[s. 3]
[Heading inserted: No. 25 of 2011 s. 6.]
Casino (Burswood Island) Agreement
TWELFTH SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made 12 th day of May 2011
B E T W E E N:
THE HONOURABLE TERRENCE WALDRON MLA , the Minister of the Crown for the time
being charged with the administration of the Control Act acting for and on
behalf of the State of Western Australia and its instrumentalities from time
to time ( “the State” )
AND
BURSWOOD NOMINEES LIMITED (ACN 078 250 307) of Burswood Entertainment Complex,
Great Eastern Highway, Burswood in the State of Western Australia as trustee
of the Burswood Property Trust ( “the Trustee” )
AND
BURSWOOD RESORT (MANAGEMENT) LIMITED (ACN 009 396 945) of Burswood
Entertainment Complex, Great Eastern Highway, Burswood in the State of Western
Australia as manager of the Burswood Property Trust ( “the
Manager” ).
RECITALS:
A. The State, the Trustee (by virtue of the
West Australian Trustees Limited (Merger) Act 1989 ) and the Manager (by
virtue of a deed of retirement and appointment of manager made on 13 August
1990 and a deed of assumption and covenant made on 13 November 1991) are
parties to an agreement dated 20 February 1985 ratified by and scheduled to
the Casino (Burswood Island) Agreement Act 1985 as amended by:
(a) the
Supplementary Agreement made on 14 September 1987;
(b) the
Second Supplementary Agreement made on 3 May 1990;
(c) the
Third Supplementary Agreement made on 13 November 1991;
(d) the
Fourth Supplementary Agreement made on 30 March 1992;
(e) the
Fifth Supplementary Agreement made on 3 April 1995;
(f) the
Sixth Supplementary Agreement made on 22 June 1996;
(g) the
Seventh Supplementary Agreement made on 9 June 1997;
(h) the
Eighth Supplementary Agreement made on 18 June 2003;
(i)
the Ninth Supplementary Agreement made on 23 November
2005;
(j) the
Tenth Supplementary Agreement made on 2 November 2006; and
(k) the
Eleventh Supplementary Agreement made on 28 March 2007,
which agreement as so amended is referred to in
this Agreement as “the State Agreement” .
B. The parties have agreed to further amend the
State Agreement for the purpose of more efficiently or satisfactorily
implementing or facilitating its objectives.
THE PARTIES AGREE AS FOLLOWS:
1. Definitions and Interpretation
Words and expressions defined in the State
Agreement when used in this Agreement have, unless the context otherwise
requires, the same meanings as in the State Agreement and the provisions of
clause 2 of the State Agreement as to interpretation apply to this Agreement.
2. Variation and Operation
(a) The
State shall introduce and sponsor a Bill in the Parliament of Western
Australia to ratify this Agreement and endeavour to secure its passage as an
Act.
(b) The
provisions of this Agreement other than this clause and clause 1 shall not
come into operation until the Bill referred to in subclause (a) has been
passed by the Parliament of Western Australia and comes into operation as an
Act.
(c) On
the said Bill commencing to operate as an Act, this Agreement shall operate
and take effect according to its terms notwithstanding the provisions of any
Act or law of Western Australia.
3. Clause 2 amended
Clause 2 of the State Agreement is amended:-
(a) by
amending the definition of “Casino Tax” by inserting after the
words “Table Game Tax” the words: “, the Fully Automated
Table Game Tax”;
(b) by
amending the definition of “Casino Tax Activity” by inserting
after the words “Table Game” the words “, Fully Automated
Table Game”;
(c) by
inserting after the definition of “Crown” the following
definition:-
“ Cruise Ship
” means any vessel that:
(a)
has a minimum capacity of 100 passengers;
(b)
is conducting a scheduled deep water cruise; and
(c)
is transiting through Western Australian ports
from and to locations overseas or interstate;”
(d) by
amending the definition of “Electronic Gaming Machine” by
inserting the words “or Fully Automated Table Game”, after the
words “not a Table Game;”
(e) by
deleting the definition of “Electronic Gaming Machine Levy” and
substituting the following:-
“ “
Electronic Gaming Machine Levy ” means, for the purpose of subparagraph
23(1)(c)(ii)(D), the percentage of Casino Taxable Revenue for Electronic
Gaming Machines set out in column 2 of the table in item 1 of schedule
F;”
(f) by
inserting after the definition of “Founders” the following
definition:-
“ “ Fully
Automated Table Game ” means any new game which is authorised under
section 22 of the Control Act and which the Gaming and Wagering Commission, by
notice to the Trustee, specifies to be a Fully Automated Table Game;”
(g) by
inserting after the definition of “Fully Automated Table Game” the
following definition:-
“ “ Fully
Automated Table Game Tax ” means the tax set out in the Fully Automated
Table Game Tax table in Schedule C.”
