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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Casino (Burswood Island) Agreement Amendment Bill 2011 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Casino (Burswood Island) Agreement Act 1985 amended 3. Act amended 3 4. Section 3 amended 3 5. Section 4F inserted 4 4F. Twelfth Supplementary Agreement ratified and implementation authorised 4 6. Schedule 13 inserted 4 Schedule 13 -- Twelfth Supplementary Agreement Part 3 -- Gaming and Wagering Commission Act 1987 amended 7. Act amended 14 8. Section 46 amended 14 9. Section 80 amended 14 10. Section 81 amended 14 11. Section 85 amended 14 208--1 page i Western Australia LEGISLATIVE ASSEMBLY Casino (Burswood Island) Agreement Amendment Bill 2011 A Bill for An Act to amend the Casino (Burswood Island) Agreement Act 1985 and, consequentially, the Gaming and Wagering Commission Act 1987. The Parliament of Western Australia enacts as follows: page 1 Casino (Burswood Island) Agreement Amendment Bill 2011 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Casino (Burswood Island) Agreement Amendment 4 Act 2011. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) sections 1 and 2 -- on the day on which this Act 8 receives the Royal Assent; 9 (b) the rest of the Act -- on the day after that day. page 2 Casino (Burswood Island) Agreement Amendment Bill 2011 Casino (Burswood Island) Agreement Act 1985 amended Part 2 s. 3 1 Part 2 -- Casino (Burswood Island) Agreement 2 Act 1985 amended 3 3. Act amended 4 This Part amends the Casino (Burswood Island) Agreement 5 Act 1985. 6 4. Section 3 amended 7 (1) In section 3 insert in alphabetical order: 8 9 the Twelfth Supplementary Agreement means the 10 Twelfth Supplementary Agreement, a copy of which is 11 set out in Schedule 13. 12 13 (2) In section 3 in the definition of the Agreement after 14 paragraph (b)(v) insert: 15 16 and 17 (vi) the Twelfth Supplementary Agreement; 18 19 (3) In section 3 in the definition of the Supplementary Agreement 20 delete "Schedule 2." and insert: 21 22 Schedule 2; 23 page 3 Casino (Burswood Island) Agreement Amendment Bill 2011 Part 2 Casino (Burswood Island) Agreement Act 1985 amended s. 5 1 5. Section 4F inserted 2 After section 4E insert: 3 4 4F. Twelfth Supplementary Agreement ratified and 5 implementation authorised 6 (1) The Twelfth Supplementary Agreement is ratified and 7 its implementation is authorised. 8 (2) Without limiting or otherwise affecting the application 9 of the Government Agreements Act 1979, the Twelfth 10 Supplementary Agreement is to operate and take effect 11 despite any other Act or law. 12 13 6. Schedule 13 inserted 14 After Schedule 12 insert: 15 16 Schedule 13 -- Twelfth Supplementary Agreement 17 [s. 3] 18 Casino (Burswood Island) Agreement 19 TWELFTH SUPPLEMENTARY AGREEMENT 20 THIS AGREEMENT made 12th day of May 2011 21 B E T W E E N: 22 THE HONOURABLE TERRENCE WALDRON MLA, the Minister of the 23 Crown for the time being charged with the administration of the Control Act 24 acting for and on behalf of the State of Western Australia and its 25 instrumentalities from time to time ("the State") 26 AND 27 BURSWOOD NOMINEES LIMITED (ACN 078 250 307) of Burswood 28 Entertainment Complex, Great Eastern Highway, Burswood in the State of 29 Western Australia as trustee of the Burswood Property Trust ("the Trustee") page 4 Casino (Burswood Island) Agreement Amendment Bill 2011 Casino (Burswood Island) Agreement Act 1985 amended Part 2 s. 6 1 AND 2 BURSWOOD RESORT (MANAGEMENT) LIMITED (ACN 009 396 945) 3 of Burswood Entertainment Complex, Great Eastern Highway, Burswood in the 4 State of Western Australia as manager of the Burswood Property Trust ("the 5 Manager"). 6 RECITALS: 7 A. The State, the Trustee (by virtue of the West Australian Trustees 8 Limited (Merger) Act 1989) and the Manager (by virtue of a deed of 9 retirement and appointment of manager made on 13 August 1990 and a 10 deed of assumption and covenant made on 13 November 1991) are 11 parties to an agreement dated 20 February 1985 ratified by and 12 scheduled to the Casino (Burswood Island) Agreement Act 1985 as 13 amended by: 14 (a) the Supplementary Agreement made on 14 September 1987; 15 (b) the Second Supplementary Agreement made on 3 May 1990; 16 (c) the Third Supplementary Agreement made on 13 November 1991; 17 (d) the Fourth Supplementary Agreement made on 30 March 1992; 18 (e) the Fifth Supplementary Agreement made on 3 April 1995; 19 (f) the Sixth Supplementary Agreement made on 22 June 1996; 20 (g) the Seventh Supplementary Agreement made on 9 June 1997; 21 (h) the Eighth Supplementary Agreement made on 18 June 2003; 22 (i) the Ninth Supplementary Agreement made on 23 November 2005; 23 (j) the Tenth Supplementary Agreement made on 2 November 2006; 24 and 25 (k) the Eleventh Supplementary Agreement made on 28 March 2007, 26 which agreement as so amended is referred to in this Agreement as "the 27 State Agreement". 