Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Queen's Wharf Brisbane
Bill 2015
Queensland
Queen's Wharf Brisbane Bill 2015
Contents
Page
Chapter 1 Preliminary
Part 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Relationship with other Acts generally . . . . . . . . . . . . . . . . . . . . . 9
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 2 Interpretation
6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 References to this Act and provisions . . . . . . . . . . . . . . . . . . . . . 9
8 Different drafting practice not to affect meaning . . . . . . . . . . . . . . 9
9 Meaning of casino agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Chapter 2 Casino agreement has force of law
10 Making and ratifying agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Amendment of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Publication of consolidated agreement. . . . . . . . . . . . . . . . . . . . . 11
Chapter 3 Changes to parties to casino agreement
13 Meaning of holding entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14 Becoming a party to casino agreement . . . . . . . . . . . . . . . . . . . . 12
15 Ceasing to be a party to casino agreement . . . . . . . . . . . . . . . . . 13
Chapter 4 Interests in relevant entities
Part 1 Preliminary
16 Definitions for chapter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Meaning of relevant entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Meaning of relevant interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19 Provision for trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Queen's Wharf Brisbane Bill 2015
Contents
Part 2 Requirements about voting power and relevant interests
Division 1 Approval requirements
Subdivision 1 Requirements relating to the licensee and IR Holdco etc.
20 Voting power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21 Non-voting interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
22 Convertible securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 2 Requirements relating to other relevant entities
23 Voting power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 3 General provisions for approvals
24 Requirement about suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Approval may be conditional . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
26 Effect of direction under pt 3, div 2 . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 2 Notice requirements
27 Notice requirements relating to the licensee and IR Holdco . . . . 24
28 Notice requirements relating to other relevant entities . . . . . . . . . 24
Division 3 General
29 Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 3 Disposal of interests and convertible securities
Division 1 Noncompliance with approval requirements
30 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Decision to investigate person's suitability . . . . . . . . . . . . . . . . . . 26
33 Recommendation of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Direction to take action to remedy noncompliance. . . . . . . . . . . . 28
35 Relationship with div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2 Other disposal provisions
36 Recommendation of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
37 Direction to dispose of interests and convertible securities . . . . . 29
Part 4 Information about ownership of interests
38 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
39 Disclosure notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
40 Requirement to comply with disclosure notice . . . . . . . . . . . . . . . 31
Chapter 5 Interaction with other laws
Part 1 Application of Land Act
Division 1 Preliminary
41 Purpose of part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Page 2
Queen's Wharf Brisbane Bill 2015
Contents
42 Interpretation for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2 Granting and leasing land to the State
43 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
44 Grant in fee simple to State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
45 Lease issued to State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
46 Effect of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
47 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
48 Application of Land Act to granting and leasing . . . . . . . . . . . . . . 39
Division 3 Dealings on Queen's Wharf headlease land
49 Sublease dealings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
50 Trust instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
51 Concurrent sublease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
52 Licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
53 Application of Land Act to concurrent sublease or licence . . . . . . 41
54 Indemnity and insurance conditions for subleases and licences . 41
55 Holding over term not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
56 Disapplied mediation provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 42
57 Application of other Land Act provisions to subleasing . . . . . . . . 42
Part 2 Application of Land Title Act
58 Registration of public thoroughfare easements . . . . . . . . . . . . . . 43
Part 3 Application of Property Law Act 1974
59 Non-application of s 121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Part 4 Application of Residential Tenancies and Rooming
Accommodation Act 2008
60 Declaration about application of Act . . . . . . . . . . . . . . . . . . . . . . . 44
Part 5 Application of Retail Shop Leases Act 1994
61 Queen's Wharf lease not a retail shop lease . . . . . . . . . . . . . . . . 45
Part 6 Application of Transport Infrastructure Act 1994
62 Non-application of s 105ZP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Part 7 Declaration about particular agreements
63 Agreement amounts are not penalties . . . . . . . . . . . . . . . . . . . . . 46
Chapter 6 Miscellaneous
64 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
65 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Page 3
Queen's Wharf Brisbane Bill 2015
Contents
Chapter 7 Transitional provisions
66 Application of existing determination of suitability for ch 4 approval
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Chapter 8 Amendment of Acts
Part 1 Amendment of this Act
67 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
68 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Part 2 Amendment of Brisbane Casino Agreement Act 1992
69 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
70 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Part 3 Amendment of Casino Control Act 1982
71 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
72 Replacement of s 4A (References to casino operation or operation of a
casino) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
4A References to operation of casino etc. . . . . . . . . . . . . 50
73 Amendment of s 18 (Grant of casino licences) . . . . . . . . . . . . . . 50
74 Amendment of s 19 (Agreement to precede grant of casino licence) 50
75 Amendment of s 21 (Hotel-casino complex owner or State as licensee)
51
76 Amendment of s 22 (Casino licence) . . . . . . . . . . . . . . . . . . . . . . 52
77 Amendment of s 30 (Investigations concerning continued suitability of
casino licensee etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
78 Amendment of s 31 (Cancellation or suspension of casino licences and
letters of censure). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
79 Amendment of s 51 (Casino tax) . . . . . . . . . . . . . . . . . . . . . . . . . 53
80 Replacement of ss 59 and 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
59 Casino layout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
60 Changes to casino layout . . . . . . . . . . . . . . . . . . . . . . 54
81 Amendment of s 62 (Gaming equipment and chips) . . . . . . . . . . 55
82 Amendment of s 66 (Casino operator shall not accept credit wagers
etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
83 Amendment of s 67 (Player accounts) . . . . . . . . . . . . . . . . . . . . . 56
84 Amendment of s 87 (Inspectors may be and remain on casino premises)
56
85 Insertion of new pt 11, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 10 Transitional provision for Queen's Wharf
Brisbane Act 2015
151 Application of amended provisions. . . . . . . . . . . . . . . 57
Page 4
Queen's Wharf Brisbane Bill 2015
Contents
86 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 57
Part 4 Amendment of Economic Development Act 2012
87 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
88 Amendment of s 4 (How main purpose is primarily achieved) . . . 58
89 Amendment of s 13 (MEDQ's functions) . . . . . . . . . . . . . . . . . . . 58
90 Amendment of s 33 (Development and its types). . . . . . . . . . . . . 59
91 Amendment of s 35 (Provisional land use plan required for provisional
priority development area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
92 Amendment of s 38 (Interim land use plan required) . . . . . . . . . . 60
93 Insertion of new ch 3, pt 2, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 2A Declaration of PDA-associated development
by MEDQ
40A Application of division. . . . . . . . . . . . . . . . . . . . . . . . . 60
40B Consultation required before declaring PDA-associated
development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
40C Declaration of PDA-associated development . . . . . . . 61
40D Content of declaration . . . . . . . . . . . . . . . . . . . . . . . . 63
40E Notice of declaration. . . . . . . . . . . . . . . . . . . . . . . . . . 63
94 Amendment of s 42 (Revocation or reduction of priority development
area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
95 Amendment of s 48 (Conversion of PDA development approval to SPA
development approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
96 Amendment of s 49 (Outstanding PDA development applications) 64
97 Amendment of s 50 (Provisions for converted SPA development
approval). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
98 Insertion of new s 51A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
51A Lawful uses relating to PDA-associated development 65
99 Amendment of s 57 (Content of development scheme) . . . . . . . . 66
100 Amendment of ch 3, pt 4, hdg (Development and uses in priority
development areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
101 Amendment of s 73 (Carrying out PDA assessable development without
PDA development permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
102 Amendment of s 74 (PDA self-assessable development must comply
with relevant development instrument) . . . . . . . . . . . . . . . . . . . . . 67
103 Amendment of s 76 (Offence about use of premises) . . . . . . . . . 68
104 Amendment of s 78 (Lawful uses of premises protected) . . . . . . 68
105 Amendment of s 80 (Amendment of relevant development instrument
does not affect existing SPA or PDA development approval) . . . . 68
106 Amendment of s 84 (Notice of application) . . . . . . . . . . . . . . . . . 69
Page 5
Queen's Wharf Brisbane Bill 2015
Contents
107 Amendment of s 86 (Restrictions on granting approval) . . . . . . . 69
108 Amendment of s 87 (Matters to be considered in making decision) 69
109 Amendment of s 103 (Restriction on particular land covenants) . 70
110 Amendment of ch 3, pt 8, hdg (MEDQ's powers relating to priority
development areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
111 Amendment of s 123 (Application of local government entry powers for
MEDQ's functions or powers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
112 Amendment of s 124 (Roads and road closures). . . . . . . . . . . . . 71
113 Amendment of s 126 (Giving information about roads to relevant local
government) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
114 Amendment of s 172 (Registers) . . . . . . . . . . . . . . . . . . . . . . . . . 71
115 Amendment of ch 6, hdg (Transitional provisions and repeals) . . 72
116 Insertion of new ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Chapter 7 Other transitional provisions
Part 1 Transitional provisions for Queen's Wharf
Brisbane Act 2015
217 Definition for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
218 Application of amendments about PDA-associated
development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
219 Application of amended s 103 . . . . . . . . . . . . . . . . . . 73
117 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 73
Part 5 Amendment of Liquor Act 1992
118 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
119 Amendment of s 9 (Ordinary trading hours) . . . . . . . . . . . . . . . . . 74
120 Amendment of s 142AA (Application of div 5) . . . . . . . . . . . . . . . 75
Part 6 Amendment of South Bank Corporation Act 1989
121 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
122 Amendment of s 4 (Meaning of assessable development). . . . . . 75
Part 7 Amendment of South-East Queensland Water (Distribution
and Retail Restructuring) Act 2009
123 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
124 Amendment of s 99BRAT (Assessment of connections, water approvals
and works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Schedule 1 Proposed agreement for casino . . . . . . . . . . . . . . . . . . . . . . . . 77
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
Page 6
2015
A Bill
for
An Act to provide for the ratification of the agreement for the
Queen's Wharf Brisbane casino and provide for other matters
relating to the development of Queen's Wharf Brisbane, and to
amend this Act, the Brisbane Casino Agreement Act 1992, the
Casino Control Act 1982, the Economic Development Act 2012,
the Liquor Act 1992, the South Bank Corporation Act 1989 and
the South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009 for particular purposes
Queen's Wharf Brisbane Bill 2015
Chapter 1 Preliminary
Part 1 Introduction
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Part 1 Introduction 3
1 Short title 4