(h) by
inserting after the definition of “Genting WA” the following
definition:
“ “
Heirisson Island Sculpture Park Project ” means the State Government of
Western Australia’s proposal to enhance Heirisson Island environmentally
and artistically through environmental protection and conservation and through
the display of sculptural artworks as set out in the Heirisson Island
Sculpture Park Master Plan Report dated 9 June 2008.”
4. Clause 22 amended
Clause 22 of the State Agreement is amended by:-
(a)
deleting the word “or” from subclause 4(a);
(b)
inserting “; or” after the word “Resort Complex” in
subclause 4(b);
(c)
inserting after subclause (4)(b) the following new clause:-
“(c)
in a Cruise Ship in respect of which the conduct of
gaming outside a distance of 12 nautical miles from the Western Australian
baseline is permitted:
(i)
under regulation 8A of the Gaming and Wagering Commission Regulations 1988 ;
or
(ii) by
a permit issued by the Commission under the Gaming and Wagering Commission
Act 1987 and with the consent of the Trustee,”;
(d)
amending subclause (5)(a) by deleting the number “200” and
replacing it with “100”.
(e)
deleting subclause (5)(c) and substituting the following clause:-
“(c)
prevent the State permitting the playing of the game
known as “two-up” on Anzac Day as defined in section 3 of the
Anzac Day Act 1960 :
(i) in
premises in any part of the State of The Returned and Services League of
Australia, W.A. Branch, Incorporated or of any of its affiliated sub branches
and normally used for social functions or activities of members of any such
organisation; or
(ii) at
events or in premises that the Minister is satisfied are sufficiently
connected to the celebration of Anzac Day;”;
(f)
inserting after subclause 5(c) the following new clause:-
“(d)
prevent the State permitting under section 48 of the
Gaming and Wagering Commission Act 1987 the playing of the game known as
“two-up” in any racing club as defined in section 3 of the
Racing and Wagering Western Australia Act 2003 that is:
(i)
registered with “Racing and Wagering Western Australia” under the
Racing and Wagering Western Australia Act 2003 ; and
(ii)
within a radius in any direction of 100 kilometres of the Burswood Casino,
provided that the Trustee consents to the playing of “two
up” in the racing club.”.
5. Clause 23 amended
Clause 23 of the State Agreement is amended by:-
(a)
deleting subclause (1)(c) and substituting the following:-
“(c)
subject to subclause 23(2), to the Board in respect of
each and every month an amount equal to the greater of:
(i) $83,334; or
(ii) the aggregate of:
(A)
one per centum (1%) of Casino Taxable Revenue for Table
Games for the month;
(B)
one per centum (1%) of Casino Taxable Revenue for Fully
Automated Table Games for the month; and
(C)
one per centum (1%) of Casino Taxable Revenue for
International Commission Business for the month; and
(D)
for each month during the period set out in column 1 of
the table in item 1 of Schedule F, the Electronic Gaming Machine Levy,
subject to item 2 of Schedule F, payment to be made to the Board by
monthly payments on, and commencing on, the same dates as payments are made to
the Treasurer of the State pursuant to paragraph (a).”
(b) by
inserting immediately after subclause (1A) the following subclause:-
“(1B)
(a) The Board
shall from money received under clause 23(1)(c) pay the sum of $5,000,000 to
the Treasurer of the State for use in the development of the Heirisson Island
Sculpture Park Project in such amounts (to a maximum of $5,000,000) and in
such times as determined by the Minister.
