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This is a Bill, not an Act. For current law, see the Acts databases.


CASINO CONTROL (AMENDMENT) BILL 2005

                 PARLIAMENT OF VICTORIA

          Casino Control (Amendment) Act 2005
                                   Act No.


                       TABLE OF PROVISIONS
Clause                                                                  Page

PART 1--PRELIMINARY                                                        1
  1.     Purpose                                                           1
  2.     Commencement                                                      2

PART 2--AMENDMENT OF THE CASINO CONTROL ACT 1991                           3
  3.     Periodic investigations of casino operator                        3
  4.     Functions of the Commission                                       4
  5.     Variation of agreements entered into before 19 June 2002          4
  6.     New section 170 inserted                                          5
         170.     Transitional provisions--Casino Control
                  (Amendment) Act 2005                                     5
  7.     Statute law revision                                              5

PART 3--AMENDMENT OF THE CASINO (MANAGEMENT
AGREEMENT) ACT 1993                                                        6
  8.     Definitions                                                       6
  9.     Insertion of new section 6H                                       6
         6H.      Ratification of the eighth Deed of Variation             6
  10.    Amendment of section 7                                            7
  11.    Insertion of Schedule 9                                           7
         SCHEDULE 9--Eighth Deed Of Variation To The
                     Management Agreement                                  7
  12.    Statute law revision                                             10
                            

ENDNOTES                                                                  11




                                       i
551286B.I1-19/7/2005                           BILL LA INTRODUCTION 19/7/2005

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Casino Control Act 1991 and the Casino (Management Agreement) Act 1993 and for other purposes. Casino Control (Amendment) Act 2005 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to amend the Casino Control Act 1991 and the Casino (Management Agreement) Act 1993-- 5 (a) to vary the interval for the periodic review of a casino operator; 1 551286B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005

 


 

Casino Control (Amendment) Act 2005 Act No. Part 1--Preliminary s. 2 (b) to vary the matters that the Victorian Commission for Gambling Regulation must consider in the periodic review of a casino operator; (c) to provide for amendment or variation of 5 certain agreements; (d) to ratify an eighth Deed of Variation to the management agreement for the Melbourne Casino; (e) to make minor amendments of a statute law 10 revision nature. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ 2 551286B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005

 


 

Casino Control (Amendment) Act 2005 Act No. Part 2--Amendment of the Casino Control Act 1991 s. 3 See: PART 2--AMENDMENT OF THE CASINO CONTROL Act No. ACT 1991 47/1991. Reprint No. 6 as at 3. Periodic investigations of casino operator 1 July 2004 and (1) For section 25(1) of the Casino Control Act 1991 amending substitute-- 5 Act Nos 33/2004, "(1) Not later than 3 years after the 104/2004 and 108/2004. commencement of operations in a casino, LawToday: and thereafter at intervals not exceeding www.dms. dpc.vic. 5 years, the Commission must investigate gov.au and form an opinion as to each of the 10 following matters-- (a) whether or not the casino operator is a suitable person to continue to hold the casino licence; (b) whether or not the casino operator is 15 complying with this Act, the Casino (Management Agreement) Act 1993, the Gambling Regulation Act 2003 and the regulations made under any of those Acts; 20 (c) in the case of the Melbourne Casino Operator, whether or not the casino operator is complying with-- (i) the transaction documents; and (ii) any other agreements between the 25 Melbourne Casino Operator and the State, or a body representing the State, that impose obligations on the casino operator in relation to gaming; 30 (d) whether or not it is in the public interest that the casino licence should continue in force.". 3 551286B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005

 


 

Casino Control (Amendment) Act 2005 Act No. Part 2--Amendment of the Casino Control Act 1991 s. 4 (2) After section 25(1) of the Casino Control Act 1991 insert-- '(1A) In sub-section (1)-- "Melbourne Casino Operator" has the same meaning as in the Casino 5 (Management Agreement) Act 1993; "transaction documents" means Transaction Document as defined in the Agreement within the meaning of the Casino (Management Agreement) 10 Act 1993.'. 4. Functions of the Commission In section 141(2)(c) of the Casino Control Act 1991-- (a) in sub-paragraph (ix), for "request." 15 substitute "request;"; (b) after sub-paragraph (ix) insert-- "(x) investigating and reporting to the Minister on the matters referred to in section 25.". 20 5. Variation of agreements entered into before 19 June 2002 In section 142(4) of the Casino Control Act 1991, after "Authority" insert "or the Commission". 25 4 551286B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005