This Act may be cited as the Queen's Wharf Brisbane Act 5
2015. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
3 Purposes 9
The main purposes of this Act are the following-- 10
(a) to provide for the entering into and ratification of an 11
agreement for a casino to be located within the Queen's 12
Wharf priority development area; 13
(b) to enact the agreement as a law; 14
(c) to provide for the way in which an entity may become, 15
or stop being, a party to the agreement; 16
(d) to state the requirements for holding interests in relation 17
to an entity that is a party to, or referred to in, the 18
agreement; 19
(e) to provide for the interaction between this Act and other 20
laws. 21
Page 8
Queen's Wharf Brisbane Bill 2015
Chapter 1 Preliminary
Part 2 Interpretation
[s 4]
4 Relationship with other Acts generally 1
(1) If a provision of this Act is inconsistent with another Act, the 2
provision prevails over the other Act to the extent of the 3
inconsistency. 4
(2) Subsection (1) does not affect a provision of this Act or 5
another Act that expressly deals with the interaction between 6
this Act and the other Act. 7
5 Act binds all persons 8
(1) This Act binds all persons, including the State. 9
(2) Nothing in this Act makes the State liable to be prosecuted for 10
an offence. 11
Part 2 Interpretation 12
6 Definitions 13
The dictionary in schedule 2 defines particular words used in 14
this Act. 15
7 References to this Act and provisions 16
Unless the context otherwise requires, a reference to this Act, 17
or a provision of this Act, includes a reference to the casino 18
agreement, or a provision of the agreement. 19
Note-- 20
Under section 10, the casino agreement has effect as if it were a law of 21
the State. 22
8 Different drafting practice not to affect meaning 23
(1) This section applies if-- 24
Page 9
Queen's Wharf Brisbane Bill 2015
Chapter 2 Casino agreement has force of law
[s 9]
(a) a provision of the casino agreement expresses an idea in 1
particular words; and 2
(b) another provision of this Act appears to express the 3
same idea in different words for the purpose of giving 4
effect to the agreement. 5
(2) The ideas are taken not to be different merely because 6
different words are used. 7
9 Meaning of casino agreement 8
The casino agreement is the agreement made and approved 9
by regulation under section 10, as amended from time to time 10
under section 11. 11
Chapter 2 Casino agreement has force 12
of law 13
10 Making and ratifying agreement 14
(1) The Minister may, on behalf of the State, enter into an 15
agreement on the terms, and with the other parties, set out in 16
the proposed agreement in schedule 1. 17
(2) If an agreement entered into under subsection (1) is approved 18
by regulation, the agreement-- 19
(a) is taken to be ratified by the Legislative Assembly for 20
the purposes of the Control Act, section 19; and 21
(b) has effect as if it were a law of the State. 22
11 Amendment of agreement 23
(1) The casino agreement may be amended by a further 24
agreement between the parties to the agreement. 25
Page 10
Queen's Wharf Brisbane Bill 2015
Chapter 3 Changes to parties to casino agreement
[s 12]
(2) If the further agreement is ratified by the Legislative 1
Assembly, the further agreement-- 2
(a) takes effect to amend the casino agreement; and 3
(b) has effect as if it were a law of the State. 4
12 Publication of consolidated agreement 5
The chief executive must, from time to time, publish a 6
document on the department's website consolidating the 7
agreement entered into under section 10 and any further 8
agreements under section 11. 9
Chapter 3 Changes to parties to 10
casino agreement 11
13 Meaning of holding entity 12
(1) An entity (the second entity) is the holding entity of another 13
entity (the first entity) if the first entity is a subsidiary of the 14
second entity. 15
(2) For deciding whether the first entity is a subsidiary of the 16
second entity, if the first entity is a trustee of a trust and the 17
second entity holds interests in the trust, the definition 18
subsidiary applies with any necessary changes as if-- 19
(a) the trust were a body corporate; and 20
(b) interests in the trust were shares in the body corporate; 21
and 22
(c) a meeting of members of the trust were a general 23
meeting of the body corporate; and 24
(d) the appointment of a trustee for the trust were the 25
election of the directors of the body corporate; and 26
Page 11
Queen's Wharf Brisbane Bill 2015
Chapter 3 Changes to parties to casino agreement
[s 14]
(e) if the second entity holds the interests in the first entity 1
as a trustee of a trust--that trust were a body corporate. 2
14 Becoming a party to casino agreement 3
(1) This section applies to a person if-- 4
(a) the person proposes to become a holding entity of a 5
relevant entity; or 6
(b) the person proposes to become a trustee of a trust to 7
which each of the following applies-- 8
(i) a consortium party is a trustee of the trust; 9
(ii) the trust is a relevant entity; 10
(iii) the trust holds interests in another relevant entity; 11
or 12
(c) the Governor in Council decides, on the Minister's 13
recommendation, to require the person to become a 14
party to the casino agreement, including, for example, as 15
a condition of granting an approval under chapter 4, part 16
2, division 1; or 17
(d) the person and the Minister agree in writing that the 18
person will become a party to the casino agreement. 19
(2) Despite subsection (1), the Minister may decide this section 20
does not apply to a person mentioned in subsection (1)(a) or 21
(b). 22
(3) The person must, on or before the compliance day, sign a deed 23
in the approved form (an accession deed) under which the 24
person becomes, subject to the terms and conditions stated in 25
the deed, each of the following-- 26
(a) a party to the casino agreement; 27
(b) a consortium party; 28
(c) a relevant entity; 29
(d) if applicable, an ultimate parent under the casino 30
agreement. 31
Page 12
Queen's Wharf Brisbane Bill 2015
Chapter 3 Changes to parties to casino agreement
[s 15]
Maximum penalty--40 penalty units. 1
Note-- 2
A direction may also be given under chapter 4, part 3 enforcing 3
compliance with this requirement. 4
(4) For subsection (3), the compliance day is-- 5
(a) for a person mentioned in subsection (1)(a) or (b)-- 6
(i) the day that is 2 weeks before the day on which the 7
person becomes a holding entity or trustee 8
mentioned in the subsection; or 9
(ii) if the Minister gives the person a written notice 10
stating a later day for the purposes of this 11
subsection--the later day; or 12
(b) for a person mentioned in subsection (1)(c)--the day 13
stated in the Governor in Council's decision for the 14
purposes of this subsection; or 15
(c) for a person mentioned in subsection (1)(d)--the day 16
agreed by the person and the Minister for the purposes 17
of this subsection. 18
(5) For subsection (4)(b), the day stated in the Governor in 19
Council's decision must be at least a reasonable period after 20
notice of the decision is given to the person. 21
(6) The accession deed takes effect when-- 22
(a) the signed accession deed has been published in the 23
gazette; and 24
(b) it has become unconditional. 25
(7) This section does not limit the operation of chapter 4, part 2. 26
15 Ceasing to be a party to casino agreement 27
(1) This section applies if-- 28
(a) a consortium party (the ceasing party) stops being, or 29
proposes to stop being-- 30
(i) a holding entity of a relevant entity; or 31
Page 13
Queen's Wharf Brisbane Bill 2015
Chapter 3 Changes to parties to casino agreement
[s 15]
(ii) a trustee of a trust that is a relevant entity; and 1
(b) the Minister and each other consortium party consents 2
in writing to the ceasing party no longer being a party to 3
the casino agreement. 4
(2) Also, this section applies in relation to a consortium party 5
(also the ceasing party) in any other circumstances decided by 6
the Minister, if each other consortium party consents in 7
writing to the ceasing party no longer being a party to the 8
casino agreement. 9
(3) The ceasing party may sign a deed in the approved form (a 10
deed of cessation) under which the ceasing party stops being, 11
subject to the terms and conditions stated in the deed, each of 12
the following-- 13
(a) a party to the casino agreement; 14
(b) a consortium party; 15
(c) a relevant entity; 16
(d) if applicable, an ultimate parent under the casino 17
agreement. 18
(4) Despite subsection (3)(c), the ceasing party does not stop 19
being a relevant entity if, on or after the signing of the deed of 20
cessation, the party is declared to be a relevant entity by the 21
Minister under section 17(1)(c). 22
(5) The deed of cessation is of no effect unless-- 23
(a) the ceasing party gives a copy of the signed deed to the 24
Minister and each other consortium party; and 25
(b) the signed deed has been published in the gazette. 26
(6) If the requirements mentioned in subsection (5)(a) and (b) are 27
satisfied, the deed of cessation takes effect when it becomes 28
unconditional. 29
(7) This section does not limit the operation of chapter 4, part 2. 30
Page 14
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 1 Preliminary
[s 16]
Chapter 4 Interests in relevant entities 1
Part 1 Preliminary 2
16 Definitions for chapter 3
In this chapter-- 4
associate, of a person in relation to a relevant entity, has the 5
meaning given under the Corporations Act, sections 12 and 6
16(1). 7
convertible securities, in a relevant entity, means securities in 8
any class that are convertible into interests in the entity. 9
interest, in a relevant entity, means a voting interest or 10
non-voting interest in the entity. 11
managed investment scheme see the Corporations Act, 12
section 9. 13
non-voting interest, in a relevant entity, means-- 14
(a) if the entity is a trust--an interest in the trust, other than 15
a voting interest, within the meaning of the Corporations 16
Act as if the trust were a managed investment scheme; 17
or 18
Note-- 19
In relation to trusts, see also section 19. 20
(b) otherwise--a non-voting share within the meaning of 21
the Corporations Act. 22
relevant entity see section 17. 23
relevant interest, in interests or convertible securities in a 24
relevant entity, see section 18. 25
required approval means prior written approval given under 26
the provision in which the reference appears. 27
security means-- 28
Page 15
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 1 Preliminary
[s 16]
(a) a security mentioned in the Corporations Act, section 1
92(3); or 2
(b) an interest in a managed investment scheme, other than 3
a registered scheme within the meaning of the 4
Corporations Act; or 5
Note-- 6
An interest in a registered scheme is a security mentioned in 7
paragraph (a). 8
(c) an interest in a trust that, but for the operation of section 9
19, would not be a managed investment scheme because 10
of paragraph (e) of the definition managed investment 11
scheme under the Corporations Act, section 9. 12
voting interest, in a relevant entity, means-- 13
(a) if the entity is a trust--a voting interest within the 14
meaning of the Corporations Act as if the trust were a 15
managed investment scheme; or 16
Note-- 17
In relation to trusts, see also section 19. 18
(b) otherwise--a voting share within the meaning of the 19
Corporations Act. 20
voting power, of a person in a relevant entity, has the meaning 21
given under the Corporations Act, section 610. 22
Notes-- 23
1 A person's voting power in a relevant entity that is a body corporate 24
does not include voting power in a relevant entity that is a trust of 25
which the body corporate is a trustee. 26
2 See also section 19 in relation to trusts. 27
3 Under part 2, division 1, a person must comply with the approval 28
requirements separately in relation to-- 29
(a) voting power in a relevant entity that is a body corporate; and 30
(b) voting power in a relevant entity that is a trust of which the 31
body corporate is a trustee. 32
Page 16
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 1 Preliminary
[s 17]
17 Meaning of relevant entity 1
(1) Each of the following entities is a relevant entity-- 2
(a) an entity listed in the casino agreement, schedule 3, 3
column 1 or 2; 4
(b) an entity that becomes a party to the casino agreement 5
under chapter 3; 6
(c) an entity declared by the Minister, by notice, to be a 7
relevant entity. 8
Note-- 9
A trust, and a trustee of the trust, may be separate relevant entities. See 10
also section 19 in relation to trusts. 11
(2) However, relevant entity does not include-- 12
(a) an entity that stops being a party to the casino agreement 13
under chapter 3; or 14
(b) an entity declared by the Minister, by notice, not to be a 15
relevant entity. 16
(3) The Minister may declare an entity to be a relevant entity 17
under subsection (1)(c) only if, in the Minister's opinion-- 18
(a) the entity can influence the ownership, management or 19
operations of another relevant entity in relation to the 20
Queen's Wharf complex or the Queen's Wharf casino; 21
or 22
(b) the entity is a subsidiary of, or is otherwise controlled or 23
significantly influenced by-- 24
(i) the licensee or IR Holdco; or 25
(ii) another relevant entity that is a trustee of the IR 26
Holding Trust or IR Operating Trust. 27
(4) The Minister may declare an entity not to be a relevant entity 28
under subsection (2)(b) only if, in the Minister's opinion-- 29
(a) the entity can not influence the ownership, management 30
or operations of another relevant entity in relation to the 31
Page 17
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 1 Preliminary
[s 18]
Queen's Wharf complex or the Queen's Wharf casino; 1
and 2
(b) the entity is not a subsidiary of, or otherwise controlled 3
or significantly influenced by-- 4
(i) the licensee or IR Holdco; or 5
(ii) another relevant entity that is a trustee of the IR 6