28 B. The parties have agreed to further amend the State Agreement for the 29 purpose of more efficiently or satisfactorily implementing or facilitating 30 its objectives. page 5 Casino (Burswood Island) Agreement Amendment Bill 2011 Part 2 Casino (Burswood Island) Agreement Act 1985 amended s. 6 1 THE PARTIES AGREE AS FOLLOWS: 2 1. Definitions and Interpretation 3 Words and expressions defined in the State Agreement when used in 4 this Agreement have, unless the context otherwise requires, the same 5 meanings as in the State Agreement and the provisions of clause 2 of 6 the State Agreement as to interpretation apply to this Agreement. 7 2. Variation and Operation 8 (a) The State shall introduce and sponsor a Bill in the Parliament of 9 Western Australia to ratify this Agreement and endeavour to 10 secure its passage as an Act. 11 (b) The provisions of this Agreement other than this clause and 12 clause 1 shall not come into operation until the Bill referred to 13 in subclause (a) has been passed by the Parliament of Western 14 Australia and comes into operation as an Act. 15 (c) On the said Bill commencing to operate as an Act, this 16 Agreement shall operate and take effect according to its terms 17 notwithstanding the provisions of any Act or law of Western 18 Australia. 19 3. Clause 2 amended 20 Clause 2 of the State Agreement is amended:- 21 (a) by amending the definition of "Casino Tax" by inserting after 22 the words "Table Game Tax" the words: ", the Fully Automated 23 Table Game Tax"; 24 (b) by amending the definition of "Casino Tax Activity" by 25 inserting after the words "Table Game" the words ", Fully 26 Automated Table Game"; 27 (c) by inserting after the definition of "Crown" the following 28 definition:- 29 "Cruise Ship" means any vessel that: 30 (a) has a minimum capacity of 100 passengers; 31 (b) is conducting a scheduled deep water cruise; and page 6 Casino (Burswood Island) Agreement Amendment Bill 2011 Casino (Burswood Island) Agreement Act 1985 amended Part 2 s. 6 1 (c) is transiting through Western Australian ports from and 2 to locations overseas or interstate;" 3 (d) by amending the definition of "Electronic Gaming Machine" by 4 inserting the words "or Fully Automated Table Game", after the 5 words "not a Table Game;" 6 (e) by deleting the definition of "Electronic Gaming Machine 7 Levy" and substituting the following:- 8 ""Electronic Gaming Machine Levy" means, for the purpose 9 of subparagraph 23(1)(c)(ii)(D), the percentage of Casino 10 Taxable Revenue for Electronic Gaming Machines set out in 11 column 2 of the table in item 1 of schedule F;" 12 (f) by inserting after the definition of "Founders" the following 13 definition:- 14 ""Fully Automated Table Game" means any new game which 15 is authorised under section 22 of the Control Act and which the 16 Gaming and Wagering Commission, by notice to the Trustee, 17 specifies to be a Fully Automated Table Game;" 18 (g) by inserting after the definition of "Fully Automated Table 19 Game" the following definition:- 20 ""Fully Automated Table Game Tax" means the tax set out in 21 the Fully Automated Table Game Tax table in Schedule C." 22 (h) by inserting after the definition of "Genting WA" the following 23 definition: 24 ""Heirisson Island Sculpture Park Project" means the State 25 Government of Western Australia's proposal to enhance 26 Heirisson Island environmentally and artistically through 27 environmental protection and conservation and through the 28 display of sculptural artworks as set out in the Heirisson Island 29 Sculpture Park Master Plan Report dated 9 June 2008." 