 


 

Casino Control (Amendment) Act 2005 Act No. Part 2--Amendment of the Casino Control Act 1991 s. 6 6. New section 170 inserted Before the Schedules to the Casino Control Act 1991 insert-- "170. Transitional provisions--Casino Control (Amendment) Act 2005 5 (1) The first investigation under section 25 conducted after the commencement of the Casino Control (Amendment) Act 2005 must be conducted not later than 5 years after the last investigation under that section 10 as in force before the commencement of that Act. (2) Section 25 as amended by the Casino Control (Amendment) Act 2005 applies to every investigation and report conducted on 15 or after the commencement of that Act, regardless of whether the period of investigation commenced before the commencement of that Act.". 7. Statute law revision 20 In section 58(2) of the Casino Control Act 1991, for-- "must-- (a) be conducted" substitute "must be conducted". 25 __________________ 5 551286B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005

 


 

Casino Control (Amendment) Act 2005 Act No. Part 3--Amendment of the Casino (Management Agreement) Act 1993 s. 8 See: PART 3--AMENDMENT OF THE CASINO (MANAGEMENT Act No. AGREEMENT) ACT 1993 94/1993. Reprint No. 3 as at 8. Definitions 17 May 2000 and In section 4 of the Casino (Management amending Agreement) Act 1993-- 5 Act Nos 22/2002 and (a) in the definition of "the Agreement", after 114/2003. LawToday: "seventh Deed of Variation" insert "and the www.dms. eighth Deed of Variation"; dpc.vic. gov.au (b) in the definition of "the seventh Deed of Variation", for "Schedule 8." substitute 10 "Schedule 8;"; (c) after the definition of "the seventh Deed of Variation" insert-- ' "the eighth Deed of Variation" means the deed of variation to the management 15 agreement for the Melbourne Casino Project, a copy of which is set out in Schedule 9.'. 9. Insertion of new section 6H After section 6G of the Casino (Management 20 Agreement) Act 1993 insert-- "6H. Ratification of the eighth Deed of Variation (1) The eighth Deed of Variation is ratified and takes effect as if it had been enacted in this 25 Act. (2) The Agreement is amended as provided in the eighth Deed of Variation. 6 551286B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005

 


 

Casino Control (Amendment) Act 2005 Act No. Part 3--Amendment of the Casino (Management Agreement) Act 1993 s. 10 (3) A reference in clause 2.2 of the eighth Deed of Variation to the coming into operation of the Bill is deemed to be a reference to the commencement of the Casino Control (Amendment) Act 2005.". 5 10. Amendment of section 7 In section 7(2) of the Casino (Management Agreement) Act 1993, after "6G(1)" insert "or 6H(1)". 11. Insertion of Schedule 9 10 After Schedule 8 to the Casino (Management Agreement) Act 1993 insert-- "__________________ SCHEDULE 9 EIGHTH DEED OF VARIATION TO THE MANAGEMENT 15 AGREEMENT MELBOURNE CASINO PROJECT DEED dated 8th July 2005 BETWEEN THE HONOURABLE JOHN PANDAZOPOULOS MP, the Minister of the Crown for the time being 20 administering the Casino Control Act 1991 acting for and on behalf of the State of Victoria ('State') AND CROWN LIMITED ACN 006 973 262 with its registered office at 8 Whiteman Street, Southbank, Victoria ('Company') 25 RECITALS A. The State and the Company entered into an agreement dated 20 September 1993 ratified by and scheduled to the Casino (Management Agreement) Act 1993 ('Management Agreement'). 7 551286B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005

 


 

