Version incorporating amendments as at
25 October 2012
table of provisions
Section Page
1 Short title 1
2 Definitions 1
3 Application of Act 3
4 Duties relevant to responsible body in relation to vital State projects 3
5 Boycott of a vital State project to be wrongful 4
6 Injunctions 4
7 Evidentiary and procedural provisions 5
8 Offences with respect to boycotting of a vital State project 5
9 Secret ballots 7
Control of boycotting organizations 9
10 Power to declare organization to be boycotting organization 9
11 Certain payments to boycotting organizations to be unlawful 9
12 Certificate as to occurrence of boycott and as to voting at
secret ballot to be evidence in proceedings 10
13 Averments to be prima facie evidence 10
14 Magistrate to hear prosecutions 12
15 Offences 12
16 Penalties 12
17 Consolidated Fund 12
ENDNOTES 13
General Information 13
Table of Amendments 14
Explanatory Details 15
Version No.015
Vital State Projects Act 1976
No. 8896 of 1976
Version incorporating amendments as at
25 October 2012
An Act to make Provision with respect to the Planning, Construction, Maintenance and Operation of certain Vital State Projects and for other purposes.
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):
1 Short title
(1) This Act may be cited as the Vital State Projects Act 1976.
(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2 Definitions
(1) In this Act unless inconsistent with the context or subject-matter—
officer of an organization includes any person holding any office position place of authority or stewardship in or carrying out any duties for an organization under its rules or for its members or any section thereof (whether for remuneration or otherwise) and includes any person holding himself out as an officer of any organization;
organization means any body whether corporate or unincorporate and includes any branch sub-branch section or part of such an organization;
relevant responsible body in relation to a vital State project means the Minister person or body corporate or unincorporate which is declared by the Governor in Council under subsection (3) to be the responsible body in relation to that vital State project;
S. 2(1) def. of Victorian Electoral Commission inserted by No. 23/2002 s. 204(1).
Victorian Electoral Commission means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002;
vital State project means any work or undertaking or proposed work or undertaking—
(a) which has been specifically authorized or approved by an Act of Parliament and declared by the Governor in Council to be a vital State project; or
s. 2
(b) which is declared by a resolution of each House of the Parliament to be a vital State project.
(2) In this Act a reference to a boycott of or in relation to a vital State project means any act or omission which is calculated or intended to hinder or obstruct the vital State project and includes any ban or any other limitation on the performance of work or any other form of intimidation or coercion and any threatened ban, limitation or other form of intimidation or coercion.
(3) The Governor in Council may by Order in Council published in the Government Gazette—
(a) declare any work or undertaking or proposed work or undertaking which has been specifically authorized or approved by an Act of the Parliament to be a vital State project; and
(b) declare any Minister person or body corporate or unincorporate to be the responsible body in relation to a vital State project specified in the Order.
3 Application of Act
s. 3
S. 3(1) amended by No. 47/1992
s. 25(11).
(1) Nothing in this Act applies to or in relation to an industrial dispute which the Australian Industrial Relations Commission is empowered to prevent or settle by conciliation or arbitration.
(2) Nothing in this Act shall apply to anything done or omitted to be done in pursuance of a boycott of a vital State project if the boycott—
(a) is a boycott primarily intended to promote or protect the bona fide interests of the members of an organization in or in relation to their wages and conditions of employment; and
(b) has been approved by a ballot conducted under and in accordance with section 9.
4 Duties relevant to responsible body in relation to vital State projects
The relevant responsible body is hereby authorized empowered and required to do all things necessary or incidental to or in relation to the planning construction maintenance or operation of a vital State project.
5 Boycott of a vital State project to be wrongful
s. 5
(1) It shall be unlawful for any organization or person—
(a) to boycott;
(b) to attempt to boycott;
(c) to compel procure or induce any person to boycott; or
(d) to attempt to compel procure or induce any person to boycott—
a vital State project.
(2) The relevant responsible body or any other person who suffers loss or damage as the result of any contravention of subsection (1) by any organization or person may recover the amount of the loss or damage by action against that organization or person.
6 Injunctions
(1) The Supreme Court may on application of—
(a) the Attorney-General;
(b) the relevant responsible body; or
(c) any other person—
grant an injunction restraining a person or organization from engaging in conduct that constitutes or would constitute a breach of section 5.
(2) Where in the opinion of the Court it is desirable to do so the Court may grant an interim or interlocutory injunction pending determination of an application under subsection (1).
(3) The Court may rescind or vary an injunction granted under subsection (1) or (2).
7 Evidentiary and procedural provisions
s. 7
(1) Where in a proceeding under this Act in respect of any conduct engaged in by an organization it is necessary to establish the intention of the organization it is sufficient to show that an officer of the organization by whom the conduct was engaged in directly or indirectly had that intention.
(2) Any conduct engaged in on behalf of an organization by an officer of the organization or by any other person at the direction or with the consent or agreement (whether express or implied) of the organization or an officer of the organization shall be deemed for the purposes of this Act to have been engaged in also by the organization.
