Western Australian Current Acts Western Australian Current Acts[s. 3A]
[Heading amended: No. 19 of 2010 s. 4.]
CASINO (BURSWOOD ISLAND) AGREEMENT
FOURTH SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made the 30th day of March 1992
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 inter alia 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. By an agreement made on 13 November 1991
between the State, the Trustee and the Manager (“the Third Supplementary
Agreement”) the Principal Agreement was, pursuant to clause 5 thereof,
further supplemented and amended.
C. Pursuant to clause 5(3) of the Principal
Agreement, the Third Supplementary Agreement, subject to its terms, has effect
from and after 19 March 1992.
D. By reason of clause 3(2) of the Third
Supplementary Agreement the amendment to The Principal Agreement made by
paragraph (a) of clause 3(l) of the Third Supplementary Agreement has not, as
at the date hereof, taken effect.
E. The parties have agreed that certain of the
objectives of the Principal Agreement would be more efficiently or
satisfactorily implemented or facilitated otherwise than as contemplated by
paragraph (a) of clause 3(l) of the Third Supplementary Agreement and
accordingly have further agreed that the Principal Agreement, as amended by
the effective provisions of the Third Supplementary Agreement (the Principal
Agreement as so amended “the Amended Principal Agreement”),
should, subject as hereinafter provided, be amended pursuant to clause 5 of
the Amended Principal Agreement as provided in this Agreement.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. Words and expressions defined in the Amended
Principal Agreement when used in this Agreement have, unless the context
otherwise requires, the same meanings as in the Amended Principal Agreement
and the provisions of clause 2 of the Amended 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 Amended 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 Amended Principal Agreement is further amended by adding at
the end of clause 17(2) the following proviso in lieu of the proviso
contemplated by paragraph (a) of clause 3(l) of the Third Supplementary
Agreement —
“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 —
(i)
more than 80% of the beneficiaries of each such
superannuation fund, trust, fund or moneys are not Foreign Persons; and
(ii)
more than 80% of the beneficial entitlement to each such
superannuation fund, trust, fund or moneys is held by persons who are not
Foreign Persons.”
(2) The amendment to
the Amended Principal Agreement made by sub-clause (1) takes effect on and
from the date on which, with the approval required by clause 17(l)(d) of the
Amended 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: M J Egan CT 7847 |
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Pam Beggs |
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SIGNED by PERPETUAL TRUSTEES W.A. LTD. by its duly appointed Attorneys who
state they have no notice of revocation of the Power of Attorney dated 5
February 1990 under which this Agreement is signed. |
) |
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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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C.S. |
[Schedule 6 inserted: Gazette 8 May 1998 p.
2392-3.]