Holding Trust or IR Operating Trust. 7
(5) A notice under subsection (1)(c) or (2)(b) is subordinate 8
legislation. 9
(6) The Minister must give a copy of a notice under subsection 10
(1)(c) or (2)(b) to the entity to which the declaration relates. 11
18 Meaning of relevant interest 12
(1) A person's relevant interest, in interests or convertible 13
securities in a relevant entity, has the meaning given under the 14
Corporations Act. 15
Notes-- 16
1 If a relevant entity is a body corporate, a person's relevant interest in 17
interests or convertible securities in the entity does not include a 18
relevant interest in interests or convertible securities in a trust of 19
which the entity is a trustee. 20
2 Under part 2, division 1, a person must comply with the approval 21
requirements separately in relation to-- 22
(a) interests or convertible securities in a relevant entity that is a 23
body corporate; and 24
(b) interests or convertible securities in a relevant entity that is a 25
trust of which the body corporate is a trustee. 26
(2) For subsection (1), interests in a relevant entity that is a trust 27
are taken to be securities. 28
19 Provision for trusts 29
(1) For this chapter, a trust is taken to be-- 30
(a) an entity; and 31
Page 18
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 2 Requirements about voting power and relevant interests
[s 19]
(b) a managed investment scheme and a designated body 1
under the Corporations Act. 2
(2) For applying a provision of this Act in relation to a trust-- 3
(a) if the provision imposes an obligation in relation to the 4
trust, the obligation is taken to be imposed in relation to 5
each trustee of the trust acting in that capacity; and 6
(b) if the provision refers to consent given by the trust, the 7
consent must be given by each trustee of the trust acting 8
in that capacity; and 9
(c) if the provision requires a document to be given to or by 10
the trust, the document must be given to or by a trustee 11
of the trust. 12
Part 2 Requirements about voting 13
power and relevant interests 14
Division 1 Approval requirements 15
Notes-- 16
1 See subdivision 3 for general provisions about the giving of 17
approvals under subdivision 1 or 2. 18
2 A direction may be given under part 3 enforcing compliance with a 19
requirement under this division. 20
Page 19
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 2 Requirements about voting power and relevant interests
[s 20]
Subdivision 1 Requirements relating to the 1
licensee and IR Holdco etc. 2
20 Voting power 3
(1) This section applies to a person's voting power in any of the 4
following relevant entities-- 5
(a) the licensee or IR Holdco; 6
(b) any other relevant entity that is a trustee of the IR 7
Holding Trust or IR Operating Trust; 8
(c) the IR Holding Trust or IR Operating Trust. 9
(2) The person's voting power in the relevant entity must not, 10
without the required approval, be-- 11
(a) more than 5% but not more than 10%; or 12
(b) more than 10% but not more than 20%; or 13
(c) more than 20%. 14
(3) The required approval must be given by-- 15
(a) for subsection (2)(a)--the Minister; or 16
(b) for subsection (2)(b) or (c)--the Governor in Council. 17
(4) If a person has voting power in more than 1 relevant entity 18
mentioned in subsection (1), the person must comply with 19
subsection (2) in relation to each of the entities. 20
21 Non-voting interests 21
(1) This section applies to non-voting interests in-- 22
(a) the licensee or IR Holdco; or 23
(b) any other relevant entity that is a trustee of the IR 24
Holding Trust or IR Operating Trust; or 25
(c) the IR Holding Trust or IR Operating Trust. 26
Page 20
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 2 Requirements about voting power and relevant interests
[s 22]
(2) The total number of non-voting interests in which a person 1
has a relevant interest must not, without the required approval, 2
be-- 3
(a) more than 10% but not more than 20% of the total 4
number of interests of the same class on issue; or 5
(b) more than 20% of the total number of interests of the 6
same class on issue. 7
(3) For subsection (2)(a) or (b), the required approval must be 8
given by the Governor in Council. 9
(4) For this section, a person's relevant interest in non-voting 10
interests includes a relevant interest of an associate of the 11
person in non-voting interests of the same class on issue, other 12
than the non-voting interests in which the person has a 13
relevant interest. 14
Example-- 15
Person X has a relevant interest in 4% of a class of non-voting interests. 16
If person X's associate has a relevant interest in a different 3% of the 17
class of non-voting interests, person X's relevant interest would be 7%. 18
However, if person X's associate has a relevant interest in the same 4% 19
of the class of non-voting interests as person X, then person X's relevant 20
interest would be 4%. 21
(5) If a person has a relevant interest in non-voting interests in 22
more than 1 relevant entity mentioned in subsection (1), the 23
person must comply with subsection (2) in relation to each of 24
the entities. 25
22 Convertible securities 26
(1) This section applies to convertible securities in-- 27
(a) the licensee or IR Holdco; or 28
(b) any other relevant entity that is a trustee of the IR 29
Holding Trust or IR Operating Trust; or 30
(c) the IR Holding Trust or IR Operating Trust. 31
Page 21
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 2 Requirements about voting power and relevant interests
[s 23]
(2) The total number of convertible securities in which a person 1
has a relevant interest must not, without the required approval, 2
be-- 3
(a) more than 10% but not more than 20% of the total 4
number of convertible securities of the same class on 5
issue; or 6
(b) more than 20% of the total number of convertible 7
securities of the same class on issue. 8
(3) For subsection (2)(a) or (b), the required approval must be 9
given by the Governor in Council. 10
(4) For this section, a person's relevant interest in convertible 11
securities includes a relevant interest of an associate of the 12
person in convertible securities of the same class, other than 13
the convertible securities in which the person has a relevant 14
interest. 15
(5) If a person has a relevant interest in convertible securities in 16
more than 1 relevant entity mentioned in subsection (1), the 17
person must comply with subsection (2) in relation to each of 18
the entities. 19
Subdivision 2 Requirements relating to other 20
relevant entities 21
23 Voting power 22
(1) This section applies to a person's voting power in a relevant 23
entity, other than a relevant entity mentioned in section 20(1). 24
(2) The person's voting power must not be more than 20% 25
without the required approval. 26
(3) For subsection (2), the required approval must be given by the 27
Governor in Council. 28
(4) If a person has voting power in more than 1 relevant entity 29
mentioned in subsection (1), the person must comply with 30
subsection (2) in relation to each of the entities. 31
Page 22
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 2 Requirements about voting power and relevant interests
[s 24]
Subdivision 3 General provisions for approvals 1
24 Requirement about suitability 2
The Governor in Council or the Minister may give a person 3
approval under this division only if satisfied, on the basis of 4
an investigation under the Control Act, section 20 or 30, that 5
the person is a suitable person to be associated or connected 6
with the ownership, management or operations of the Queen's 7
Wharf complex or the Queen's Wharf casino. 8
25 Approval may be conditional 9
(1) The Governor in Council or the Minister may give a person 10
approval under this division subject to conditions. 11
(2) If approval is given subject to conditions, the person must 12
comply with the conditions. 13
Note-- 14
A direction may be given under part 3, division 1 enforcing compliance 15
with the conditions of an approval. 16
26 Effect of direction under pt 3, div 2 17
(1) This section applies if-- 18
(a) the Governor in Council or the Minister has given a 19
person approval under this division; and 20
(b) the Governor in Council gives the person a direction 21
under part 3, division 2. 22
(2) The approval is revoked when the direction is given to the 23
person. 24
Page 23
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 2 Requirements about voting power and relevant interests
[s 27]
Division 2 Notice requirements 1
27 Notice requirements relating to the licensee and IR 2
Holdco 3
(1) A regulation may require a person to give a relevant entity 4
mentioned in subsection (2), or the Minister, stated 5
information known to the person about any matter related to 6
interests, or convertible securities, in the relevant entity. 7
(2) For subsection (1), the relevant entities are-- 8
(a) the licensee or IR Holdco; or 9
(b) any other relevant entity that is a trustee of the IR 10
Holding Trust or IR Operating Trust; or 11
(c) the IR Holding Trust or IR Operating Trust. 12
(3) The regulation may require the information to be given within 13
a stated period and in a stated way. 14
28 Notice requirements relating to other relevant entities 15
(1) If a person's voting power in a relevant entity other than a 16
relevant entity mentioned in section 27(2) is more than 10% 17
but not more than 20%, the person must give the relevant 18
entity written notice, in the approved form, within 5 business 19
days after the person's voting power first exceeds 10%. 20
Maximum penalty--40 penalty units. 21
(2) If the relevant entity is aware the person's voting power is 22
more than 10%, the relevant entity must, within the period 23
mentioned in subsection (3), give the Minister written notice 24
of that fact in the approved form. 25
Maximum penalty--40 penalty units. 26
(3) For subsection (2), the period is 10 business days after the 27
earlier of the following events-- 28
(a) the relevant entity receives notice of the person's voting 29
power under subsection (1); 30
Page 24
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 3 Disposal of interests and convertible securities
[s 29]
(b) the relevant entity otherwise becomes aware the 1
person's voting power is more than 10%. 2
Division 3 General 3
29 Exemptions 4
A regulation may exempt a person, or a class of persons, in 5
stated circumstances from the requirement to comply with a 6
provision of division 1, subdivision 1 or 2 or division 2. 7
Part 3 Disposal of interests and 8
convertible securities 9
Division 1 Noncompliance with approval 10
requirements 11
30 Show cause notice 12
(1) This section applies if the Minister suspects on reasonable 13
grounds a person has not complied with either of the 14
following (an approval requirement)-- 15
(a) a requirement under part 2, division 1 to obtain an 16
approval; 17
(b) a condition of an approval given under part 2, division 1. 18
(2) The Minister may give the person a written notice (a show 19
cause notice)-- 20
(a) stating the action (the proposed action) the Minister 21
proposes to recommend the person be directed to take 22
by the Governor in Council under this division; and 23
(b) stating the grounds for the proposed action; and 24
Page 25
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 3 Disposal of interests and convertible securities
[s 31]
(c) outlining the facts and circumstances forming the basis 1
for the grounds; and 2
(d) inviting the person to show within a stated period (the 3
show cause period) why the proposed action should not 4
be taken. 5
(3) The proposed action must be stated action, or all action 6
necessary, to remedy the noncompliance. 7
(4) The show cause period must be a period ending at least 21 8
days after the day the show cause notice is given to the person. 9
(5) The Minister must give the following entities a copy of the 10
show cause notice-- 11
(a) the relevant entity to which the approval requirement 12
relates; 13
(b) if the relevant entity is not a consortium party--the 14
consortium party that is the relevant entity's ultimate 15
parent under the casino agreement. 16
31 Consideration of representations 17
The Minister must consider all written representations (the 18
accepted representations) made during the show cause period 19
by the person. 20
32 Decision to investigate person's suitability 21
(1) This section applies if, after considering the accepted 22
representations for a show cause notice, the Minister 23
believes-- 24
(a) the person has not complied with an approval 25
requirement mentioned in section 30(1)(a); and 26
(b) it is appropriate to undertake an investigation of the 27
person under the Control Act, section 30. 28
(2) The Minister may give the person a written notice requiring 29
the person to satisfy the Governor in Council, under the 30
Page 26
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 3 Disposal of interests and convertible securities
[s 33]
Control Act, section 30, that the person is a suitable person to 1
be associated or connected with the ownership, management 2
or operations of the Queen's Wharf complex or the Queen's 3
Wharf casino. 4
(3) If the person satisfies the Governor in Council under the 5
Control Act, section 30 that the person is a suitable person-- 6
(a) the person is taken to have obtained the required 7
approval for the purposes of the approval requirement 8
that was the subject of the show cause notice; and 9
(b) the Minister must give the person a written notice 10
stating-- 11
(i) the Governor in Council is satisfied under the 12
Control Act, section 30 that the person is a suitable 13
person; and 14
(ii) the person is taken to have obtained the required 15
approval for the purposes of the approval 16
requirement that was the subject of the show cause 17
notice; and 18
(iii) no further action will be taken in relation to the 19
show cause notice. 20
33 Recommendation of Minister 21
