Western Australian Current Acts Western Australian Current Acts[s. 3]
[Heading inserted: No. 21 of 2019 s. 84.]
Casino (Burswood Island) Agreement
FIFTEENTH SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made the 7 th day of May 2019
BETWEEN:
THE HONOURABLE PAUL PAPALIA MLA, the Minister of the Crown for the time being
charged with the administration of the Casino Control Act 1984 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;
(l) the Twelfth Supplementary Agreement made on 12
May 2011;
(m) the Thirteenth Supplementary Agreement made on
16 March 2015; and
(n) the Fourteenth Supplementary Agreement made on
6 October 2016,
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:
(i) the Bill referred to in sub-clause (a) has
been passed by the Parliament of Western Australia and comes into operation as
an Act; and
(ii) the ratification provisions of the Bill
referred to in sub-clause (a) come into operation.
(c) On the said Bill commencing to operate as an
Act and the ratification provisions of the said Bill coming into operation,
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 by:-
(a) inserting after the definition of "Authorised
Game" the following definition:-
" " Betting Agency " has the meaning ascribed to that term in the
Betting Control Act 1954; "
(b) inserting after the definition of "Scheme Act"
the following definition:-
" " Simulated Race " means a game –
(a) that consists of animated images of a
thoroughbred race, harness race or greyhound race; and
(b) the outcome of which is only determined by a
random number generator that draws a set of numbers from a larger set of
numbers,
and " Simulated Races " has an equivalent meaning. "
(c) inserting after the definition of "Unit
Holder" the following definition:-
" " Wagering Licence " means a licence granted pursuant to Part 1A of the
Betting Control Act 1954; "
4. Clause 22 amended
Clause 22 of the State Agreement is amended by:-
(a) amending subclause (5)(d) by deleting the
words " the racing club ." and replacing them with " the racing club; "; and
(b) inserting after subclause (5)(d) the following
clause:-
" (e) limit or affect the power of the State to
authorise permit or approve the playing of and the conduct of wagering and
betting on Simulated Races pursuant to a Wagering Licence provided that:
(i) the State does not authorise the operation at
the same time of more than one Wagering Licence for Simulated Races; and
(ii) the Wagering Licence only authorises permits
or approves in relation to Simulated Races:
(A) wagering and betting on Simulated Races by
persons within, and not by persons outside, the physical premises of a Betting
Agency located within the State;
(B) the playing and conduct of wagering and
betting on Simulated Races within the hours of operation authorised by the
Wagering Licence which will not exceed:
(I) in respect of a Betting Agency within premises
licensed under the Liquor Control Act 1988 , the "permitted hours" for those
premises within the meaning given in the Liquor Control Act 1988 ; and
(II) in respect of any other Betting Agency, 14
hours in any 24 hour period; and
(C) Simulated Races which are for a minimum period
of time (expressed in seconds), and which are separated by a minimum period of
time (expressed in minutes or seconds), neither of which is less than the
equivalent minimum period which is imposed on the Trustee for Simulated
Races.”
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 )
PAUL PAPALIA MLA for
and on )
behalf of the State of Western Australia
)
Australia in the presence of:
)
P
Papalia
Signature
of witness
Signature of
THE HONOURABLE
PAUL PAPALIA MLA
Joy Edith
Turvey
Name
of Witness
THE COMMON SEAL of
)
BURSWOOD NOMINEES LIMITED )
(ACN 078 250
307) was hereunto )
D.S.
affixed by authority of the Board of )
Directors in the presence
of: )
Signature
of authorised person
Signature of authorised person
Director
Secretary
Office
held Office held
Barry John 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
) C.S.
affixed by authority of the
Board )
of Directors in the presence
of: )
Signature
of authorised person
Signature of authorised person
Director
Secretary
Office
held Office held
Barry John Felstead Joshua
Robert
Preston
Name
of authorised person
Name of authorised person
[Schedule 16 inserted: No. 21 of 2019 s. 84.]