Western Australian Current Acts Western Australian Current Acts[s. 3A]
[Heading amended: No. 19 of 2010 s. 4.]
CASINO (BURSWOOD ISLAND) AGREEMENT
THIRD SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made the 13th day of November 1991
B E T W E E N :
THE HONOURABLE PAMELA ANNE BEGGS, J.P., M.L.A., 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”) of the first part;
AND
PERPETUAL TRUSTEES W.A. LTD. (ACN 008 666 886) of 89 St. Georges Terrace Perth
in the State of Western Australia as trustee of the Burswood Property Trust
(“the Trustee”) of the second part;
AND
BURSWOOD RESORT (MANAGEMENT) LIMITED (ACN 009 396 945) of 40 The Esplanade
Perth in the State of Western Australia as manager of the Burswood Property
Trust (“the Manager”) of the third part.
WHEREAS:
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 agreements dated 20 February 1985, 14 September 1987 and 3 May 1990
ratified by and scheduled to the Casino (Burswood Island) Agreement Act 1985
(the 20 February 1985 agreement as supplemented and amended by the 14
September 1987 and 3 May 1990 agreements “the Principal
Agreement”).
B. The parties have agreed subject as hereinafter
provided to amend the Principal Agreement pursuant to clause 5 for the purpose
of more efficiently or satisfactorily implementing or facilitating certain of
its objectives.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. Words and expressions defined in the Principal
Agreement when used in this Agreement have, unless the context otherwise
requires, the same meanings as in the Principal Agreement and the provisions
of clause 2 of the Principal Agreement as to the interpretation thereof shall
apply to this Agreement.
2. (1) This Agreement,
if not disallowed pursuant to clause 5 of the Principal Agreement, has effect
from and after the date on which in accordance with that clause it has effect.
(2) As between the
parties to this Agreement a certificate signed by the Minister as to the date
on and from which this Agreement has effect shall be conclusive.
3. (1) Subject to
sub-clause (2) the Principal Agreement is amended:-
(a) by
adding at the end of clause 17(2) the following:-
“Provided that for the purposes of paragraph (1) of clause 17(l) of this
Agreement a person shall be taken not to be entitled to Units by reason only
that the entitlement arises as a result of the person acting as trustee,
manager or custodian of a superannuation fund, a trust constituted for the
purpose of investment in securities or funds or moneys held or managed for the
purpose of investment in securities where more than 80% of the beneficiaries
of each such superannuation fund, trust, fund or moneys are not Foreign
Persons.”
(b) by
adding the following paragraph to clause 22(5):-
“(c) prevent the
State from permitting the playing of the game known as “two-up” on
Anzac Day as defined in section 3 of the Anzac Day Act 1960 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.”
(2) The amendment to
the Principal Agreement made by paragraph (a) of sub-clause (1) takes effect
on and from the date on which, with the approval required by clause 17(l)(d)
of the Principal Agreement, an amendment to the Trust Deed in the same terms
takes effect.
AS WITNESS the execution of this Agreement by or on behalf of the parties
hereto the day and year first hereinbefore written.
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SIGNED by THE HONOURABLE PAMELA ANNE BEGGS, J.P., M.L.A., for and on behalf of
the State of Western Australia in the presence of: A J Secker CT 6217 |
) |
Pam Beggs |
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SIGNED by PERPETUAL TRUSTEES WA. LTD. by it’s Attorney who state they
have no notice of revocation of the Power of Attorney dated 5 February 1990
under which this Agreement is signed. |
) |
George Butcher |
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THE COMMON SEAL of) BURSWOOD RESORT (MANAGEMENT) LIMITED was hereunto affixed
by authority of the Board of Directors in the presence of: Bill Martin Director Yew Seng Kwa Secretary |
) |
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[Schedule 5 inserted: Gazette 8 May 1998 p.
2390-2.]