(3) Any proceedings under this Act against an organization, being an unincorporate body, may be taken against the treasurer of the organization on behalf of the organization.
(4) The treasurer of an organization is authorized to retain out of the funds of the organization so much money as is sufficient to meet any payments made by him on behalf of the organization in pursuance of this section.
(5) In this section the treasurer in relation to an organization includes any person having possession or control of any funds of the organization.
8 Offences with respect to boycotting of a vital State project
(1) An organization or person who—
(a) by boycott or threat of boycott of any person property work or undertaking prevents hinders or obstructs or endeavours to prevent hinder or obstruct a vital State project; or
(b) by violence or threat of violence to person or property or by other unlawful means prevents hinders or obstructs or endeavours to prevent hinder or obstruct a vital State project—
shall be guilty of an offence.
(2) An offence against this section may be prosecuted as a summary offence or as an indictable offence but an offender shall not be punished more than once in respect of the same offence.
(3) The punishment for an offence against this section shall be—
(a) if the offence is prosecuted summarily—
S. 8(3)(a)(i) amended by No. 9554
s. 2(2)(Sch. 2 item 354).
(i) in the case of an organization, a fine of not more than 50 penalty units; and
S. 8(3)(a)(ii) amended by No. 9554
s. 2(2)(Sch. 2 item 355).
(ii) in the case of a person not being an organization, a fine of not more than 10 penalty units; and
s. 8
(b) if the offence is prosecuted as an indictable offence—
S. 8(3)(b)(i) amended by No. 9554
s. 2(2)(Sch. 2 item 356).
(i) in the case of an organization, a fine of not more than 500 penalty units; and
S. 8(3)(b)(ii) amended by No. 9554
s. 2(2)(Sch. 2 item 357).
(ii) in the case of a person not being an organization, a fine of not more than 100 penalty units.
(4) A prosecution for an offence against this section shall not be instituted except by the Attorney-General or with the consent of the Attorney-General or of a person thereto authorized in writing by the Attorney-General.
9 Secret ballots
s. 9
S. 9(1) amended by Nos 75/1988
s. 4(3)
(Sch. Pt A item 2) (as amended by No. 74/2000 s. 3(Sch. 1 item 126)), 23/2002 s. 204(2).
(1) Where an organization or any branch sub-branch section or part of an organization proposes that a boycott should be undertaken against a vital State project it may apply to the Victorian Electoral Commission in writing for a secret ballot to be held of the members of all the branches sub-branches sections and parts of the organization who are resident in or employed in Victoria.
S. 9(2) amended by Nos 75/1988
s. 4(3)
(Sch. Pt A item 2) (as amended by No. 74/2000 s. 3(Sch. 1 item 126)), 23/2002 s. 204(2).
(2) On receipt of a request under subsection (1) the Victorian Electoral Commission shall forthwith arrange for the holding of the secret ballot.
S. 9(3) amended by Nos 75/1988
s. 4(3)
(Sch. Pt A item 2) (as amended by No. 74/2000 s. 3(Sch. 1 item 126)), 23/2002 s. 204(2).
(3) The organization shall supply to the Victorian Electoral Commission a list verified in the prescribed manner of all the persons entitled to vote on the ballot and a statement of the question to be put to the ballot.
S. 9(4) amended by Nos 75/1988
s. 4(3)
(Sch. Pt A item 2) (as amended by No. 74/2000 s. 3(Sch. 1 item 126)), 23/2002 s. 204(2).
(4) The organization shall give all reasonable assistance to the Victorian Electoral Commission in the conduct of the ballot.
S. 9(5) amended by Nos 75/1988
s. 4(3)
(Sch. Pt A item 2) (as amended by No. 74/2000 s. 3(Sch. 1 item 126)), 23/2002 s. 204(2).
(5) The ballot shall be held in such manner and form as the Victorian Electoral Commission determines.
S. 9(6) amended by No. 9554
s. 2(2)(Sch. 2 item 358).
(6) Every person entitled to vote at a ballot held under this section shall record a vote for the ballot.
1 penalty unit.
S. 9(7) amended by No. 68/2009 s. 97(Sch. item 132.1).
(7) It shall be a defence to a prosecution for an offence against subsection (6) if the accused satisfies the Court that his failure to record a vote on the ballot was due to physical incapacity or other cause beyond his control.
S. 9(8) amended by No. 75/1988
s. 4(3)
(Sch. Pt A item 2) (as amended by No. 74/2000 s. 3(Sch. 1 item 126)), substituted by No. 23/2002 s. 204(3).
(8) The Victorian Electoral Commission must certify the result of the ballot under the common seal of the Commission and a copy of the certificate must be published in the Government Gazette.
s. 9
S. 9(9) amended by No. 75/1988
s. 4(3)
(Sch. Pt A item 2) (as amended by No. 74/2000 s. 3(Sch. 1 item 126)), substituted by No. 23/2002 s. 204(3).
