Clause 4

A registered trade union shall not commence, promote, organise or finance any strike or any form of industrial action affecting the whole or any section of its members without obtaining the consent, by secret ballot, of the majority of the members so affected.(2) Any registered trade union which, and every member of its executive who, contravenes the provisions of subsection (1) shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars.(3) The members of a trade union who commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action —

where the consent of the majority of the members so affected has not been obtained by secret ballot; or

taken in contravention of the rules or by-laws of the trade union,shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars.(4) Any person who instigates or incites others to take part in or otherwise acts in furtherance of a strike or any form of industrial action —

where the consent of the majority of the members of a trade union so affected has not been obtained by secret ballot; or

taken in contravention of the rules or by-laws of the trade union to which the majority of the persons taking part in the strike or industrial action belongs,shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars.(5) For the purposes of investigating an offence under this section, the Registrar may by notice in writing require any person whom he believes could assist him in his investigations to appear before him at such place and time as stated in the notice and any person who fails or neglects without reasonable excuse to comply with any notice issued by the Registrar shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars.(6) Every person who has been required to appear before the Registrar under subsection (5) shall state truly the facts and circumstances of any strike or industrial action which he is acquainted with; and if such person fails to do so, he shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars.(7) In any proceedings for an offence under this section the onus of proving that the requirements specified in subsection (1), (2), (3) or (4) have been complied with shall be on the registered trade union, the member of its executive or a member of the trade union or any accused person, as the case may be.(8) For the purposes of this section, “industrial action” means the adoption of any practice, procedure or method in the performance of work which would result in a limitation on output or production in any occupation, service, trade, industry or business.”.