Vital State Projects Act 1976

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.

On receipt of a request under subsection (1) the Victorian Electoral Commission shall forthwith arrange for the holding of the secret ballot.

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.

The organization shall give all reasonable assistance to the Victorian Electoral Commission in the conduct of the ballot.

The ballot shall be held in such manner and form as the Victorian Electoral Commission determines.

Every person entitled to vote at a ballot held under this section shall record a vote for the ballot.

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.

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.

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.

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.