Version No. 044
Trade Unions Act 1958
No. 6397 of 1958
Version incorporating amendments as at
18 October 2012
TABLE OF PROVISIONS
Section
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Short title and commencement
Repeal and savings
Definition
Trade union not unlawful for civil purposes
Certain contracts of trade unions not enforceable
Acts not applying to trade unions
Registry of trade unions
Buildings for trade unions may be purchased or leased
Property of the trade union vested in trustees
Actions etc. by or against trustees etc.
Limitation of responsibility of trustees
Treasurers etc. to account
Punishment for withholding money etc.
Membership of minors
Members may nominate persons to whom moneys payable
on death may be paid
Regulations for registration
Rules of registered trade union
Registered office of trade union
Change of name
Amalgamation
Registration of change of name and amalgamation
No union to be registered without provision being made for
dissolution
Annual returns to be prepared as Government Statist may
direct
Registrar and Government Statist to make annual reports
Circulating false copies of rules etc. an offence
Penalty for failure to give notice
Withdrawal or cancelling of certificate
Interested justice not to act
Government Statist to act instead of Actuary
Transitional
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Section
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SCHEDULES
20
SCHEDULE 1—Repeal
20
SCHEDULE 2—Maximum Fees
21
SCHEDULE 3—Of Matters to be Provided for by the Rules of Trade
Unions Registered under this Act
22
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ENDNOTES
23
1. General Information
23
2. Table of Amendments
24
3. Explanatory Details
27
ii
Version No. 044
Trade Unions Act 1958
No. 6397 of 1958
Version incorporating amendments as at
18 October 2012
An Act to consolidate the Law relating to Trade Unions.
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 and commencement
This 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.
2 Repeal and savings
(1) The Act mentioned in the First Schedule to this
Act to the extent thereby expressed to be repealed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 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;
1
Trade Unions Act 1958
No. 6397 of 1958
s. 3
(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.
No. 3788 s. 3.
3 Definition
(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—
(a) any agreement between partners as to their
own business;
(b) any agreement between an employer and
those employed by him as to such
employment; or
(c) any agreement in consideration of the sale of
the goodwill of a business or of instruction in
any profession trade or handicraft.
2
Trade Unions Act 1958
No. 6397 of 1958
s. 4
(2) The Head of the Department for which the
Minister is responsible is the registrar under this
Act.
4 Trade union not unlawful for civil purposes
S. 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
s. 10(Sch. 2
item 22).
No. 3788 s. 4.
The 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.
The 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.
5 Certain contracts of trade unions not enforceable
Nothing 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)—
(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;
(b) any agreement for the payment by any
person of any subscription or penalty to a
trade union;
3
No. 3788 s. 5.
Trade Unions Act 1958
No. 6397 of 1958
s. 6
(c) any agreement for the application of the
funds of a trade union—
(i) to provide benefits to members; or
(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
(iii) to discharge any fine imposed upon any
person by sentence of a court of justice;
(d) any agreement made between one trade
union and another; or
(e) any bond to secure the performance of any of
the above-mentioned agreements—
but nothing in this section shall be deemed to
constitute any of the above-mentioned agreements
unlawful.
No. 3788 s. 6.
S. 6
amended 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).
S. 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).
6 Acts not applying to trade unions
The following Acts and laws (that is to say)—
*
*
*
4
*
*
Trade Unions Act 1958
No. 6397 of 1958
s. 7
(b) the Industrial and Provident Societies Act
1958;
(c) the Companies Act 1961;
(d) the Companies (Victoria) Code—
S. 6(d)
inserted by
No. 9699 s. 23.
shall not apply to any trade union, and the
registration of any trade union under any of the
said Acts shall be void.
7 Registry of trade unions
No. 3788 s. 7.
Any 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.
8 Buildings for trade unions may be purchased or
leased
Any 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
5
No. 3788 s. 8.
Trade Unions Act 1958
No. 6397 of 1958
s. 9
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.
No. 3788 s. 9.
S. 9
amended by
Nos 18/1989
s. 13(Sch. 2
item 89),
68/2009
s. 97(Sch.
item 122.1).
9 Property of the trade union vested in trustees
All 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
6
Trade Unions Act 1958
No. 6397 of 1958
s. 10
trustee in their proper names as trustees of such
trade union without any further description.
10 Actions etc. by or against trustees etc.
No. 3788 s. 10.
The 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.
11 Limitation of responsibility of trustees
A 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.
7
No. 3788 s. 11.
Trade Unions Act 1958
No. 6397 of 1958
s. 12
No. 3788 s. 12.
S. 12
amended by
No. 35/1996
s. 453(Sch. 1
item 84).
12 Treasurers etc. to account
Every 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.
8
Trade Unions Act 1958
No. 6397 of 1958
s. 13
13 Punishment for withholding money etc.1
If 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.