(1) This section applies if, after considering the accepted 22
representations for a show cause notice-- 23
(a) the Minister believes the person has not complied with 24
an approval requirement; and 25
(b) either-- 26
(i) the person has not been given a notice under 27
section 32(2); or 28
(ii) if the person was given a notice under section 29
32(2)--the Governor in Council is not satisfied 30
under the Control Act, section 30, that the person 31
is a suitable person to be associated or connected 32
Page 27
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 3 Disposal of interests and convertible securities
[s 34]
with the ownership, management or operations of 1
the Queen's Wharf complex or the Queen's Wharf 2
casino. 3
(2) Also, this section applies if the Minister believes-- 4
(a) a person has not complied with an approval 5
requirement; and 6
(b) the integrity of the operation of the Queen's Wharf 7
casino may be jeopardised in a material way or the 8
public interest may be affected in an adverse or material 9
way; and 10
(c) it is appropriate to recommend that a direction be given 11
to the person under section 34 without giving the person 12
a show cause notice. 13
(3) The Minister may recommend to the Governor in Council that 14
a direction be given to the person under section 34. 15
34 Direction to take action to remedy noncompliance 16
(1) The Governor in Council may, on the Minister's 17
recommendation, direct the person to take stated action, or all 18
necessary action, to remedy the noncompliance within the 19
required period. 20
(2) For subsection (1), the required period is as soon as 21
reasonably practicable and no later than-- 22
(a) the day that is 2 months after the day the direction is 23
given to the person; or 24
(b) if the Governor in Council agrees in writing to a later 25
day--the later day. 26
(3) The direction must be given by written notice stating-- 27
(a) details of the grounds for the making of the Minister's 28
recommendation; and 29
(b) that the person is directed to take stated action, or all 30
action necessary, as applicable, to remedy the 31
noncompliance; and 32
Page 28
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 3 Disposal of interests and convertible securities
[s 35]
(c) the day mentioned in subsection (2)(a) by which the 1
person must comply with the direction, unless the 2
Governor in Council agrees in writing to a later day. 3
(4) The person must comply with the direction. 4
Maximum penalty--200 penalty units. 5
35 Relationship with div 2 6
This division does not limit division 2. 7
Division 2 Other disposal provisions 8
36 Recommendation of Minister 9
(1) This section applies if the Minister believes-- 10
(a) on the basis of an investigation under the Control Act, 11
section 30, a person who holds interests or convertible 12
securities in a relevant entity is not a suitable person to 13
be associated or connected with the ownership, 14
management or operations of the Queen's Wharf 15
complex or the Queen's Wharf casino; or 16
(b) a person has contravened section 14(3); or 17
(c) clause 5.2(a) or 5.2(b)(ii)(D) of the casino agreement 18
has not been complied with in relation to, or in any way 19
connected with, interests or convertible securities in a 20
relevant entity held by a person. 21
(2) The Minister may recommend to the Governor in Council that 22
a direction be given to the person under section 37. 23
37 Direction to dispose of interests and convertible 24
securities 25
(1) The Governor in Council may, on the Minister's 26
recommendation, direct the person to dispose, within the 27
Page 29
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 3 Disposal of interests and convertible securities
[s 37]
required period, of all of the person's interests and convertible 1
securities in each relevant entity. 2
(2) For subsection (1), the required period is as soon as 3
reasonably practicable and no later than-- 4
(a) the day that is 2 months after the day the direction is 5
given to the person; or 6
(b) if the Governor in Council agrees in writing to a later 7
day--the later day. 8
(3) For subsection (1), the Governor in Council may direct the 9
person to take stated action, or all action necessary, to dispose 10
of the interests and convertible securities. 11
(4) The direction must be given by written notice stating-- 12
(a) details of the grounds for the Minister's 13
recommendation; and 14
(b) that the person is directed to dispose of all of the 15
person's interests and convertible securities in each 16
relevant entity; and 17
(c) whether the person is directed to take stated action or all 18
action necessary to dispose of the interests and 19
convertible securities; and 20
(d) the day mentioned in subsection (2)(a) by which the 21
person must comply with the direction, unless the 22
Governor in Council agrees in writing to a later day. 23
(5) The person must comply with the direction. 24
Maximum penalty--200 penalty units. 25
Page 30
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 4 Information about ownership of interests
[s 38]
Part 4 Information about ownership of 1
interests 2
38 Application of part 3
This part applies to a relevant entity if the Corporations Act, 4
part 6C.2 does not apply in relation to the entity. 5
39 Disclosure notice 6
(1) The relevant entity may, by written notice (a disclosure 7
notice), direct a person mentioned in subsection (2) to make 8
the disclosure required by section 40. 9
(2) For subsection (1), the persons are-- 10
(a) a person who holds interests in the relevant entity; or 11
(b) a person named in a previous disclosure under section 12
40 as holding, or having given instructions about, 13
interests in the relevant entity. 14
40 Requirement to comply with disclosure notice 15
(1) A person given a disclosure notice (the recipient) must, within 16
2 business days after receiving the notice, give the relevant 17
entity a written notice disclosing-- 18
(a) full details of-- 19
(i) the recipient's relevant interest in interests in the 20
relevant entity; and 21
(ii) the circumstances giving rise to the relevant 22
interest; and 23
(b) the name and address of each other person who has a 24
relevant interest in any of the interests and full details 25
of-- 26
(i) the nature and extent of the relevant interest; and 27
Page 31
Queen's Wharf Brisbane Bill 2015
Chapter 4 Interests in relevant entities
Part 4 Information about ownership of interests
[s 40]
(ii) the circumstances giving rise to the relevant 1
interest; and 2
(c) the name and address of each other person who has 3
given the recipient instructions about-- 4
(i) the acquisition or disposal of the interests; or 5
(ii) the exercise of any voting or other rights attached 6
to the interests; or 7
(iii) any other matter relating to the interests; and 8
(d) full details of any instructions mentioned in paragraph 9
(c), including the date on which they were given. 10
Maximum penalty--40 penalty units. 11
(2) However, a matter mentioned in subsection (1)(b), (c) or (d) 12
need only be disclosed to the extent to which it is known to 13
the recipient. 14
(3) Subsection (2) places an evidential burden on the defendant to 15
show the extent to which the matter was not known to the 16
defendant. 17
(4) The recipient is not required to comply with subsection (1) if 18
the recipient proves that the giving of the disclosure notice is 19
vexatious. 20
Page 32
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 1 Application of Land Act
[s 41]
Chapter 5 Interaction with other laws 1
Part 1 Application of Land Act 2
Division 1 Preliminary 3
41 Purpose of part 4
The purpose of this part is to provide for the following to 5
facilitate commitments made by the State in relation to land 6
within the Queen's Wharf priority development area-- 7
(a) a streamlined process for particular land to be granted in 8
fee simple or leased to the State under the Land Act; 9
(b) changes to the way the Land Act operates in relation to 10
the land leased to the State. 11
42 Interpretation for part 12
(1) In this part-- 13
chief executive (land) means the chief executive of the 14
department in which the Land Act is administered. 15
declaration see section 43(1). 16
freehold declaration see section 43(1)(a). 17
Land Act Minister means the Minister responsible for 18
administering the Land Act. 19
leasehold declaration see section 43(1)(b). 20
ongoing interest see section 43(6). 21
Queen's Wharf deed see section 44(4). 22
Queen's Wharf headlease see section 45(5). 23
Queen's Wharf headlease land see section 45(6). 24
Page 33
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 1 Application of Land Act
[s 43]
Queen's Wharf licence see section 52. 1
Queen's Wharf tenure means a Queen's Wharf deed or 2
Queen's Wharf headlease. 3
(2) Words and expressions used in this part and the Land Act have 4
the same meaning, to the extent the context permits. 5
(3) Without limiting subsection (2), in this part-- 6
sublease includes a concurrent sublease. 7
Division 2 Granting and leasing land to the 8
State 9
43 Declaration 10
(1) The Minister may, by instrument (a declaration) declare land 11
in the Queen's Wharf priority development area is to be 12
either-- 13
(a) granted in fee simple to the State under the Land Act (a 14
freehold declaration); or 15
(b) leased to the State under the Land Act (a leasehold 16
declaration). 17
(2) Land may be included in a declaration only if it is-- 18
(a) unallocated State land; or 19
(b) a road; or 20
(c) trust land; or 21
(d) land subject to a lease under the Land Act held by the 22
State as lessee. 23
(3) A declaration must-- 24
(a) identify the land the subject of the declaration; and 25
(b) state the purpose for declaring the land; and 26
(c) for a leasehold declaration--state either-- 27
Page 34
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 1 Application of Land Act
[s 44]
(i) the land is to be leased to the State for a stated term 1
of years; or 2
(ii) the land is to be leased to the State in perpetuity. 3
(4) Land on the seaward side of a tidal boundary or right line tidal 4
boundary must not be included in-- 5
(a) a freehold declaration, unless the land has been 6
reclaimed under the authority of an Act; or 7
(b) a leasehold declaration, unless the Minister is satisfied 8
the matters mentioned in the Land Act, section 15(4) 9
have been sufficiently addressed for the land. 10
(5) The Minister may state a purpose for declaring the land even 11
if the purpose is ultimately for conferring rights and interests 12
on a person other than the State. 13
(6) If the Minister considers it necessary and reasonable for an 14
interest in land included in a declaration to continue after the 15
land has been granted or leased under this division, the 16
declaration may identify the interest (an ongoing interest). 17
(7) However, a declaration must not identify an ongoing interest 18
if the Minister considers the continuation of the interest is 19
inconsistent with the purpose for declaring the land as stated 20
in the declaration. 21
(8) A declaration is subordinate legislation. 22
44 Grant in fee simple to State 23
(1) This section applies to a freehold declaration. 24
(2) The Governor in Council must, under the Land Act, grant the 25
land identified in the declaration in fee simple to the State. 26
(3) If the land was not unallocated State land when the 27
declaration was made, the land is taken to be unallocated State 28
land for giving effect to subsection (2). 29
(4) A deed of grant issued by the Governor in Council in applying 30
this section is a Queen's Wharf deed. 31
Page 35
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 1 Application of Land Act
[s 45]
(5) This section does not affect the operation of the Land Act, 1
section 21. 2
Note-- 3
Under the Land Act, section 21, each deed of grant is subject to the 4
reservations and conditions authorised or required by the Land Act or 5
another Act. 6
45 Lease issued to State 7
(1) This section applies to a leasehold declaration. 8
(2) The Land Act Minister must, under the Land Act, lease the 9
land identified in the declaration to the State. 10
(3) If the land was not unallocated State land when the 11
declaration was made, the land is taken to be unallocated State 12
land for giving effect to subsection (2). 13
(4) The lease must be-- 14
(a) for the term, or in perpetuity, as stated in the declaration; 15
and 16
(b) for a rent of $1 a year, if demanded; and 17
(c) for a purpose that is consistent with the purpose stated in 18
the declaration. 19
(5) A lease issued by the Land Act Minister in applying this 20
section is a Queen's Wharf headlease. 21
(6) Land subject to a Queen's Wharf headlease is Queen's Wharf 22
headlease land. 23
(7) This section does not affect the operation of the Land Act, 24
section 21. 25
Note-- 26
Under the Land Act, section 21, each lease is subject to the reservations 27
and conditions authorised or required by the Land Act or another Act. 28
Page 36
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 1 Application of Land Act
[s 46]
46 Effect of registration 1
(1) A Queen's Wharf tenure takes effect on registration of the 2
tenure. 3
(2) If, immediately before registration of the tenure, the land the 4
subject of the tenure was a road, the road is permanently 5
closed on the registration. 6
(3) If, immediately before registration of the tenure, the land the 7
subject of the tenure was a reserve, the dedication or the 8
reservation and setting apart is revoked on the registration. 9
(4) If, immediately before registration of the tenure, the land the 10
subject of the tenure was contained in a deed of grant in trust, 11
the deed of grant in trust is cancelled on the registration. 12
(5) If, immediately before registration of the tenure, the land the 13
subject of the tenure was leased under the Land Act to the 14
State, the lease ends on the registration. 15
