**\n\n| Assent Date: | 23.12.86 |\n| --- | --- |\n| Commencement Date: | 1.9.87: Government Gazette 26.8.87 p. 2257 |\n| Current State: | All of Act in operation |\n\n\n**Transfer of Land (Computer Register) Act 1989, No. 18/1989**\n\n| Assent Date: | 16.5.89 |\n| --- | --- |\n| Commencement Date: | 3.2.92: Government Gazette 18.12.91 p. 3488 |\n| Current State: | All of Act in operation |\n\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| Assent Date: | 14.6.89 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. items 200.1, 200.2) on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n| Current State: | This information relates only to the provision/s amending the **Trade Unions Act 1958** |\n\n\n**Friendly Societies (Reserve Board) Act 1991, No. 50/1991**\n\n| Assent Date: | 17.9.91 |\n| --- | --- |\n| Commencement Date: | S. 14 on 5.5.92: Special Gazette (No. 13) 5.5.92 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Trade Unions Act 1958** |\n\n\n**Financial Institutions (Victoria) Act 1992, No. 48/1992**\n\nEndnotes\n\n| Assent Date: | 30.6.92 |\n| --- | --- |\n| Commencement Date: | S. 118 on 29.7.92: Government Gazette 29.7.92 p. 1971 |\n| Current State: | This information relates only to the provision/s amending the **Trade Unions Act 1958** |\n\n\n**Employee Relations Act 1992, No. 83/1992**\n\n| Assent Date: | 24.11.92 |\n| --- | --- |\n| Commencement Date: | S. 182 on 4.1.93: Special Gazette (No. 63) 27.11.92 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Trade Unions Act 1958** |\n\n\n**Legal Practice Act 1996, No. 35/1996**\n\n| Assent Date: | 6.11.96 |\n| --- | --- |\n| Commencement Date: | S. 453(Sch. 1 item 84) on 1.1.97: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Trade Unions Act 1958** |\n\n\n**Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996**\n\n| Assent Date: | 12.12.96 |\n| --- | --- |\n| Commencement Date: | S. 10(Sch. 2 item 22) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15 |\n| Current State: | This information relates only to the provision/s amending the **Trade Unions Act 1958** |\n\n\n**Financial Sector Reform (Victoria) Act 1999, No. 37/1999**\n\n| Assent Date: | 8.6.99 |\n| --- | --- |\n| Commencement Date: | S. 58(Sch. 3 item 12) on 1.7.99: Special Gazette (No. 97) 30.6.99 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Trade Unions Act 1958** |\n\n\n**Criminal Procedure Act 2009, No. 7/2009** (as amended by No. 68/2009)\n\n| Assent Date: | 10.3.09 |\n| --- | --- |\n| Commencement Date: | S. 435(3) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Trade Unions Act 1958** |\n\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| --- | --- |\n| Commencement Date: | S. 97(Sch. item 122) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Trade Unions Act 1958** |\n\n\nEndnotes\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n1. Explanatory Details\n\n\nEndnotes\n\n1. S. 13: Refer to section 5 of the **Decimal Currency Act 1965**, No. 7315/1965. [↑](#endnote-ref-2)\n\n2. S. 15: See note 1. [↑](#endnote-ref-3)\n\n3. S. 17(b): See note 1. [↑](#endnote-ref-4)\n\n4. S. 18: See note 1. [↑](#endnote-ref-5)\n\n5. S. 23: See note 1. [↑](#endnote-ref-6)\n\n6. S. 26: See note 1. [↑](#endnote-ref-7)\n\n7. Sch. 2: See note 1. [↑](#endnote-ref-8)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of the Act changed from its original intent. The metadata indicates a consolidated version exists (suggesting amendments over time), but no details about those amendments or their effect on the Act's original scope are available in the provided text."},"complexity_factors":["Virtually no substantive legislative content was provided — only metadata and version history","Cannot assess structural complexity, cross-references, or definitional layers without actual provisions","Labour law as a field is inherently moderately complex, but that cannot be evaluated here","The Act dates from 1958, and older legislation sometimes uses archaic drafting conventions that can be harder to interpret, but this cannot be confirmed from the provided text"],"plain_english_summary":"A Victorian law from 1958 concerning trade unions, listed as still in force in a consolidated (amended) form.  \n\nThe provided material contains only administrative metadata, so its substantive requirements cannot be summarized here. Laws of this type typically affect workers, employers and union officials; consult the full Act on the Victorian legislation website or a lawyer for specific rights and obligations."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing a registration and regulatory framework for trade unions. While it has been amended 17 times between 1958 and 2012, these amendments are largely mechanical updates (changing penalty amounts, updating references to other legislation like the Companies Act, replacing 'Actuary' with 'Government Statist', and adjusting court procedures). There is no evidence of significant scope creep; the Act has not expanded to cover broader industrial relations matters, which have largely moved to federal jurisdiction."},"complexity_factors":["Straightforward structure with 30 sections and 3 schedules, totalling approximately 12 pages","Only 1 defined term ('trade union') in the interpretation section, though it contains a complex proviso with 3 exceptions","Minimal cross-referencing—mostly internal references to schedules and occasional references to other Acts (e.g., Transfer of Land Act 1958, Criminal Procedure Act 2009)","Simple conditional logic: most provisions use basic 'if/then' structures without nested exceptions","Some archaic language and formatting (e.g., 'plead and be impleaded', 'suit of the registrar') that reflects its 1958 origin but doesn't create substantive complexity","Three schedules containing straightforward tabular or list material (repeals, fees, required rule topics)","No delegated legislation provisions beyond basic regulation-making power in section 16(f)"],"plain_english_summary":"**What this law does:**\n\nThis is a Victorian law from 1958 that sets up a system for registering and regulating **trade unions** (organisations of workers or employers that band together to negotiate wages, conditions, or business practices).