30 4. Clause 22 amended 31 Clause 22 of the State Agreement is amended by:- 32 (a) deleting the word "or" from subclause 4(a); 33 (b) inserting "; or" after the word "Resort Complex" in 34 subclause 4(b); page 7 Casino (Burswood Island) Agreement Amendment Bill 2011 Part 2 Casino (Burswood Island) Agreement Act 1985 amended s. 6 1 (c) inserting after subclause (4)(b) the following new clause :- 2 "(c) in a Cruise Ship in respect of which the conduct of 3 gaming outside a distance of 12 nautical miles from 4 the Western Australian baseline is permitted: 5 (i) under regulation 8A of the Gaming and 6 Wagering Commission Regulations 1988; or 7 (ii) by a permit issued by the Commission under 8 the Gaming and Wagering Commission 9 Act 1987 and with the consent of the Trustee,"; 10 (d) amending subclause (5)(a) by deleting the number "200" and 11 replacing it with "100". 12 (e) deleting subclause (5)(c) and substituting the following clause:- 13 "(c) prevent the State permitting the playing of the game 14 known as "two-up" on Anzac Day as defined in 15 section 3 of the Anzac Day Act 1960: 16 (i) in premises in any part of the State of The 17 Returned and Services League of Australia, 18 W.A. Branch, Incorporated or of any of its 19 affiliated sub branches and normally used for 20 social functions or activities of members of any 21 such organisation; or 22 (ii) at events or in premises that the Minister is 23 satisfied are sufficiently connected to the 24 celebration of Anzac Day;"; 25 (f) inserting after subclause 5(c) the following new clause:- 26 "(d) prevent the State permitting under section 48 of the 27 Gaming and Wagering Commission Act 1987 the 28 playing of the game known as "two-up" in any racing 29 club as defined in section 3 of the Racing and 30 Wagering Western Australia Act 2003 that is: 31 (i) registered with "Racing and Wagering Western 32 Australia" under the Racing and Wagering 33 Western Australia Act 2003; and page 8 Casino (Burswood Island) Agreement Amendment Bill 2011 Casino (Burswood Island) Agreement Act 1985 amended Part 2 s. 6 1 (ii) within a radius in any direction of 100 kilometres 2 of the Burswood Casino, 3 provided that the Trustee consents to the playing of 4 "two up" in the racing club.". 5 5. Clause 23 amended 6 Clause 23 of the State Agreement is amended by:- 7 (a) deleting subclause (1)(c) and substituting the following:- 8 "(c) subject to subclause 23(2), to the Board in respect of 9 each and every month an amount equal to the greater 10 of: 11 (i) $83,334; or 12 (ii) the aggregate of: 13 (A) one per centum (1%) of Casino Taxable 14 Revenue for Table Games for the month; 15 (B) one per centum (1%) of Casino Taxable 16 Revenue for Fully Automated Table 17 Games for the month; and 18 (C) one per centum (1%) of Casino Taxable 19 Revenue for International Commission 20 Business for the month; and 21 (D) for each month during the period set out 22 in column 1 of the table in item 1 of 23 Schedule F, the Electronic Gaming 24 Machine Levy, 25 subject to item 2 of Schedule F, payment to be 26 made to the Board by monthly payments on, and 27 commencing on, the same dates as payments are 28 made to the Treasurer of the State pursuant to 29 paragraph (a)." page 9 Casino (Burswood Island) Agreement Amendment Bill 2011 Part 2 Casino (Burswood Island) Agreement Act 1985 amended s. 6 1 (b) by inserting immediately after subclause (1A) the following 2 subclause:- 3 "(1B) (a) The Board shall from money received under 4 clause 23(1)(c) pay the sum of $5,000,000 to 5 the Treasurer of the State for use in the 6 development of the Heirisson Island Sculpture 7 Park Project in such amounts (to a maximum of 8 $5,000,000) and in such times as determined by 9 the Minister. 10 (b) Payments made under subclause (1B)(a) shall 11 only be made within a period of five years 12 from, and including, the date of the Twelfth 13 Supplementary Agreement. 14 6. Schedule C amended 15 Schedule C of the State Agreement is amended by:- 16 (a) inserting the following table in Schedule C Item 1, after the 17 "Table Game Tax" table: 18 Fully Automated Table Game Tax Period Fully Automated Table Game Tax On and from 1 July 2011 22% of Casino Taxable Revenue for Fully Automated Table Games 19 (b) in the "Electronic Gaming Machine Tax" table in Schedule C 20 Item 1, below the row containing the words "20% of Casino 21 Taxable Revenue for Electronic Gaming Machines", inserting 22 the following rows:- On and from 1 July 2011 to 20.125% of Casino Taxable Revenue 30 June 2012 for Electronic Gaming Machines On and from 1 July 2012 