(6) If, immediately before registration of the tenure, the land the 16
subject of the tenure was subject to another interest, other than 17
an ongoing interest, the interest ends on the registration. 18
(7) The registration of the tenure must be subject to any ongoing 19
interest identified in the declaration for the tenure. 20
(8) The chief executive (land) must record the cancellation of an 21
interest under this section in the appropriate register. 22
(9) This section applies despite any requirement that would 23
otherwise apply under the Land Act to the Land Act Minister 24
or chief executive (land) in relation to cancelling, or 25
registering the cancellation of, an interest. 26
(10) In this section-- 27
cancel, an interest, includes permanently close a road, revoke 28
a dedication or reservation and setting apart, and end a lease 29
or other interest. 30
registration-- 31
(a) of a Queen's Wharf deed--means registration in the 32
freehold land register; or 33
Page 37
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 1 Application of Land Act
[s 47]
(b) of a Queen's Wharf headlease--means registration in 1
the leasehold land register kept by the chief executive 2
(land) under the Land Act, section 275(a). 3
47 Compensation 4
(1) This section applies to a person who has an interest in land, 5
other than an interest under a services contract for the land, if 6
the interest ends on the registration of a Queen's Wharf tenure 7
under section 46(6). 8
(2) The person has a right to claim compensation for the ending 9
of the interest by using the process stated in the Acquisition of 10
Land Act 1967, section 12(5A) and (5B) and part 4. 11
(3) For applying the Acquisition of Land Act 1967 under 12
subsection (2)-- 13
(a) the State is the constructing authority; and 14
(b) a reference to land taken, or an interest in land taken, 15
under that Act is taken to be a reference to the interest to 16
which this section applies; and 17
(c) for section 24(2A) of that Act, a claimant refers a claim 18
for compensation to the Land Court by filing in the 19
office of the registrar of the court copies of the claim 20
given by the claimant to the State and a copy of the 21
declaration for the Queen's Wharf tenure (the relevant 22
declaration); and 23
(d) the reference in section 24(5) of that Act to the date of 24
the gazette containing the gazette resumption notice 25
taking the land is taken to be a reference to the date of 26
the relevant declaration; and 27
(e) the process under that Act applies even if-- 28
(i) the purpose stated in the relevant declaration is not 29
a purpose for which land may be taken under that 30
Act; or 31
Page 38
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 1 Application of Land Act
[s 48]
(ii) the relevant declaration is ultimately for the 1
purpose of conferring rights and interests on a 2
person other than the State. 3
(4) Other than as stated in this section, a person has no right to 4
compensation for the effect of a declaration. 5
(5) In this section-- 6
services contract, for land, see the Acquisition of Land Act 7
1967, section 12(9). 8
48 Application of Land Act to granting and leasing 9
(1) This division has effect despite any limitation or requirement 10
under the following provisions of the Land Act-- 11
(a) section 15(4); 12
(b) section 16; 13
(c) section 122. 14
(2) The Land Act, section 127 does not prevent land reclaimed 15
under the authority of an Act from being-- 16
(a) included in a declaration; or 17
(b) granted or leased in accordance with this division. 18
Division 3 Dealings on Queen's Wharf 19
headlease land 20
49 Sublease dealings 21
(1) This section applies to the following dealings-- 22
(a) any subleasing of a Queen's Wharf headlease under the 23
Land Act, section 332; 24
(b) transferring any sublease of a Queen's Wharf headlease 25
under the Land Act, section 322; 26
Page 39
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 1 Application of Land Act
[s 50]
(c) amending any sublease of a Queen's Wharf headlease 1
under the Land Act, section 336. 2
(2) Despite a section of the Land Act mentioned in subsection (1),
the Land Act Minister's approval is not required for the 43
dealing or the registration of a document for the dealing. 5
(3) The requirements in the Land Act, section 332(1)(a)(ii) and 6
(iii) do not apply to any subleasing of a Queen's Wharf 7
headlease. 8
Notes-- 9
• The Land Act, section 332 states requirements for subleasing. 10
• The Land Act, section 322 states requirements for transfers of a 11
sublease. 12
• The Land Act, section 336 states requirements for amending a 13
sublease. 14
50 Trust instruments 15
(1) A person may hold an interest in a sublease of a Queen's 16
Wharf headlease in trust even if the requirement for the 17
interest in trust to be registered under the Land Act, section 18
374A has not been met. 19
(2) Subsection (1) does not affect a person registering the 20
person's interest as trustee in the way required under the Land 21
Act, sections 374A and 375. 22
Note-- 23
The Land Act, sections 374A and 375 include requirements that apply 24
to holding or registering an interest in a sublease in trust. 25
51 Concurrent sublease 26
(1) If a sublease of a Queen's Wharf headlease is granted over 27
land, a concurrent sublease may also be granted over all or 28
part of the land. 29
Page 40
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 1 Application of Land Act
[s 52]
(2) Subsection (1) is subject to any conditions of the Queen's 1
Wharf headlease or the sublease about the grant of a 2
concurrent sublease. 3
52 Licence 4
(1) A licence (a Queen's Wharf licence) may be granted to enter 5
and use all or part of land subject to a Queen's Wharf 6
headlease or a sublease of a Queen's Wharf headlease. 7
(2) Subsection (1) is subject to any conditions of the Queen's 8
Wharf headlease or the sublease about the grant of the 9
Queen's Wharf licence. 10
53 Application of Land Act to concurrent sublease or 11
licence 12
To remove any doubt, it is declared that-- 13
(a) the Land Act Minister's approval is not required for the 14
grant of a concurrent sublease or a Queen's Wharf 15
licence; and 16
(b) a concurrent sublease is a sublease that must be 17
registered under the Land Act, section 335. 18
54 Indemnity and insurance conditions for subleases and 19
licences 20
(1) The indemnity and insurance conditions are conditions of 21
each sublease of a Queen's Wharf headlease or Queen's 22
Wharf licence. 23
(2) For applying the indemnity and insurance conditions under 24
subsection (1)-- 25
(a) a reference to a lease may be taken to include a 26
reference to a sublease or Queen's Wharf licence; and 27
(b) a reference to a lessee may be taken to include a 28
reference to a sublessee or Queen's Wharf licensee. 29
Page 41
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 1 Application of Land Act
[s 55]
(3) In this section-- 1
indemnity and insurance conditions means the conditions 2
stated in the Land Regulation 2009, schedule 10A, part 1, 3
sections 1 and 2. 4
Note-- 5
The Land Regulation 2009, schedule 10A, part 1, sections 1 and 2 state 6
conditions about keeping the State indemnified in relation to claims and 7
maintaining a current public liability insurance policy. 8
55 Holding over term not affected 9
(1) A holding over term in a sublease of a Queen's Wharf 10
headlease has effect even if it is inconsistent with the Land 11
Act. 12
(2) In this section-- 13
holding over term, in a sublease, means a term of the sublease 14
providing for the holding over right of the sublessee at the end 15
of the sublease. 16
56 Disapplied mediation provisions 17
The Land Act, chapter 6, part 4, division 3A, does not apply to 18
a sublease of a Queen's Wharf headlease. 19
Note-- 20
The Land Act, chapter 6, part 4, division 3A provides for the chief 21
executive to mediate disputes about terms of particular subleases. 22
57 Application of other Land Act provisions to subleasing 23
(1) This section applies if, under this division-- 24
(a) a provision (the affected provision) of the Land Act 25
does not apply to subleasing, or a sublease of, a Queen's 26
Wharf headlease; and 27
Page 42
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 2 Application of Land Title Act
[s 58]
(b) another provision (the applicable provision) of the Land 1
Act requires compliance with the affected provision in 2
relation to subleasing or the sublease. 3
(2) The requirement of the applicable provision is taken to have 4
been complied with-- 5
(a) for applying the applicable provision; and 6
(b) to the extent the affected provision does not apply. 7
Example for subsection (2)-- 8
The Land Act, section 299A(1)(a) prevents the registration of a 9
document in the relevant register if the approval or consent of the Land 10
Act Minister is required under the Land Act and the approval or consent 11
has not been obtained. For applying this section to the requirement in 12
the Land Act, section 332(1)(a)(i) to obtain the Minister's approval to 13
sublease, the Minister is taken to have given the approval for applying 14
section 299A. 15
(3) For subsection (2), a reference in the Land Act to a matter 16
being authorised under that Act is taken to include a reference 17
to the matter being authorised under this Act. 18
Part 2 Application of Land Title Act 19
58 Registration of public thoroughfare easements 20
(1) This section applies to an instrument of easement-- 21
(a) in relation to Queen's Wharf freehold land; and 22
(b) for a right of way for the public; and 23
(c) in favour of the State. 24
(2) The Land Title Act, section 89(4), (5) and (6) does not apply 25
to the registration of the easement under that Act. 26
(3) An easement that, apart from subsection (2), would not be 27
registered under the Land Title Act is taken to be a public 28
thoroughfare easement for that Act. 29
Page 43
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 3 Application of Property Law Act 1974
[s 59]
Part 3 Application of Property Law 1
Act 1974 2
59 Non-application of s 121 3
The Property Law Act 1974, section 121 does not apply to a 4
Queen's Wharf lease. 5
Note-- 6
The Property Law Act 1974, section 121 deems leases to be subject to 7
particular conditions. 8
Part 4 Application of Residential 9
Tenancies and Rooming 10
Accommodation Act 2008 11
60 Declaration about application of Act 12
(1) This section applies to a Queen's Wharf lease if the lease is 13
for, or for purposes that include, residential purposes. 14
(2) For the Residential Tenancies and Rooming Accommodation 15
Act 2008, section 26(1), the Queen's Wharf lease is taken to 16
be granted under the authority of this Act. 17
Note-- 18
The Residential Tenancies and Rooming Accommodation Act 2008, 19
section 26(1) states that the Act does not apply to particular leases 20
granted under the authority of an authorising law if the State is the 21
lessor. 22
(3) Nothing in this section affects the application of the 23
Residential Tenancies and Rooming Accommodation Act 2008 24
to a sublease of the Queen's Wharf lease. 25
Note-- 26
Page 44
Queen's Wharf Brisbane Bill 2015
Chapter 5 Interaction with other laws
Part 5 Application of Retail Shop Leases Act 1994
[s 61]
The Residential Tenancies and Rooming Accommodation Act 2008, 1
section 26(3) states that the Act applies to a sublease to the extent it is 2
not inconsistent with the authorising law. 3
Part 5 Application of Retail Shop 4
Leases Act 1994 5
61 Queen's Wharf lease not a retail shop lease 6
(1) This section applies to a Queen's Wharf lease if the lease is 7
for, or for purposes that include, a retail shop. 8
(2) To remove any doubt, it is declared that the Queen's Wharf 9
lease is not a retail shop lease under the Retail Shop Leases 10
Act 1994. 11
(3) In this section-- 12
retail shop see the Retail Shop Leases Act 1994, section 5B. 13
Part 6 Application of Transport 14
Infrastructure Act 1994 15
62 Non-application of s 105ZP 16
(1) This section applies to a public thoroughfare easement 17
registered-- 18
(a) in relation to Queen's Wharf freehold land; and 19
(b) under the Land Title Act, section 89, because of the 20
operation of section 58. 21
(2) The Transport Infrastructure Act 1994, section 105ZP does 22
not apply to the public thoroughfare easement or land affected 23
by the easement. 24
Page 45
Queen's Wharf Brisbane Bill 2015
Chapter 6 Miscellaneous
[s 63]
Part 7 Declaration about particular 1
agreements 2
63 Agreement amounts are not penalties 3
(1) This section applies to an agreement if-- 4
(a) the State is a party to the agreement; and 5
(b) the agreement relates to the development of land within 6
the Queen's Wharf priority development area; and 7
(c) a term of the agreement entitles the State to keep an 8
amount given to it by another party in the event of a 9
termination of the agreement. 10
(2) It is declared that-- 11
(a) the term of the agreement has effect even if it is 12
inconsistent with the common law; and 13
(b) the amount is not a penalty at law. 14
Chapter 6 Miscellaneous 15
64 Approval of forms 16
The chief executive may approve forms for use under this Act. 17
65 Regulation-making power 18
(1) The Governor in Council may make regulations under this 19
Act, including for the casino agreement. 20
(2) A regulation may be made imposing a penalty of no more than 21
10 penalty units for contravention of a provision of a 22
regulation. 23
Page 46
Queen's Wharf Brisbane Bill 2015
Chapter 7 Transitional provisions
[s 66]
Chapter 7 Transitional provisions 1
66 Application of existing determination of suitability for ch 2
4 approval requirements 3
(1) This section applies if-- 4
(a) before the commencement, the Governor in Council 5
made a suitability determination for a person; and 6
(b) on or after the commencement, an approval requirement 7
applies to the person; and 8
(c) the person has not been given a direction under section 9
37. 10
(2) The person is taken to comply with the approval requirement. 11