\n\n**Key things it covers:**\n\n*   **Legal protection:** It makes trade unions legal. Before laws like this, unions were often treated as illegal \"conspiracies in restraint of trade\" (agreements that unfairly limit competition). This Act says unions aren't unlawful just because they try to regulate working conditions or business practices.\n*   **Registration:** It creates a registry where unions can officially register by submitting their rules and paying a small fee. Registration gives unions legal recognition and certain protections.\n*   **Property and money:** It sets up rules for how unions handle property and funds. All property must be held by **trustees** (official caretakers) on behalf of the union. Treasurers must account for money received and spent, and there are penalties for stealing or misusing union funds.\n*   **Rules:** Registered unions must have written rules covering things like their name, purpose, how they elect officers, how they invest funds, and how they can be dissolved (shut down).\n*   **Amalgamation:** It allows two or more unions to merge (amalgamate) if two-thirds of members agree.\n*   **Reporting:** Unions must file annual financial returns with the Government Statist (a government statistics officer) and report changes in officers or rules.\n\n**Who it affects:**\n\n*   **Trade unions** operating in Victoria and their members.\n*   **Trustees and officers** of unions, who have specific legal duties about handling money and property.\n*   **Employers** who deal with registered unions.\n\n**Why it matters:**\n\nThis Act provides the basic legal framework that allows trade unions to own property, enter contracts, sue and be sued in court, and operate as legal entities—without being treated as criminal conspiracies. It balances giving unions legal status with requiring transparency (financial reporting, registered offices, published rules) to protect members from fraud or mismanagement.\n\n**Important note:** This is old Victorian legislation. Most of Australia's industrial relations law is now federal (national), governed by the *Fair Work Act 2009* (Cth). This Victorian Act now has limited application, mainly covering certain state-level union registration and property-holding matters that aren't covered by federal law."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act consolidates and continues provisions from the earlier Trade Unions Act 1928 (s.2 and First Schedule) but later amendments and provisions in the text alter scope and machinery. Examples in the text include statutory exclusion of trade unions from company/society regimes (s.6), substitution of the Government Statist for actuarial roles (s.29), and the endnotes listing multiple amending Acts that update cross‑references and procedures. Those changes modify operational detail while the core scope—registration, trusteeship, reporting and internal governance of unions—remains."},"complexity_factors":["Multiple regulatory functions in a single Act: definition, registration, trusteeship, property vesting, financial reporting, offences, amalgamation and dissolution (see ss.3, 7–13, 22–23, 27).","Procedural compliance requirements and recurring reporting: annual returns to the Government Statist and registrar filings with detailed content and penalties for non‑compliance (see s.23).","Interlocking institutional roles and decision‑makers: the Head of Department is the registrar and the Government Statist performs actuarial/reporting functions (see s.3(2), s.29).","Limits on judicial enforcement of certain internal union agreements, requiring readers to distinguish civil unenforceability from illegality (see s.5).","Property and litigation mechanics: real and personal estate vested in trustees, trustees entitled to sue and be sued in office name, and limitation of trustee liability to funds actually received (see ss.9–11, 10).","Criminal and summary offence provisions with specified fines and imprisonment for misuse of funds and false statements, and magistrate disqualification rules (see ss.13, 25, 28).","Cross‑references and exclusions to other statutes and historical amendments that alter application and terminology (e.g. Companies Acts excluded, references to Transfer of Land Act and amendments noted in endnotes) (see s.6, s.9, endnotes).","Low monetary thresholds and historic fee schedule: nominal maximum fees and specified small penalties and sums in multiple provisions that may reflect dated amounts in need of currency adjustment (see Second Schedule; ss.13, 18, 23, 26)."],"plain_english_summary":"This Act sets out how trade unions are defined, registered and regulated in Victoria. It creates a registrar and reporting obligations to the Government Statist, vests union property in trustees, limits courts' ability to enforce certain internal union agreements, prescribes officers' duties and penalties for misuse of funds, and provides rules for name changes, amalgamation, dissolution and modest registration fees. It affects trade unions, their officers, members and creditors by governing governance, reporting, property control and enforcement mechanisms."}},"importantCases":[],"_links":{"self":"/api/acts/trade-unions-act-1958","history":"/api/acts/trade-unions-act-1958/history","analysis":"/api/acts/trade-unions-act-1958/analysis","conflicts":"/api/acts/trade-unions-act-1958/conflicts","importantCases":"/api/acts/trade-unions-act-1958/important-cases","documents":"/api/acts/trade-unions-act-1958/documents"}}