(9) The Victorian Electoral Commission must not certify a ballot as having been held in accordance with this section unless the Commission is satisfied that the list of persons entitled to vote on the ballot supplied to the Commission was a true and correct list of those persons.
(10) The Governor in Council may make regulations for or with respect to any matter authorized or required to be prescribed by this section or necessary or expedient for the purpose of facilitating or regulating the holding of ballots under this section.
Control of boycotting organizations
10 Power to declare organization to be boycotting organization
s. 10
Where an organization or an officer of an organization is convicted of an offence under section 8, the Governor in Council may by Order published in the Government Gazette declare the organization which has been convicted or the organization the officer of which has been convicted of such an offence to be a boycotting organization in relation to the vital State project specified in the declaration.
11 Certain payments to boycotting organizations to be unlawful
An organization or any other person shall not make or promise to make a payment to or for the benefit of a boycotting organization, an officer of a boycotting organization, a member of a boycotting organization or a person acting on behalf of or in the interests of a boycotting organization for the purpose of assisting or encouraging directly or indirectly a boycott of the vital State project.
12 Certificate as to occurrence of boycott and as to voting at secret ballot to be evidence in proceedings
s. 12
For the purposes of any proceedings in relation to any matter arising under this Act—
(a) a certificate in writing signed by the Attorney-General and stating that an organization or person has engaged in a boycott of a vital State project specified in the certificate on the date or dates specified in the certificate;
S. 12(b) amended by Nos 75/1988
s. 4(3)
(Sch. Pt A item 2) (as amended by No. 74/2000 s. 3(Sch. 1 item 126)), 23/2002 s. 204(4).
(b) a certificate under the common seal of the Victorian Electoral Commission and stating that a person named therein was entitled to vote in a ballot held pursuant to section 9 and that that person did not vote at the ballot—
shall be prima facie evidence of the facts stated therein.
13 Averments to be prima facie evidence
For the purposes of any proceedings in relation to any matter arising under this Act—
S. 13(a) amended by No. 68/2009 s. 97(Sch. item 132.2(a)).
(a) the averment of the prosecutor or informant made in writing and served on the accused as hereinafter provided shall be prima facie evidence of the matter or matters averred;
(b) paragraph (a) shall apply to any matter so averred although—
(i) evidence in support or rebuttal of the matter averred or of any other matter is given by witnesses; or
(ii) the matter averred is a mixed question of law and fact; or
(iii) the matter averred is evidentiary only;
(c) any evidence given by witnesses in support or rebuttal of a matter so averred shall be considered on its merits and the credibility and probative value of such evidence shall neither be increased nor diminished by reason of this section;
S. 13(d) amended by No. 68/2009 s. 97(Sch. item 132.2(a)).
(d) an averment shall not be evidence for the purposes of this section unless a copy of the paper containing the averment has been served on the accused in the same manner as the process requiring his attendance before the court;
S. 13(e) amended by No. 68/2009 s. 97(Sch. item 132.2(b)).
(e) service of a copy of the document containing the averment may be proved in the same manner as service of the process commanding the attendance of the accused before the court may be proved;
S. 13(f) amended by No. 68/2009 s. 97(Sch. item 132.2(a)).
(f) the court may, if the amendments can be made without hardship or injustice to the accused, allow such amendments to be made in the writing containing an averment as appear to be desirable or to be necessary to enable the real question in dispute to be determined;
s. 13
S. 13(g) amended by No. 68/2009 s. 97(Sch. item 132.2(a)).
(g) if in any such case the court considers the accused has been misled by the form of the averment it may refuse to allow the amendments or adjourn the hearing of the case for such period as it thinks fit and make such order as to the costs of the adjournment as it thinks proper.
S. 14 amended by No. 16/1986
s. 30(Sch.).
14 Magistrate to hear prosecutions
Except where otherwise expressly provided a prosecution for an offence against this Act shall be heard by a Magistrates' Court consisting of a magistrate sitting alone.
15 Offences
s. 14
Any person who by force threats intimidation or offensive action of any kind (against whomsoever directed) interferes with or besets any other person in the course of or in relation to the performance of such other person of any function or duty in respect of a vital State project shall be guilty of an offence against this Act.
16 Penalties
Where no other penalty is expressly provided, a person or body who is guilty of an offence against this Act shall be liable—
S. 16(a) amended by No. 9554
s. 2(2)(Sch. 2 item 359).
(a) in the case of an organization to a fine of not more than 50 penalty units; and
S. 16(b) amended by No. 9554
s. 2(2)(Sch. 2 item 360).
(b) in the case of a person not being an organization to a fine of not more than 10 penalty units.
17 Consolidated Fund
Any sums required to be paid or provided for the purpose of this Act shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).
ENDNOTES
Endnotes
General Information
The Vital State Projects Act 1976 was assented to on 30 November 1976 and came into operation on 10 May 1977: Government Gazette 10 May 1977 page 1229.
Table of Amendments
Endnotes
This Version incorporates amendments made to the Vital State Projects Act 1976 by Acts and subordinate instruments.