(3) However, if the person's voting power or relevant interest has 12
increased after the making of the suitability determination-- 13
(a) subsection (2) applies only in relation to the 14
pre-increase approval requirement; and 15
(b) to remove any doubt, it is declared that the person is not 16
required to comply with the pre-increase approval 17
requirement in relation to the person's voting power or 18
relevant interest acquired after the making of the 19
suitability determination. 20
Example-- 21
Before the commencement, a suitability determination was made for a 22
person with 15% voting power in IR Holdco. 23
If the person's voting power later increases to 19%, the person is taken 24
to comply with section 20(2)(b) (see subsection (3)(a)) and is not 25
required to obtain any further approval under section 20(2)(b) for the 26
additional 4% (see subsection (3)(b)). 27
However, if the person's voting power increases to 21% the person is 28
required to comply with section 20(2)(c). 29
(4) In this section-- 30
approval requirement means a requirement to obtain the prior 31
written approval of the Governor in Council or the Minister 32
under chapter 4, part 2, division 1. 33
Page 47
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 1 Amendment of this Act
[s 67]
pre-increase approval requirement, in relation to a person to 1
whom subsection (3) applies, means the approval requirement 2
that would have applied had the person's voting power or 3
relevant interest not increased after the making of the 4
suitability determination. 5
suitability determination, for a person, means the Governor in 6
Council was satisfied, under the Control Act, section 20, that 7
the person was suitable to be associated or connected with the 8
ownership, management or operations of-- 9
(a) the hotel-casino complex within which the Queen's 10
Wharf casino is or will be located; or 11
(b) Queen's Wharf casino. 12
voting power or relevant interest, of a person, means-- 13
(a) the person's voting power in a relevant entity; or 14
(b) the person's relevant interest in non-voting interests, or 15
convertible securities, in-- 16
(i) the licensee or IR Holdco; or 17
(ii) any other relevant entity that is a trustee of the IR 18
Holding Trust or IR Operating Trust; or 19
(iii) the IR Holding Trust or IR Operating Trust. 20
Chapter 8 Amendment of Acts 21
Part 1 Amendment of this Act 22
67 Act amended 23
This part amends this Act. 24
Page 48
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 2 Amendment of Brisbane Casino Agreement Act 1992
[s 68]
68 Amendment of long title 1
Long title, from ', and to amend'-- 2
omit. 3
Part 2 Amendment of Brisbane 4
Casino Agreement Act 1992 5
69 Act amended 6
This part amends the Brisbane Casino Agreement Act 1992. 7
70 Amendment of s 2 (Definitions) 8
Section 2, definition Brisbane Casino, 'in the City of Brisbane'-- 9
omit, insert-- 10
located within the following lots-- 11
• Lot 492 on Crown Plan 855445; 12
• Lot 682 on Crown Plan 855445; 13
• Lot 300 on Crown Plan 866930; 14
• Lot 301 on Crown Plan 866931; 15
• Lot 303 on Crown Plan 866933; 16
• Lot 304 on Crown Plan 866934; 17
• Lot 11 on Crown Plan 866932; 18
• Lot 10 on Crown Plan B31753. 19
Page 49
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 3 Amendment of Casino Control Act 1982
[s 71]
Part 3 Amendment of Casino Control 1
Act 1982 2
71 Act amended 3
This part amends the Casino Control Act 1982. 4
72 Replacement of s 4A (References to casino operation or 5
operation of a casino) 6
Section 4A-- 7
omit, insert-- 8
4A References to operation of casino etc. 9
A reference in this Act to the operation of a casino, or 10
to a similar expression, is a reference to casino 11
operations in respect of the casino. 12
73 Amendment of s 18 (Grant of casino licences) 13
Section 18-- 14
insert-- 15
(2) The Governor in Council may grant a casino 16
licence on conditions. 17
74 Amendment of s 19 (Agreement to precede grant of 18
casino licence) 19
(1) Section 19(1), '18(a)'-- 20
omit, insert-- 21
18 22
(2) Section 19(1)(a)-- 23
omit, insert-- 24
Page 50
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 3 Amendment of Casino Control Act 1982
[s 75]
(a) an agreement that satisfies the requirements 1
of subsection (1A) has been entered into 2
with the approval of the Governor in 3
Council; and 4
(3) Section 19-- 5
insert-- 6
(1A) For subsection (1)(a), the agreement must-- 7
(a) be entered into by the Minister, for and on 8
behalf of the State, and any of the following 9
persons-- 10
(i) the casino licensee; 11
(ii) another person whom the Governor in 12
Council considers to be an appropriate 13
person to be a party to the agreement 14
with a view to the issue of a casino 15
licence to the casino licensee; and 16
(b) identify-- 17
(i) the casino to be the subject of the 18
licence; or 19
(ii) the area in which the casino to be the 20
subject of the licence will be located; 21
and 22
(c) contain the terms and conditions the 23
Governor in Council thinks appropriate. 24
75 Amendment of s 21 (Hotel-casino complex owner or State 25
as licensee) 26
Section 21-- 27
insert-- 28
(3) In this section-- 29
Page 51
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 3 Amendment of Casino Control Act 1982
[s 76]
lessee, from the State, includes a person who has 1
entered into an agreement for the grant of a lease 2
from the State. 3
76 Amendment of s 22 (Casino licence) 4
(1) Section 22(2)(c), 'and the address'-- 5
omit, insert-- 6
, or the address, 7
(2) Section 22(2)(e)-- 8
renumber as section 22(2)(f). 9
(3) Section 22(2)(d)-- 10
omit, insert-- 11
(d) the boundaries of the casino; and 12
(e) any conditions of the licence; and 13
(4) Section 22(3), 'under the agreement as referred to in section 14
19 a variation'-- 15
omit, insert-- 16
a permitted variation 17
(5) Section 22-- 18
insert-- 19
(5) In this section-- 20
permitted variation, of a matter specified in a 21
casino licence, means-- 22
(a) a variation of the matter in accordance with 23
the agreement referred to in section 19; or 24
(b) for a matter mentioned in subsection (2)(d), 25
if the agreement referred to in section 19 26
does not provide for variation of the 27
matter--a variation of the matter with the 28
Minister's agreement. 29
Page 52
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 3 Amendment of Casino Control Act 1982
[s 77]
77 Amendment of s 30 (Investigations concerning continued 1
suitability of casino licensee etc.) 2
Section 30(1)(a), 'casino licence in relation to the agreement'-- 3
omit, insert-- 4
agreement, or the casino licence in relation to the 5
agreement, 6
78 Amendment of s 31 (Cancellation or suspension of 7
casino licences and letters of censure) 8
Section 31(1)-- 9
insert-- 10
(ba) contravenes a condition of the casino licence 11
the person is required to comply with; or 12
79 Amendment of s 51 (Casino tax) 13
(1) Section 51(4D)-- 14
renumber as section 51(4E). 15
(2) Section 51-- 16
insert-- 17
(4D) Subsection (4C) does not prevent the payment of 18
compensation by the State to the casino licensee, 19
to the extent the State is expressly liable under 20
the agreement or another agreement entered into 21
by the State and the licensee, because of the 22
operation of the regulation. 23
80 Replacement of ss 59 and 60 24
Sections 59 and 60-- 25
omit, insert-- 26
Page 53
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 3 Amendment of Casino Control Act 1982
[s 80]
59 Casino layout 1
(1) A casino operator for a casino must ensure each 2
gaming area in the casino can be observed clearly 3
and without obstruction. 4
Maximum penalty--40 penalty units. 5
(2) The casino operator must, before commencing 6
casino operations, give the chief executive-- 7
(a) a floor plan showing-- 8
(i) the placement of gaming tables and 9
gaming machines in areas to be used 10
for gaming; and 11
(ii) other areas to be used for casino 12
operations; and 13
(b) a diagram of the closed-circuit television 14
system for the areas, indicating the 15
following in relation to the floor plan-- 16
(i) the camera positions; 17
(ii) the heights of the cameras from gaming 18
tables; 19
(iii) the scope of coverage of the cameras. 20
Maximum penalty--40 penalty units. 21
60 Changes to casino layout 22
(1) This section applies if-- 23
(a) a casino operator proposes to make a 24
change, other than a temporary change, to-- 25
(i) a gaming area or other area used for 26
casino operations; or 27
(ii) the closed-circuit television system for 28
either area; and 29
Page 54
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 3 Amendment of Casino Control Act 1982
[s 81]
(b) the proposed change affects the accuracy of 1
a floor plan or diagram given to the chief 2
executive under section 59(2). 3
(2) At least 3 days before making the proposed 4
change, the casino operator must give the chief 5
executive an amended floor plan or diagram 6
showing the change. 7
Maximum penalty--40 penalty units. 8
(3) In this section-- 9
temporary change means a change to a 10
closed-circuit television system that is-- 11
(a) for the purpose of assessing the suitability of 12
a camera position in the system; and 13
(b) intended to apply for a period not longer 14
than 14 days. 15
81 Amendment of s 62 (Gaming equipment and chips) 16
(1) Section 62(3), from 'the area of a casino' to 'area any'-- 17
omit, insert-- 18
a gaming area in a casino, or bring into or remove 19
from a gaming area in a casino any 20
(2) Section 62(3)(e), 'casino's gaming area'-- 21
omit, insert-- 22
the gaming area 23
82 Amendment of s 66 (Casino operator shall not accept 24
credit wagers etc.) 25
Section 66-- 26
insert-- 27
Page 55
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 3 Amendment of Casino Control Act 1982
[s 83]
(1A) Subsection (1)(a) to (e) does not apply in relation 1
to gaming by a nonresident of Queensland 2
visiting a casino under a junket agreement. 3
83 Amendment of s 67 (Player accounts) 4
Section 67-- 5
insert-- 6
(2C) Subsection (2B) does not apply to a deposit made 7
by a nonresident of Queensland visiting a casino 8
under a junket agreement. 9
(5) Nothing in this section prevents a casino operator 10
allowing a person to use a debit card to deposit an 11
amount in the person's player account. 12
84 Amendment of s 87 (Inspectors may be and remain on 13
casino premises) 14
(1) Section 87(a)-- 15
omit, insert-- 16
(a) viewing casino operations; and 17
(2) Section 87(b), from 'operations'-- 18
omit, insert-- 19
casino operations; and 20
85 Insertion of new pt 11, div 10 21
Part 11-- 22
insert-- 23
Division 10 Transitional provision for 24
Queen's Wharf Brisbane 25
Act 2015 26
Page 56
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 3 Amendment of Casino Control Act 1982
[s 86]
151 Application of amended provisions 1
(1) Section 19 as amended by the amending Act 2
applies only to casino agreements entered into on 3
and after the commencement. 4
(2) Without limiting subsection (1), for interpreting 5
section 19(1)(a)(i) and (ii) as it was in force 6
before the commencement, the amendment of 7
section 19 by the amending Act must be 8
disregarded. 9
(3) In this section-- 10
amending Act means the Queen's Wharf 11
Brisbane Act 2015. 12
86 Amendment of schedule (Dictionary) 13
(1) Schedule, definitions casino and hotel-casino complex-- 14
omit. 15
(2) Schedule-- 16
insert-- 17
casino means the areas of a hotel-casino 18
complex-- 19
(a) the boundaries of which are identified in a 20
casino licence; and 21
(b) that may be used for casino operations. 22
casino operations means the operation and 23
conduct, in relation to a casino, of any of the 24
following-- 25
(a) gaming; 26
(b) money counting, surveillance, accounting, 27
storage and other activities in connection 28
with the operation and conduct of gaming. 29
Page 57
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 87]
gaming area, in a casino, means an area in the 1
casino used for the conduct and playing of 2
games. 3
hotel-casino complex means a complex within 4
the area of which is located a hotel, a casino and 5
other businesses or amenities. 6
(3) Schedule, definition junket agreement, ', for part 8, division 7
2,'-- 8
omit. 9
Part 4 Amendment of Economic 10
Development Act 2012 11
87 Act amended 12
This part amends the Economic Development Act 2012. 13
88 Amendment of s 4 (How main purpose is primarily 14
achieved) 15
Section 4(b), after 'purposes, in'-- 16
insert-- 17
or for 18
89 Amendment of s 13 (MEDQ's functions) 19
Section 13(2)(c), 'land, in'-- 20
omit, insert-- 21
land in or for, 22
Page 58
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 90]
90 Amendment of s 33 (Development and its types) 1
(1) Section 33(3) and (4)-- 2
omit, insert-- 3
(3) PDA assessable development is-- 4
(a) development that a relevant development 5
instrument for a priority development area 6
provides is PDA assessable development, 7
including PDA-associated development 8
identified in the instrument; or 9
(b) PDA-associated development declared for a 10
priority development area under section 11
40C(1) and identified by MEDQ under that 12
section to be PDA assessable development. 13
(4) PDA self-assessable development is-- 14
(a) development that a relevant development 15
instrument for a priority development area 16
provides is PDA self-assessable 17
development, including PDA-associated 18
development identified in the instrument; or 19
(b) PDA-associated development declared for a 20
priority development area by MEDQ under 21
section 40C(1) and identified by MEDQ 22
under that section to be PDA self-assessable 23
development. 24
(2) Section 33(5), after 'Development'-- 25
insert-- 26
in a priority development area, or PDA-associated 27
development for a priority development area, 28
91 Amendment of s 35 (Provisional land use plan required 29
for provisional priority development area) 30
(1) Section 35(2)(a), 'or (3)'-- 31
Page 59
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 92]
omit, insert-- 1
