Western Australian Current Acts Western Australian Current Acts[s. 3]
[Heading inserted: No. 4 of 2024 s. 6.]
Casino (Burswood Island) Agreement
SEVENTEENTH SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made the 9th day of November 2023
BETWEEN:
THE HONOURABLE REECE WHITBY 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;
(n) the Fourteenth Supplementary Agreement made on
6 October 2016;
(o) the Fifteenth Supplementary Agreement made on
7 May 2019; and
(p) the Sixteenth Supplementary Agreement made on
14 April 2023,
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 23 amended
Clause 23 of the State Agreement is amended:
(a) in clause 23(8) by deleting the words " clause
33 provided that pending the determination upon such reference Casino Tax at
such higher rate shall be payable by the Trustee provided further that " and
replacing them with " clause 33 provided that, pending the determination upon
such reference, Casino Tax at such higher rate shall be payable by the
Trustee, provided further that ";
(b) in clause 23(10)(b) by:
(i) inserting " until 23 December 2023 " after the
words " following the Completion Date "; and
(ii) deleting the words " preceding the Completion
Date. " in clause 23(10)(b) and replacing them with " preceding the Completion
Date; and ";
(c) by inserting after clause 23(10)(b) the
following clause:
"(c) on and from 24 December 2023, $12,000,000.00
or an alternative amount pursuant to a notice issued under clause 23(13),
subject to clauses 23(15) and (16)."; and
(d) by adding the following clauses:
"(13) The Minister may, with prospective effect
from an Anniversary Date at any time after 24 December 2023 and having regard
to the reasonable costs and expenses of the Commission in exercising its
functions in relation to the Casino, review the Annual Specified Amount by not
less than 12 weeks' notice to the Trustee specifying an alternative Annual
Specified Amount, the Anniversary Date on and from which such alternative
Annual Specified Amount is payable, and the reasons for specifying an
alternative Annual Specified Amount.
(14) If the Minister issues a notice under clause
23(13) (“ ASA Notice ”), then the Annual Specified Amount will be
the amount specified in the ASA Notice and will apply on and from the
Anniversary Date specified in the ASA Notice.
(15) If a dispute shall arise between the Minister
and the Trustee as to whether the amount specified in an ASA Notice under
clause 23(13) is reasonable having regard to the costs and expenses of the
Commission in exercising its functions in relation to the Casino, such dispute
shall be referred to arbitration in accordance with clause 33 provided that,
pending the determination upon such reference, the amount specified in the ASA
Notice shall be the Annual Specified Amount for the purposes of clause
23(1)(b), provided further that if the dispute is decided in favour of the
Trustee the State shall as soon as practicable cause to be repaid to the
Trustee any portion of such amount so decided.
(16) The Annual Specified Amount is escalated on
each Anniversary Date in respect of which an ASA Notice has not been given by
the percentage by which the CPI last published prior to such Anniversary Date
has increased over the CPI last published prior to the later of 24 December
2023, or the last ASA Notice.
(17) To give effect to the parties' agreement that
the Annual Specified Amount specified in clause 23(10)(c) takes effect from 24
December 2023, if an amount has been paid by the Trustee under clause 23(1)(b)
for the period commencing 24 December 2023, then the Trustee must pay to the
Commission the difference between that amount and the amount that would have
been payable if clause 23(10)(c) was inserted into this Agreement on 24
December 2023. The difference is payable at the same time and in the same
manner as the next quarterly instalment is due under clause 23(1)(b). "
4. Clause 33 amended
Clause 33 of the State Agreement is amended:
(a) in clause 33(1) by:
(i) deleting " their umpire " and substituting " a
third and presiding arbitrator "; and
(ii) deleting " Arbitration Act 1895 " and
substituting " Commercial Arbitration Act 2012 "; and
(b) in clause 33(3) by deleting the words " or
umpire (as the case may be) ".
5. Clause 36 amended
Clause 36 of the State Agreement is amended:
(a) in clause 36(b):
(i) by deleting the words "facsimile (to be
immediately confirmed by postal or hand delivery) or" ;
(ii) by deleting the notice details for the
Trustee and substituting the following:
"Burswood Nominees Ltd
C/- Crown Perth
Great Eastern Highway
Burswood WA 6100
Attention: Chief Executive Officer"; and
(iii) by deleting the notice details for the
Manager and substituting the following:
" Burswood Resort (Management) Limited
C/- Crown Perth
Great Eastern Highway
Burswood WA 6100
Attention: Chief Executive Officer"; and
(b) in clause 36(c):
(i) by deleting "facsimile (to be immediately
confirmed by postal or hand delivery) or" ;
(ii) by deleting the notice details for the
Minister and substituting the following:
"Dumas House
2 Havelock Street
West Perth WA 6005";
(iii) by deleting the notice details for the
Commission and substituting the following:
"Gaming and Wagering Commission
Gordon Stephenson House
Level 2, 140 William
Street
Perth WA 6000
Attention: Chairperson";
(iv) by deleting the words " if given or sent by
facsimile upon report of successful transmission to the correct facsimile
number or "; and
(v) by deleting the words " and or facsimile
number or advise a facsimile number ".
EXECUTED as a deed.
|
SIGNED by THE |
) | |
|
[Signature] ___________________ | |
[Signature] _____________________ |
|
Joseph
Quick | | |
|
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 of authorised person Director Alan Frank
McGregor | |
[Signature] ___________________ Company
Secretary Adam B
Simpson |
|
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] ___________________ Director Alan Frank
McGregor | |
[Signature] ___________________ Company
Secretary Adam B
Simpson |
[Schedule 18 inserted: No. 4 of 2024 s. 6.]