Casino Control (Amendment) Act 2005 Act No. Part 3--Amendment of the Casino (Management Agreement) Act 1993 s. 11 B. The Management Agreement has been varied by: (a) a deed of variation dated 14 November 1994 ratified by and scheduled to the Casino (Management Agreement) (Amendment) Act 1994 and inserted as Schedule 2 to the 5 Casino (Management Agreement) Act 1993; (b) a deed of variation dated 12 October 1995 ratified by and scheduled to the Casino (Management Agreement) (Further Amendment) Act 1995 and inserted as Schedule 3 to the Casino (Management Agreement) Act 1993; 10 (c) a deed of variation dated 3 June 1996 ratified by the Gaming Acts (Amendment) Act 1996 and inserted as Schedule 4 to the Casino (Management Agreement) Act 1993; (d) a deed of variation dated 7 November 1996 ratified by the Casino (Management Agreement) (Amendment) Act 1996 and 15 inserted as Schedule 5 to the Casino (Management Agreement) Act 1993; (e) a deed of variation dated 1 October 1998 ratified by the Gaming Acts (Further Amendment) Act 1998 and inserted as Schedule 6 to the Casino (Management Agreement) Act 1993; 20 (f) a deed of variation dated 3 April 2000 ratified by the National Taxation Reform (Further Consequential Provisions) Act 2000 and inserted as Schedule 7 to the Casino (Management Agreement) Act 1993; (g) a deed of variation dated 7 May 2002 ratified by the Casino 25 (Management Agreement) (Amendment) Act 2002 and inserted as Schedule 8 to the Casino (Management Agreement) Act 1993. C. The parties have agreed to further vary the Management Agreement as provided in this Deed of Variation. 30 AGREEMENT 1. Definitions Unless the context otherwise requires or the contrary intention appears, terms defined in the Casino Control Act 1991 or the Management Agreement have the same meaning when used in this 35 Deed. 8 551286B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005

 


 

Casino Control (Amendment) Act 2005 Act No. Part 3--Amendment of the Casino (Management Agreement) Act 1993 s. 11 2. Ratification and operation of provisions 2.1 A Minister of the State must introduce and sponsor a Bill in the Parliament of Victoria to ratify this Deed as soon as reasonably practicable after its execution. 5 2.2 This Deed shall come into operation once the Bill referred to in clause 2.1 has come into operation as an Act. 3. Variation of Management Agreement The State and the Company agree to vary the Management Agreement so that:-- 10 (a) clause 41.2(e) shall be deleted; (b) clause 2 shall be varied by: (i) inserting the following definitions: "Deed of Undertaking and Guarantee" means the Deed of Undertaking and Guarantee as defined in 15 the Casino Agreement; "Supplemental Casino Agreement" means the Supplemental Casino Agreement as defined in the Casino Agreement; and (ii) amending the definition of "Transaction Document" by 20 substituting the words ", the Supplemental Operations Agreement, the Deed of Undertaking and Guarantee and the Supplemental Casino Agreement" for the words "and the Supplemental Operations Agreement"; and (c) clause 5.1(a)(i) shall be varied by substituting the words ", the 25 Bank Guarantees, the Deed of Undertaking and Guarantee and the Supplemental Casino Agreement" for the words "and the Bank Guarantees". 4. Force Majeure Event None of the negotiation, preparation and execution of this Deed, its 30 ratification under clause 2 or any of the circumstances relating to or giving rise to the creation of this Deed has or will cause or create any Government Action, Force Majeure Event or breach of obligation under any Transaction Document and the Company and the State so acknowledge. 35 5. Confirmation of other terms The parties acknowledge and confirm that except as varied by this Deed the terms and conditions of the Management Agreement remain in full force and effect. 9 551286B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005

 


 

Casino Control (Amendment) Act 2005 Act No. Part 3--Amendment of the Casino (Management Agreement) Act 1993 s. 12 6. Entire Agreement This Deed is the entire agreement between the parties concerning the subject matter and replaces all previous representations, communications and agreements on the subject matter. 5 7. General provisions Clauses 33 and 35 to 40 (inclusive) of the Management Agreement apply to this Deed as if expressly included in this Deed. EXECUTED as a Deed. SIGNED SEALED AND DELIVERED by THE HONOURABLE JOHN PANDAZOPOULOS MP (Signature) Minister for Gaming for and on behalf JOHN PANDAZOPOULOS of the State of Victoria in the presence of: JAMES CLAVEN (signature) Name of witness THE COMMON SEAL of CROWN LIMITED is affixed in L.S. accordance with its articles of association in the presence of: (Signature) .............................................................. Name ROBERT TURNER Secretary (Signature) .............................................................. Name ROWEN CRAIGIE Director" 12. Statute law revision Insert the following heading to section 8 of the 10 Casino (Management Agreement) Act 1993-- "Powers of Victorian Commission for Gambling Regulation". 10 551286B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005

 


 

Casino Control (Amendment) Act 2005 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 11 551286B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005

 


 

 


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