, (3) or (3A) 2
(2) Section 35(2)(c), from 'of the following kind' to 'premises.'-- 3
omit, insert-- 4
that-- 5
(a) is on land in the area or is identified in the 6
plan as PDA-associated development for the 7
area; and 8
(b) is of a following kind-- 9
(i) reconfiguring a lot; 10
(ii) making a material change of use of 11
premises. 12
(3) Section 35(3), 'in the area'-- 13
omit. 14
92 Amendment of s 38 (Interim land use plan required) 15
Section 38(2), 'or (3)'-- 16
omit, insert-- 17
, (3) or (3A) 18
93 Insertion of new ch 3, pt 2, div 2A 19
Chapter 3, part 2-- 20
insert-- 21
Division 2A Declaration of 22
PDA-associated 23
development by MEDQ 24
40A Application of division 25
This division applies to development-- 26
Page 60
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 93]
(a) to be carried out other than entirely within a 1
priority development area; and 2
(b) that is not identified as PDA-associated 3
development in the relevant development 4
instrument for the area. 5
Note-- 6
A relevant development instrument may identify and regulate 7
development as PDA-associated development--see, for 8
example, section 57(3) and (3A). 9
40B Consultation required before declaring 10
PDA-associated development 11
Before making a declaration under section 40C(1), 12
MEDQ must-- 13
(a) consult, in the way it considers appropriate, 14
with each local government in whose area 15
the development is proposed to be located; 16
and 17
(b) make reasonable endeavours to consult, in 18
the way MEDQ considers appropriate, with 19
any government entity, GOC or other entity 20
it considers will be likely to be affected by 21
the declaration. 22
40C Declaration of PDA-associated development 23
(1) MEDQ may, by instrument (a declaration), 24
declare development to which this division 25
applies (the proposed development) to be 26
PDA-associated development for a priority 27
development area. 28
(2) A declaration may be made only if MEDQ is 29
satisfied-- 30
(a) the Sustainable Planning Act may have an 31
adverse effect on the delivery of the 32
Page 61
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 93]
proposed development if that Act were to 1
apply to it; and 2
(b) the proposed development-- 3
(i) mitigates impacts of any development 4
in the priority development area; or 5
(ii) provides infrastructure for the priority 6
development area; or 7
(iii) promotes the proper and orderly 8
planning, development and 9
management of the priority 10
development area in accordance with 11
the relevant development instrument 12
for the area; or 13
(iv) satisfies another requirement 14
prescribed by regulation. 15
(3) A declaration must not compromise the 16
implementation of the relevant development 17
instrument for the priority development area. 18
(4) In making a declaration, MEDQ must decide-- 19
(a) whether the PDA-associated development 20
is-- 21
(i) PDA assessable development; or 22
(ii) PDA self-assessable development; or 23
(iii) PDA exempt development; and 24
(b) if the development is PDA self-assessable 25
development--the requirements for carrying 26
out the development. 27
Note-- 28
If the PDA-associated development is PDA assessable 29
development, see section 84 for requirements about 30
public notification of a PDA development application. 31
Page 62
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 94]
40D Content of declaration 1
A declaration under section 40C(1) must include the 2
following information-- 3
(a) the priority development area the 4
development is for; 5
(b) a description of the land on which the 6
development is proposed to be located; 7
(c) a description of the development, including 8
plans and supporting documentation; 9
(d) any other information prescribed by 10
regulation. 11
40E Notice of declaration 12
As soon as practicable after declaring development to 13
be PDA-associated development under section 14
40C(1), MEDQ must-- 15
(a) publish the declaration on the department's 16
website; and 17
(b) give a copy of the declaration to-- 18
(i) each local government in whose area 19
the development is to be located; and 20
(ii) the owner of the land on which the 21
development is proposed to be located; 22
and 23
(iii) each government entity or GOC 24
consulted under section 40B before the 25
making of the declaration. 26
94 Amendment of s 42 (Revocation or reduction of priority 27
development area) 28
Section 42-- 29
insert-- 30
Page 63
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 95]
(3) Also, if there is PDA-associated development for 1
the priority development area, the 2
recommendation for the PDA change may be 3
made only if-- 4
(a) the Minister has considered how the 5
development should be dealt with; and 6
(b) to the extent the Minister considers it 7
appropriate, the development is provided for 8
in the planning instrument change. 9
95 Amendment of s 48 (Conversion of PDA development 10
approval to SPA development approval) 11
(1) Section 48(1)(b)-- 12
omit, insert-- 13
(b) immediately before the cessation, a PDA 14
development approval was in force for-- 15
(i) the land; or 16
(ii) if all of the land ceases to be in the 17
priority development area and there is 18
PDA-associated development for the 19
area--the PDA-associated 20
development. 21
(2) Section 48(2), 'for the land'-- 22
omit. 23
96 Amendment of s 49 (Outstanding PDA development 24
applications) 25
(1) Section 49(1)(b), 'for the land but not decided.'-- 26
omit, insert-- 27
but not decided for-- 28
(i) the land; or 29
Page 64
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 97]
(ii) if all of the land ceases to be in the 1
priority development area and there is 2
PDA-associated development for the 3
area--the PDA-associated 4
development. 5
(2) Section 49(2)(a), after 'area'-- 6
insert-- 7
and, if the application was for PDA-associated 8
development for the area, the development were still 9
PDA-associated development for the area 10
97 Amendment of s 50 (Provisions for converted SPA 11
development approval) 12
Section 50(5), after paragraph (a)-- 13
insert-- 14
(aa) if the relevant development was 15
PDA-associated development for the 16
priority development area--the relevant 17
development never been PDA-associated 18
development for a priority development 19
area; and 20
98 Insertion of new s 51A 21
Chapter 3, part 2, division 5-- 22
insert-- 23
51A Lawful uses relating to PDA-associated 24
development 25
(1) This section applies if-- 26
(a) a material change of use of premises is 27
PDA-associated development for a priority 28
development area; and 29
Page 65
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 99]
(b) the use of the premises as a consequence of 1
the material change of use is a lawful use. 2
(2) The use is taken to also be a lawful use of the 3
premises under any other Act. 4
99 Amendment of s 57 (Content of development scheme) 5
(1) Section 57(3)-- 6
insert-- 7
(ba) identify development, other than 8
development that is to be carried out entirely 9
within the area, as PDA-associated 10
development for the area; or 11
(2) Section 57(3)(e), 'in the area'-- 12
omit. 13
(3) Section 57(3)(ba) to (e)-- 14
renumber as section 57(3)(c) to (f). 15
(4) Section 57-- 16
insert-- 17
(3A) If the land use plan identifies development as 18
PDA-associated development for the area, the 19
plan must also-- 20
(a) identify whether the development is PDA 21
assessable development or PDA 22
self-assessable development; and 23
(b) if the development is PDA self-assessable 24
development--identify the requirements for 25
carrying out the development; and 26
(c) include a description of the land on which 27
the development is proposed to be located; 28
and 29
Page 66
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 100]
(d) include a description of the development, 1
including plans and supporting 2
documentation. 3
100 Amendment of ch 3, pt 4, hdg (Development and uses in 4
priority development areas) 5
Chapter 3, part 4, heading, after 'in'-- 6
insert-- 7
or for 8
101 Amendment of s 73 (Carrying out PDA assessable 9
development without PDA development permit) 10
Section 73(1), 'in a priority development area'-- 11
omit. 12
102 Amendment of s 74 (PDA self-assessable development 13
must comply with relevant development instrument) 14
(1) Section 74, heading-- 15
omit, insert-- 16
74 Compliance with requirements for carrying out 17
PDA self-assessable development 18
(2) Section 74, from 'in a priority development area' to 19
'development.'-- 20
omit, insert-- 21
, the person must comply with the requirements about 22
carrying out the development-- 23
(a) under the relevant development instrument 24
for the area; or 25
(b) if the development is PDA-associated 26
development declared for the area under 27
section 40C(1)--decided by MEDQ under 1
Page 67
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 103]
section 40C(4). 2
103 Amendment of s 76 (Offence about use of premises) 3
Section 76, after 'priority development area'-- 4
insert-- 5
, or premises subject to PDA-associated development 6
for a priority development area, 7
104 Amendment of s 78 (Lawful uses of premises protected) 8
Section 78(1)-- 9
omit, insert-- 10
(1) This section applies if-- 11
(a) a relevant development instrument, or an 12
amendment of a relevant development 13
instrument, takes effect for a priority 14
development area; and 15
(b) immediately before the instrument or 16
amendment took effect, either of the 17
following was a lawful use of premises-- 18
(i) a use of premises in the priority 19
development area; 20
(ii) a use of premises as a consequence of a 21
material change of use that was 22
PDA-associated development for the 23
priority development area. 24
105 Amendment of s 80 (Amendment of relevant development 25
instrument does not affect existing SPA or PDA 26
development approval) 27
Section 80(1)(a)-- 28
omit, insert-- 1
Page 68
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 106]
(a) a PDA development approval, or an SPA 2
development approval for premises in a 3
priority development area, is in effect; and 4
106 Amendment of s 84 (Notice of application) 5
(1) Section 84(1), after paragraph (a)-- 6
insert-- 7
(aa) the relevant development is-- 8
(i) PDA-associated development declared 9
for the relevant priority development 10
area by MEDQ under section 40C(1); 11
and 12
(ii) PDA assessable development; or 13
(2) Section 84(1)(aa) and (b)-- 14
renumber as section 84(1)(b) and (c). 15
107 Amendment of s 86 (Restrictions on granting approval) 16
Section 86-- 17
insert-- 18
(2A) If PDA-associated development is declared for a 19
priority development area under section 40C(1), 20
the development is not inconsistent with the 21
relevant development instrument for the area only 22
because the instrument does not identify the 23
development or adequately provide for its 24
assessment. 25
108 Amendment of s 87 (Matters to be considered in making 26
decision) 27
(1) Section 87(1)(d)(i), 'for a'-- 28
omit, insert-- 1
Page 69
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 109]
for an application for relevant development in, or 2
PDA-associated development for, a 3
(2) Section 87(1)(d)(ii), 'for another'-- 4
omit, insert-- 5
for an application for development in, or 6
PDA-associated development for, another 7
(3) Section 87(2), after 'application for'-- 8
insert-- 9
development in, or PDA-associated development for, 10
(4) Section 87-- 11
insert-- 12
(2A) In deciding an application for PDA-associated 13
development for a priority development area, 14
MEDQ may, subject to section 86, give the 15
weight it considers appropriate to any planning 16
instrument, or a plan, policy or code made under 17
the Sustainable Planning Act or another Act, that 18
would have applied if the development were not 19
PDA-associated development. 20
109 Amendment of s 103 (Restriction on particular land 21
covenants) 22
Section 103, from 'Land Title' to 'Land Act 1994'-- 23
omit, insert-- 24
Land Title Act 1994, section 97A(3)(a) or (b) or the 25
Land Act 1994, section 373A(4) 26
110 Amendment of ch 3, pt 8, hdg (MEDQ's powers relating to 27
priority development areas) 28
Chapter 3, part 8, heading, after 'areas'-- 29
insert-- 1
Page 70
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 111]
and PDA-associated development 2
111 Amendment of s 123 (Application of local government 3
entry powers for MEDQ's functions or powers) 4
Section 123(1)-- 5
omit, insert-- 6
(1) This section applies to-- 7
(a) land in, or a structure on, a priority 8
development area or a lot adjoining the 9
priority development area; or 10
(b) land or a structure the subject of 11
PDA-associated development for a priority 12
development area or a lot adjoining the land 13
or structure. 14
112 Amendment of s 124 (Roads and road closures) 15
Section 124(1), from 'in relation to'-- 16
omit, insert-- 17
in relation to-- 18
(a) a priority development area; or 19
(b) PDA-associated development for a priority 20
development area. 21
113 Amendment of s 126 (Giving information about roads to 22
relevant local government) 23
Section 126(1), 'in a priority development area'-- 24
omit. 25
114 Amendment of s 172 (Registers) 1
Section 172(1)-- 2
Page 71
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 115]
insert-- 3
(ca) the following information about 4
PDA-associated development for a priority 5
development area-- 6
(i) a description of the development, 7
including plans and supporting 8
documentation; 9
(ii) whether the development was declared 10
by MEDQ under section 40C(1) or 11
identified in the relevant development 12
instrument for the area; 13
(iii) a description of the land on which the 14
development is, or is proposed to be, 15
located; 16
(cb) declarations made by MEDQ under section 17
40C(1); 18
115 Amendment of ch 6, hdg (Transitional provisions and 19
repeals) 20
Chapter 6, heading, after 'repeals'-- 21
insert-- 22
for Act No. 43 of 2012 23
116 Insertion of new ch 7 24
