Western Australian Current Acts Western Australian Current Acts[s. 3A]
[Heading inserted: Gazette 28 Jul 2015 p. 3084.]
Casino (Burswood Island) Agreement
THIRTEENTH SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made 16 th day of March 2015
BETWEEN:
THE HONOURABLE COLIN HOLT MLC, 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 201 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 201 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;
(k) the Eleventh Supplementary Agreement made on
28 March 2007; and
(1) the Twelfth Supplementary Agreement made on 12
May 2011,
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
Pursuant to and subject to clause 5 of the State Agreement the parties agree
to amend the State Agreement in the manner set out in this Agreement.
3 Clause 23 amended
Clause 23 of the State Agreement is amended –
(a) by deleting subclause (1A) and substituting
the following:-
“(1A) The Board may apply moneys received
under clause 23(l)(c) for the following purposes:
(a) performing the functions for which it was or
is constituted;
(b) expenditure on or directly in relation to the
Resort Site;
(c) expenditure on projects approved by the Rivers
Management Minister for the protection and enhancement of ecological and
community benefits and amenity of the Swan and Canning Rivers and associated
lands;
(d) expenditure on the reasonable administration
expenses of the Board; and
(e) any other projects or matters as the Board may
determine subject to the prior consent of the Minister and the Trustee.”
(b) by deleting subclause (6) and substituting the
following:-
“(6) The Minister may, with prospective
effect from an Anniversary Date review any Casino Tax Rate by not less than 4
weeks’ notice to the Trustee specifying an alternative Casino Tax Rate
or alternative Casino Tax Rates, as the case may be, and the Anniversary Date
on and from which such alternative rate of the Casino Tax Rate is, or Casino
Tax Rates are, payable.”
(c) by inserting after subclause (6B) the
following subclause (6C):-
“(6C) Notwithstanding any other provision of
this Agreement or the Casino Tax Rates, for the period 1 July 2014 to 30 June
2019, the Trustee shall pay International Commission Business Tax as follows:
(a) a minimum of $9.05 million to be paid for the
period 1 July 2014 to 30 June 2015;
(b) a minimum of $18.1 million to be paid for the
period 1 July 2014 to 30 June 2016;
(c) a minimum of $27.15 million to be paid for the
period 1 July 2014 to 30 June 2017;
(d) a minimum of $36.2 million to be paid for the
period 1 July 2014 to 30 June 2018; and
(e) a minimum of $45.25 million to be paid for the
period 1 July 2014 to 30 June 2019.
4 Schedule C amended
The State Agreement is amended by deleting Schedule C and substituting the
following: –
“ ITEM 1 – CASINO TAX 1
Electronic Gaming Machine Tax
|
Period |
Electronic Gaming Machine Tax |
|
On and from 24 December 2014 to 23 December 2015 |
12.27% of Casino Taxable Revenue for Electronic Gaming Machines |
|
On and from 24 December 2015 |
12.42% of Casino Taxable Revenue for Electronic Gaming Machines |
Table Game Tax
|
Period |
Table Game Tax |
|
On and from 24 December 2014 |
9.37% of Casino Taxable Revenue for Table Games |
Fully Automated Table Game Tax
|
Period |
Fully Automated Table Game Tax |
|
On and from 24 December 2014 |
12.92% of Casino Taxable Revenue for Fully Automated Table Games |
1 Casino Tax Rates, where applicable, are subject
to the Review Notice dated 20 November 2014 issued pursuant to clause 23(6)(b)
of this Agreement.
International Commission Business Tax
|
Period |
International Commission Business Tax |
|
On and from 1July 2015 |
1.75% of Casino Taxable Revenue for International Commission Business |
ITEM 2
1 All Casino Taxes are to be paid to the Treasurer
of the State each month, within 8 days after the end of the month. ”
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 COLIN
)
HOLT MLC for and on )
behalf of
the State of Western )
Australia in the presence
of: )
[Signature]
[Signature]
.......................................
.......................................
Signature of witness Signature of THE HONOURABLE COLIN HOLT
MLC
DONNA KENNEDY
.......................................
Name of Witness
THE COMMON SEAL of )
BURSWOOD NOMINEES
)
LIMITED (ACN 078 250 307)
)
was hereunto affixed by )
authority of
the Board of )
Directors in the presence of:
)
[Signature]
[Signature]
....................................... .
....................................
Signature of authorised person Signature of
authorised person
Director Secretary
....................................
....................................
Office held
Office held
BARRY FELSTEAD JOSHUA ROBERT PRESTON
....................................
....................................
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 of Directors in
)
the presence of: )
[Signature]
[Signature]
.......................................
....................................
Signature of authorised person Signature of
authorised person
Director Secretary
....................................
....................................
Office held
Office held
BARRY FELSTEAD JOSHUA ROBERT PRESTON
....................................
....................................
Name of authorised person
Name of authorised person
[Schedule 14 inserted: Gazette 28 Jul 2015 p.
3084-8.]