9
No. 3788 s. 13.
S. 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).
Trade Unions Act 1958
No. 6397 of 1958
s. 14
No. 3788 s. 14.
14 Membership of minors
A 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.
No. 3788 s. 15.
15 Members may nominate persons to whom moneys
payable on death may be paid
A 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 $1002 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.
No. 3788 s. 16.
16 Regulations for registration
With respect to the registration under this Act of a
trade union and of the rules thereof, the following
provisions shall have effect—
10
Trade Unions Act 1958
No. 6397 of 1958
s. 16
(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;
(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;
(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;
(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;
(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
11
S. 16(a)
amended by
No. 8181
s. 2(1)(Sch.
item 183).
Trade Unions Act 1958
No. 6397 of 1958
s. 17
(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.
No. 3788 s. 17.
17 Rules of registered trade union
With respect to the rules of a trade union
registered under this Act, the following provisions
shall have effect—
(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
(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.
No. 3788 s. 18.
18 Registered office of trade union
Every 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 $104 for every
day during which it is so in operation.
12
Trade Unions Act 1958
No. 6397 of 1958
s. 19
Notice 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.
No. 3788 s. 19.
19 Change of name
A 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.
No 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.
No. 3788 s. 20.
20 Amalgamation
Any 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.
21 Registration of change of name and amalgamation
Notice 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
13
No. 3788 s. 21.
Trade Unions Act 1958
No. 6397 of 1958
s. 22
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.
No. 3788 s. 22.
22 No union to be registered without provision being
made for dissolution
No trade union shall be registered under this Act
unless the rules of such trade union contain—
(a) provisions as to the manner in which the
same may be dissolved; and
(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.
14
Trade Unions Act 1958
No. 6397 of 1958
s. 23
23 Annual returns to be prepared as Government
Statist may direct5
A 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.
In 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.
Every 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.
Every 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.
15
No. 3788 s. 23.
Trade Unions Act 1958
No. 6397 of 1958
s. 24
No. 3788 s. 24.
24 Registrar and Government Statist to make annual
reports
The 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.
No. 3788 s. 25.
S. 25
amended by
Nos 9576
s. 11(1),
7/2009
s. 435(3) (as
amended by
No. 68/2009
s. 54(u)).
No. 3788 s. 26.
25 Circulating false copies of rules etc. an offence
Every 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.
26 Penalty for failure to give notice6
A 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
16
Trade Unions Act 1958
No. 6397 of 1958
s. 27
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.
27 Withdrawal or cancelling of certificate
No certificate of registration of a trade union shall
be withdrawn or cancelled otherwise than by the
registrar and in the following cases only—
(a) at the request of the trade union to be
evidenced in such manner as the registrar
shall from time to time direct;
(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.
Not 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
17
No. 3788 s. 27.
Trade Unions Act 1958
No. 6397 of 1958
s. 28
be enforced against the same as if such
withdrawal or cancelling had not taken place.
Notwithstanding 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.
No. 3788 s. 28.
S. 28
amended by
Nos 7876
s. 2(3),
57/1989
s. 3(Sch. item
200.2(a)–(c)).
28 Interested justice not to act
No 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.
All fines, penalties, and forfeitures under this Act
may be recovered in a summary way before the
Magistrates' Court.
No. 3788 s. 29.
29 Government Statist to act instead of Actuary
Whenever 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.
S. 30
inserted by
No. 68/2009
s. 97(Sch.
item 122.3).
30 Transitional
(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.
18
Trade Unions Act 1958
No. 6397 of 1958
s. 30
(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.
__________________
19
Trade Unions Act 1958
No. 6397 of 1958
Sch. 1
SCHEDULES
FIRST SCHEDULE
S. 2.
Number
of Act
Title of Act
Extent of Repeal
3788
Trade Unions Act 1928
The whole
_______________
20
Trade Unions Act 1958
No. 6397 of 1958
Sch. 2
SECOND SCHEDULE7
S. 16.
MAXIMUM FEES
$.c
2.00
1.00
0.10
For registering trade union
For registering alterations in rules
For inspection of documents
_______________
21
Trade Unions Act 1958
No. 6397 of 1958
Sch. 3
THIRD SCHEDULE
S. 17.
OF MATTERS TO BE PROVIDED FOR BY THE RULES OF
TRADE UNIONS REGISTERED UNDER THIS ACT
1.
The name of the trade union and place of meeting for the
business of the trade union.
2.
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.
3.
The manner of making altering amending and rescinding
rules.
4.
A provision for the appointment and removal of a general
committee of management of a trustee or trustees treasurer
and other officers.
5.
A provision for the investment of the funds and for an
annual or periodical audit of accounts.
6.
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.
═══════════════
22
Trade Unions Act 1958
No. 6397 of 1958
Endnotes
ENDNOTES
1. General Information
The 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.