to 20.25% of Casino Taxable Revenue 30 June 2013 for Electronic Gaming Machines On and from 1 July 2013 to 20.375% of Casino Taxable Revenue 30 June 2014 for Electronic Gaming Machines page 10 Casino (Burswood Island) Agreement Amendment Bill 2011 Casino (Burswood Island) Agreement Act 1985 amended Part 2 s. 6 On and from 1 July 2014 to 20.5% of Casino Taxable Revenue for 30 June 2015 Electronic Gaming Machines On and from 1 July 2015 20.625% of Casino Taxable Revenue for Electronic Gaming Machines 1 (c) by deleting Item 2 (2) in Schedule C and substituting the 2 following:- 3 "2 To give effect to the parties' agreement that the 4 Casino Tax Rates specified in this Schedule C take 5 effect from 1 July 2011: 6 (a) the Commission will determine the amount 7 equal to all of the Casino Taxes which would 8 have been payable for the period commencing 9 1 July 2011 and concluding on the last day of 10 the month within which this Agreement takes 11 effect, if this Agreement had taken effect on 12 1 July 2011; 13 (b) if the amount calculated under paragraph 2(a) 14 of this Item 2 is more than the actual amount 15 paid by the Trustee under clause 23(1)(a) of the 16 State Agreement for the period referred to in 17 paragraph 2(a), then the Trustee must pay the 18 difference between the two amounts to the 19 Treasurer at the same time and in the same 20 manner as the next monthly payment is due 21 under clause 23(1)(a); and 22 (c) if the amount calculated under paragraph 2(a) 23 of this Item 2 is less than the actual amount 24 paid by the Trustee under clause 23(1)(a) of the 25 State Agreement for the period referred to in 26 paragraph 2(a), then the difference between the 27 two amounts shall be set off against monthly 28 payments due under clause 23(1)(a) until it has 29 been set off in full." page 11 Casino (Burswood Island) Agreement Amendment Bill 2011 Part 2 Casino (Burswood Island) Agreement Act 1985 amended s. 6 1 AS WITNESS the execution of this Agreement by or on behalf of the parties 2 the day and year first hereinbefore written. 3 4 SIGNED by THE ) 5 HONOURABLE TERRENCE ) 6 WALDRON MLA for and on ) 7 behalf of the State of Western ) 8 Australia in the presence of: ) 9 10 11 J Nichols T Waldron 12 ... ... ... ... ... ... ... ... ... ... ... . ... .. ... ... ... ... ... ... ... ... ... ... ... ... . 13 Signature of witness Signature of THE 14 HONOURABLE 15 JON MARTIN NICHOLS TERRENCE WALDRON 16 ... ... ... ... ... ... ... ... ... ... ... ... ... 17 Name of Witness 18 19 20 21 22 THE COMMON SEAL of ) 23 BURSWOOD NOMINEES ) 24 LIMITED (ACN 078 250 307) ) 25 was hereunto affixed by ) 26 authority of the Board of ) D.S. 27 Directors in the presence of: ) 28 29 30 B J Felstead A F McGregor 31 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 32 Signature of authorised person Signature of authorised person 33 34 Director Secretary 35 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 36 Office held Office held 37 38 BARRY JOHN FELSTEAD ALAN FRANK MCGREGOR 39 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 40 Name of authorised person Name of authorised person page 12 Casino (Burswood Island) Agreement Amendment Bill 2011 Casino (Burswood Island) Agreement Act 1985 amended Part 2 s. 6 1 THE COMMON SEAL of ) 2 BURSWOOD RESORT ) 3 (MANAGEMENT) LIMITED ) 4 (ACN 009 396 945) was hereunto ) 5 affixed by authority of the Board ) C.S. 6 of Directors in the presence of: ) 7 8 9 B J Felstead A F McGregor 10 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11 Signature of authorised person Signature of authorised person 12 13 Director Secretary 14 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15 Office held Office held 16 17 BARRY JOHN FELSTEAD ALAN FRANK MCGREGOR 18 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 19 Name of authorised person Name of authorised person 20 page 13 Casino (Burswood Island) Agreement Amendment Bill 2011 Part 3 Gaming and Wagering Commission Act 1987 amended s. 7 1 Part 3 -- Gaming and Wagering Commission 2 Act 1987 amended 3 7. Act amended 4 This Part amends the Gaming and Wagering Commission 5 Act 1987. 6 8. Section 46 amended 7 After section 46(1) insert: 8 9 (2A) Gaming that is prescribed for the purposes of this 10 subsection may be lawfully conducted and lawfully 11 participated in. 12 13 9. Section 80 amended 14 In section 80(2) delete "200" and insert: 15 16 100 17 18 10. