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CASINO (MANAGEMENT AGREEMENT) ACT 1993 - SECT 7CA

Variation of Agreement—taxation

    (1)     Despite anything to the contrary in this Act or the Agreement—

        (a)     the Agreement is varied on the commencement of this section by deleting clauses 22.1(b) and (d), 22.2, 22.3, 22.4, 22.5, 22.6, 22.7 and 22A; and

        (b)     clauses 22.1(b) and (d), 22.2, 22.3, 22.4, 22.5, 22.6, 22.7 and 22A of the Agreement, as they take effect under sections 6, 6B, 6I and 6J (as the case requires), are repealed on the commencement of this section.

    (2)     On and after the commencement of this section, the State has, and can have, no liability to any person, whether under clause 4 of the Agreement or otherwise, that is or would be in respect of any cost, loss or damage incurred directly or indirectly as a result of, or arising out of—

        (a)     the enactment of section 64 of the Gambling Taxation Act 2023 ; or

        (b)     the variation of the Agreement by subsection (1)(a) and the amendments made by subsection (1)(b).

    (3)     In this section—

"State" includes—

        (a)     State within the meaning of section 38 of the Interpretation of Legislation Act 1984 ; and

        (b)     a Minister; and

        (c)     the Commission; and

        (d)     a public sector employee within the meaning of the Public Administration Act 2004 ; and

        (e)     an agent, representative, advisor, consultant or contractor or a person referred to in paragraph (a), (b), (c) or (d).

Note

Section 38 of the Interpretation of Legislation Act 1984 defines State as the State of Victoria.

S. 7D inserted by No. 42/2022 s. 49.



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