23
Trade Unions Act 1958
No. 6397 of 1958
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Trade Unions Act 1958
by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Companies Act 1958, No. 6455/1958
Assent Date:
2.12.58
Commencement Date:
1.4.59: Government Gazette 4.3.59 p. 496
Current State:
All of Act in operation
Companies Act 1961, No. 6839/1961
Assent Date:
19.12.61
Commencement Date:
1.7.62: Government Gazette 21.2.62 p. 392
Current State:
All of Act in operation
Justices (Amendment) Act 1969, No. 7876/1969
Assent Date:
25.11.69
Commencement Date:
S. 2(3) on 1.4.70: Government Gazette 25.2.70 p. 463
Current State:
This information relates only to the provision/s
amending the Trade Unions Act 1958
Statute Law Revision Act 1971, No. 8181/1971
Assent Date:
23.11.71
Commencement Date:
23.11.71: subject to s. 2(2)
Current State:
All of Act in operation
Crimes (Classification of Offences) Act 1981, No. 9576/1981
Assent Date:
26.5.81
Commencement Date:
1.9.81: Government Gazette 26.8.81 p. 2799
Current State:
All of Act in operation
Companies (Consequential Amendments) Act 1981, No. 9699/1981
Assent Date:
5.1.82
Commencement Date:
S. 23 on 1.7.82: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Trade Unions Act 1958
Penalties and Sentences (Amendment) Act 1983, No. 9945/1983
Assent Date:
20.9.83
Commencement Date:
S. 3(3)(Sch. 2 item 35) on 20.12.83: Government
Gazette 14.12.83 p. 4035
Current State:
This information relates only to the provision/s
amending the Trade Unions Act 1958
Friendly Societies Act 1986, No. 119/1986
Assent Date:
23.12.86
Commencement Date:
1.9.87: Government Gazette 26.8.87 p. 2257
Current State:
All of Act in operation
24
Trade Unions Act 1958
No. 6397 of 1958
Endnotes
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date:
16.5.89
Commencement Date:
3.2.92: Government Gazette 18.12.91 p. 3488
Current State:
All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 3(Sch. items 200.1, 200.2) on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State:
This information relates only to the provision/s
amending the Trade Unions Act 1958
Friendly Societies (Reserve Board) Act 1991, No. 50/1991
Assent Date:
17.9.91
Commencement Date:
S. 14 on 5.5.92: Special Gazette (No. 13) 5.5.92 p. 1
Current State:
This information relates only to the provision/s
amending the Trade Unions Act 1958
Financial Institutions (Victoria) Act 1992, No. 48/1992
Assent Date:
30.6.92
Commencement Date:
S. 118 on 29.7.92: Government Gazette 29.7.92
p. 1971
Current State:
This information relates only to the provision/s
amending the Trade Unions Act 1958
Employee Relations Act 1992, No. 83/1992
Assent Date:
24.11.92
Commencement Date:
S. 182 on 4.1.93: Special Gazette (No. 63) 27.11.92
p. 1
Current State:
This information relates only to the provision/s
amending the Trade Unions Act 1958
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 item 84) on 1.1.97: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Trade Unions Act 1958
Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996
Assent Date:
12.12.96
Commencement Date:
S. 10(Sch. 2 item 22) on 1.1.97: Special Gazette
(No. 146) 23.12.96 p. 15
Current State:
This information relates only to the provision/s
amending the Trade Unions Act 1958
Financial Sector Reform (Victoria) Act 1999, No. 37/1999
Assent Date:
8.6.99
Commencement Date:
S. 58(Sch. 3 item 12) on 1.7.99: Special Gazette
(No. 97) 30.6.99 p. 2
Current State:
This information relates only to the provision/s
amending the Trade Unions Act 1958
25
Trade Unions Act 1958
No. 6397 of 1958
Endnotes
Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009)
Assent Date:
10.3.09
Commencement Date:
S. 435(3) on 1.1.10: Government Gazette 10.12.09
p. 3215
Current State:
This information relates only to the provision/s
amending the Trade Unions Act 1958
Criminal Procedure Amendment (Consequential and Transitional Provisions)
Act 2009, No. 68/2009
Assent Date:
24.11.09
Commencement Date:
S. 97(Sch. item 122) on 1.1.10: Government Gazette
10.12.09 p. 3215
Current State:
This information relates only to the provision/s
amending the Trade Unions Act 1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
26
Trade Unions Act 1958
No. 6397 of 1958
Endnotes
3. Explanatory Details
1
S. 13: Refer to section 5 of the Decimal Currency Act 1965,
No. 7315/1965.
2
S. 15: See note 1.
3
S. 17(b): See note 1.
4
S. 18: See note 1.
5
S. 23: See note 1.
6
S. 26: See note 1.
7
Sch. 2: See note 1.
27