(1) A person shall not take part in industrial action in connection with a trade dispute in an essential service—
(a) during the period when the dispute is before the Tribunal; or
(b) where the Minister has referred the matter for settlement in accordance with section 391(3),
and in any event, not before the expiration of 31 days following the report of the dispute in accordance with section 391(1).
(2) A person who contravenes the provisions of subsection (1), commits an offence and is liable on summary conviction to a fine not exceeding $10,000.
(3) A person who incites or instigates or in any way encourages, persuades or influences a person employed or engaged in an essential service to take part in industrial action in contravention of this Division, commits an offence and is liable on summary conviction to a fine not exceeding $5,000.