(b)
Payments made under subclause (1B)(a) shall only be made within a
period of five years from, and including, the date of the Twelfth
Supplementary Agreement.
6. Schedule C amended
Schedule C of the State Agreement is amended by:-
(a)
inserting the following table in Schedule C Item 1, after the “Table
Game Tax” table:
Fully Automated Table Game Tax
Period |
Fully Automated Table Game Tax |
---|---|
On and from 1 July 2011 |
22% of Casino Taxable Revenue for Fully Automated Table Games |
(b) in
the “Electronic Gaming Machine Tax” table in Schedule C Item 1,
below the row containing the words “20% of Casino Taxable Revenue for
Electronic Gaming Machines”, inserting the following rows:-
On and from 1 July 2011 to 30 June 2012 |
20.125% of Casino Taxable Revenue for Electronic Gaming Machines |
On and from 1 July 2012 to 30 June 2013 |
20.25% of Casino Taxable Revenue for Electronic Gaming Machines |
On and from 1 July 2013 to 30 June 2014 |
20.375% of Casino Taxable Revenue for Electronic Gaming Machines |
On and from 1 July 2014 to 30 June 2015 |
20.5% of Casino Taxable Revenue for Electronic Gaming Machines |
On and from 1 July 2015 |
20.625% of Casino Taxable Revenue for Electronic Gaming Machines |
(c) by
deleting Item 2 (2) in Schedule C and substituting the following:-
“2 To give
effect to the parties’ agreement that the Casino Tax Rates specified in
this Schedule C take effect from 1 July 2011:
(a) the
Commission will determine the amount equal to all of the Casino Taxes which
would have been payable for the period commencing 1 July 2011 and concluding
on the last day of the month within which this Agreement takes effect, if this
Agreement had taken effect on 1 July 2011;
(b) if
the amount calculated under paragraph 2(a) of this Item 2 is more than the
actual amount paid by the Trustee under clause 23(1)(a) of the State Agreement
for the period referred to in paragraph 2(a), then the Trustee must pay the
difference between the two amounts to the Treasurer at the same time and in
the same manner as the next monthly payment is due under clause 23(1)(a); and
(c) if
the amount calculated under paragraph 2(a) of this Item 2 is less than the
actual amount paid by the Trustee under clause 23(1)(a) of the State Agreement
for the period referred to in paragraph 2(a), then the difference between the
two amounts shall be set off against monthly payments due under clause
23(1)(a) until it has been set off in full.”
AS WITNESS the execution of this Agreement by or on behalf of the parties the
day and year first hereinbefore written.
SIGNED by THE
)
HONOURABLE TERRENCE )
WALDRON MLA for and
on )
behalf of the State of Western
)
Australia in the presence of: )
J Nichols T Waldron
.......................................
.......................................
Signature of witness Signature of THE
HONOURABLE
Jon Martin Nichols
TERRENCE WALDRON
.......................................
Name of Witness
THE COMMON SEAL of )
BURSWOOD NOMINEES
)
LIMITED (ACN 078 250 307) )
was hereunto affixed by )
authority of the Board
of ) D.S.
Directors in
the presence of: )
B J Felstead A F McGregor
....................................
....................................
Signature of authorised person
Signature of authorised person
Director Secretary
....................................
....................................
Office held
Office held
Barry John Felstead
Alan Frank McGregor
....................................
....................................
Name of authorised person
Name of authorised person
THE COMMON SEAL of
)
BURSWOOD RESORT )
(MANAGEMENT) LIMITED )
(ACN 009 396 945) was
hereunto )
affixed by authority of the Board
) C.S.
of Directors in
the presence of: )
B J Felstead A F McGregor
....................................
....................................
Signature of authorised person
Signature of authorised person
Director Secretary
....................................
....................................
Office held
Office held
BARRY JOHN FELSTEAD ALAN FRANK MCGREGOR
....................................
....................................
Name of authorised person
Name of authorised person
[Schedule 13 inserted by No. 25 of 2011 s. 6.]