This is a compilation of the Casino (Burswood Island) Agreement Act 1985 and
includes amendments made by other written laws. For provisions that have come
into operation, and for information about any reprints, see the compilation
table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
9 of 1985 |
25 Mar 1985 |
25 Mar 1985 (see s. 2) | |
|
Acts Amendment (Casino Control) Act 1987 Pt. II |
44 of 1987 |
22 Sep 1987 |
13 Sep 1987 (see s. 2) |
|
Casino (Burswood Island) Agreement Amendment Act 1990 |
15 of 1990 |
31 Jul 1990 |
31 Jul 1990 (see s. 3) |
|
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Casino (Burswood Island) Agreement Amendment Act 1997 |
20 of 1997 |
4 Sep 1997 |
4 Sep 1997 (see s. 2) |
|
Casino (Burswood Island) Agreement Act 1985 Amendment Order 1998 (see Gazette
8 May 1998 p. 2390-6) |
8 May 1998 | ||
|
Reprint of the Casino (Burswood Island) Agreement Act 1985 as at 5 Apr 2002
| |||
|
Casino (Burswood Island) Agreement Amendment Act 2003 |
51 of 2003 |
2 Sep 2003 |
2 Sep 2003 (see s. 2) |
|
Planning and Development (Consequential and Transitional Provisions) Act 2005
s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) |
|
Casino (Burswood Island) Agreement Amendment Order 2006 (see Gazette 4 Jul
2006 p. 2467-71) |
4 Jul 2006 | ||
|
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 19 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Casino (Burswood Island) Agreement Amendment Order 2007 (see Gazette 12 Jun
2007 p. 2731-5) |
12 Jun 2007 | ||
|
Reprint 2: The Casino (Burswood Island) Agreement Act 1985 as at 1 Feb 2008
| |||
|
Casino (Burswood Island) Agreement Amendment Act 2008 |
17 of 2008 |
16 Apr 2008 |
s. 1 and 2: 16 Apr 2008 (see s. 2(a)); |
|
Standardisation of Formatting Act 2010 s. 4 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
|
Casino (Burswood Island) Agreement Amendment Act 2011 Pt. 2 |
25 of 2011 |
11 Jul 2011 |
12 Jul 2011 (see s. 2(b)) |
|
Casino (Burswood Island) Agreement Amendment Order 2015 (see Gazette 28 Jul
2015 p. 3084-8) |
cl. 1 and 2: 28 Jul 2015 (see cl. 2(a)); | ||
|
Reprint 3: The Casino (Burswood Island) Agreement Act 1985 as at 12 Aug 2016
(includes amendments listed above) | |||
|
Casino (Burswood Island) Agreement Amendment Order 2017 (see Gazette 11 Jul
2017 p. 3834-8) |
cl. 1 and 2: 11 Jul 2017 (see cl. 2(a)); | ||
|
TAB (Disposal) Act 2019 Pt. 7 |
21 of 2019 |
18 Sep 2019 |
19 Sep 2019 (see s. 2(c)) |
|
Casino (Burswood Island) Agreement Amendment Order 2023 (SL 2023/192) |
cl. 1 and 2: 13 Dec 2023 (see cl. 2(a)) | ||
|
Casino (Burswood Island) Agreement Amendment Act 2024 |
4 of 2024 |
14 Mar 2024 |
s. 1 and 2: 14 Mar 2024 (see s. 2(a)); |
1 Footnote no longer applicable.
2 The Liquor Licensing (Moratorium) Act 1983
expired on 31 December 1986.
3 The Liquor Act 1970 was repealed by the Liquor
Licensing Act 1988 which is now known as the Liquor Control Act 1988 .
4 Lands and Surveys and Department of Land
Administration plans and surveys are now being held by the Western Australian
Land Information Authority (see the Land Information Authority Act 2006 s.
100).
5 The Local Government Act 1960 s. 248 was
repealed by the Local Government Act 1995 s. 9.70.
6 The Town Planning and Development Act 1928 was
repealed by the Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 4.
7 On the date as at which this compilation was
prepared the title of the Minister responsible for land administration was the
Minister for Planning and Infrastructure.
8 The Land Act 1933 was repealed by the Land
Administration Act 1997 .
9 The page number index to the Agreement set out
in Schedule 1 does not reflect the relevant page numbers of this compilation.
10 Marginal notes in the agreements have been
represented as bold headnotes in this compilation but that does not change
their status as marginal notes .
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
Agreement
3
approved company 11(1)
Commission
11(1)
Eighth Supplementary Agreement
3
Eleventh Supplementary Agreement 3
entrenched provisions 10(3)
Fifteenth
Supplementary Agreement 3
Metropolitan Region
Scheme 7(4)
Minister for Lands and Surveys
8(5)
probity approval notice
11(1)
Resort Lands 3
Resort Site
7(4)
Second Supplementary Agreement
3
Seventeenth Supplementary Agreement 3
Seventh
Supplementary Agreement 3
Site
7(4)
street 8(5)
Supplementary
Agreement 3
Surveyor General
8(5)
Twelfth Supplementary Agreement 3
© State of Western Australia 2024
.
This work is licensed under a Creative Commons Attribution 4.0 International
Licence (CC BY 4.0). To view relevant information and for a link to a copy of
the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2024
.
By Authority: GEOFF O. LAWN, Government Printer