After chapter 6-- 25
insert-- 26
Page 72
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 4 Amendment of Economic Development Act 2012
[s 117]
Chapter 7 Other transitional 1
provisions 2
Part 1 Transitional provisions 3
for Queen's Wharf 4
Brisbane Act 2015 5
217 Definition for part 6
In this part-- 7
amended, in relation to a provision of this Act, 8
means the provision as amended by the Queen's 9
Wharf Brisbane Act 2015. 10
218 Application of amendments about 11
PDA-associated development 12
(1) This section applies in relation to amended 13
chapter 3 to the extent it relates to 14
PDA-associated development for a priority 15
development area. 16
(2) Amended chapter 3 applies to development only 17
if it substantially starts on or after the 18
commencement. 19
219 Application of amended s 103 20
Amended section 103 applies to a priority 21
development area whether the area was declared or 22
otherwise came into existence before, on or after the 23
commencement. 24
117 Amendment of sch 1 (Dictionary) 25
Schedule 1-- 26
Page 73
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 5 Amendment of Liquor Act 1992
[s 118]
insert-- 1
PDA-associated development, for a priority 2
development area, means development, other 3
than development to be carried out entirely 4
within the area, that is-- 5
(a) declared to be PDA-associated development 6
for the area under section 40C(1); or 7
(b) identified as PDA-associated development 8
for the area in the relevant development 9
instrument for the area. 10
Part 5 Amendment of Liquor Act 1992 11
118 Act amended 12
This part amends the Liquor Act 1992. 13
119 Amendment of s 9 (Ordinary trading hours) 14
(1) Section 9(1A)(c)-- 15
omit, insert-- 16
(c) premises to which a commercial special 17
facility licence for an airport or a casino 18
relates; 19
(2) Section 9(1B), from 'an airport' to 'licence'-- 20
omit, insert-- 21
licensed premises to which a commercial special 22
facility licence for an airport or a casino 23
(3) Section 9(5), 'an airport or casino'-- 24
omit, insert-- 25
Page 74
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 6 Amendment of South Bank Corporation Act 1989
[s 120]
premises 1
120 Amendment of s 142AA (Application of div 5) 2
Section 142AA(2)(a)-- 3
omit, insert-- 4
(a) licensed premises to which a commercial 5
special facility licence for a casino relates; 6
or 7
Part 6 Amendment of South Bank 8
Corporation Act 1989 9
121 Act amended 10
This part amends the South Bank Corporation Act 1989. 11
122 Amendment of s 4 (Meaning of assessable development) 12
Section 4-- 13
insert-- 14
(c) development carried out in a priority 15
development area under the Economic 16
Development Act 2012; 17
(d) PDA-associated development for a priority 18
development area under the Economic 19
Development Act 2012. 20
Page 75
Queen's Wharf Brisbane Bill 2015
Chapter 8 Amendment of Acts
Part 7 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)
Act 2009
[s 123]
Part 7 Amendment of South-East 1
Queensland Water (Distribution 2
and Retail Restructuring) Act 3
2009 4
123 Act amended 5
This part amends the South-East Queensland Water 6
(Distribution and Retail Restructuring) Act 2009. 7
124 Amendment of s 99BRAT (Assessment of connections, 8
water approvals and works) 9
Section 99BRAT(2), from 'the connection,'-- 10
omit, insert-- 11
the connection-- 12
(a) in a priority development area under the 13
Economic Development Act 2012; or 14
(b) that is PDA-associated development for a 15
priority development area under the 16
Economic Development Act 2012. 17
Page 76
Queen's Wharf Brisbane Bill 2015
Schedule 1
Schedule 1 Proposed agreement for casino 1
section 10 2
3
Page 77
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 78
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 79
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 80
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 81
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 82
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 83
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 84
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 85
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 86
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 87
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 88
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 89
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 90
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 91
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 92
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 93
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 94
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 95
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 96
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 97
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 98
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 99
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 100
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 101
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 102
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 103
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 104
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 105
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 106
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 107
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 108
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 109
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 110
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 111
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 112
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 113
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 114
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 115
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 116
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 117
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 118
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 119
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 120
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 121
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 122
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 123
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 124
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 125
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 126
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 127
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 128
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 129
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 130
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 131
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 132
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 133
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 134
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 135
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 136
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 137
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 138
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 139
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 140
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 141
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 142
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 143
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 144
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 145
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 146
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 147
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 148
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 149
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 150
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 151
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 152
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 153
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 154
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 155
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 156
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 157
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 158
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 159
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 160
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 161
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 162
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
2
Page 163
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 164
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 165
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
2
Page 166
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 167
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 168
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 169
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 170
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 171
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 172
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 173
Queen's Wharf Brisbane Bill 2015
Schedule 1
1
Page 174
Queen's Wharf Brisbane Bill 2015
Schedule 2
Schedule 2 Dictionary 1
section 6 2
accepted representations see section 31. 3
approval requirement see section 30. 4
approved, by regulation, means the regulation has not been 5
disallowed by the Legislative Assembly within the period 6
provided for under the Statutory Instruments Act 1992, section 7
50. 8
approved form means a form approved by the chief executive 9
under section 64. 10
associate, for chapter 4, see section 16. 11
casino agreement see section 9. 12
chief executive (land), for chapter 5, part 1, see section 42. 13
consortium parties has the meaning given by the casino 14
agreement. 15
Control Act means the Casino Control Act 1982. 16
convertible securities, in a relevant entity, see section 16. 17
declaration, for chapter 5, part 1, see section 43(1). 18
disclosure notice, for chapter 4, part 4, see section 39. 19
freehold declaration, for chapter 5, part 1, see section 20
43(1)(a). 21
holding entity, for chapter 3, see section 13. 22
interest, in a relevant entity, see section 16. 23
IR Holdco means Destination Brisbane Consortium 24
Integrated Resort Holdings Pty Ltd ACN 608 538 610 in its 25
capacity as trustee for the IR Holding Trust. 26
IR Holding Trust means the Destination Brisbane 27
Consortium Integrated Resort Holding Trust constituted by a 28
unit trust deed dated 30 October 2015. 29
Page 175
Queen's Wharf Brisbane Bill 2015
Schedule 2
IR Operating Trust means the Destination Brisbane 1
Consortium Integrated Resort Operating Trust constituted by 2
a unit trust deed dated 30 October 2015. 3
Land Act means the Land Act 1994. 4
Land Act Minister, for chapter 5, part 1, see section 42. 5
Land Title Act means the Land Title Act 1994. 6
leasehold declaration, for chapter 5, part 1, see section 7
43(1)(b). 8
licensee means Destination Brisbane Consortium Integrated 9
Resort Operations Pty Ltd ACN 608 538 638 in its capacity as 10
trustee for the IR Operating Trust. 11
managed investment scheme, for chapter 4, see section 16. 12
non-voting interest, in a relevant entity, see section 16. 13
ongoing interest, for chapter 5, part 1, see section 43(6). 14
Queen's Wharf casino means the casino under the casino 15
agreement. 16
Queen's Wharf complex means the hotel-casino complex, 17
within the meaning of the Control Act, in which the Queen's 18
Wharf casino is located. 19
Queen's Wharf deed see section 44(4). 20
Queen's Wharf freehold land means-- 21
(a) land contained in a Queen's Wharf deed; and 22
(b) the following land owned by the State in fee simple 23
within the Queen's Wharf priority development area-- 24
(i) Lot 1 on B32444; 25
(ii) Lot 2 on B32444; 26
(iii) Lot 3 on CP882348; 27
(iv) Lot 100 on CP898752; 28
(v) Lot 101 on CP905886; and 29
Page 176
Queen's Wharf Brisbane Bill 2015
Schedule 2
(c) land vested in fee simple in the Minister for Economic 1
Development Queensland under the Economic 2
Development Act 2012, section 125. 3
Queen's Wharf headlease see section 45(5). 4
Queen's Wharf headlease land, for chapter 5, part 1, see 5
section 45(6). 6
Queen's Wharf lease-- 7
1 A Queen's Wharf lease is-- 8
(a) a lease granted by the State over Queen's Wharf 9
freehold land; or 10
(b) a sublease of a Queen's Wharf headlease granted 11
by the State. 12
2 A Queen's Wharf lease does not include any of the 13
following leases granted by a person other than the 14
State-- 15
(a) a sublease of a lease mentioned in paragraph 1(a); 16
(b) a concurrent sublease or any derivative under-lease 17
of a Queen's Wharf headlease. 18
Queen's Wharf licence, for chapter 5, part 1, see section 52. 19
Queen's Wharf priority development area means the Queen's 20
Wharf Brisbane priority development area declared under the 21
Economic Development Act 2012. 22
Queen's Wharf tenure, for chapter 5, part 1, see section 42. 23
relevant entity see section 17. 24
relevant interest, in interests or convertible securities in a 25
relevant entity, see section 18. 26
required approval, for chapter 4, see section 16. 27
security, for chapter 4, see section 16. 28
show cause notice see section 30(2). 29
show cause period see section 30(2)(d). 30
sublease-- 31
Page 177
Queen's Wharf Brisbane Bill 2015
Schedule 2
(a) for chapter 5, part 1--see section 42(2) and (3); or 1
(b) otherwise--includes a concurrent sublease and any 2
derivative under-lease, including, for example, a 3
sub-sublease. 4
subsidiary has the meaning given by the Corporations Act. 5
voting interest, in a relevant entity, for chapter 4, see section 6
16. 7
voting power, of a person in a relevant entity, see section 16. 8
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 178
[Index] [Search] [Download] [Related Items] [Help]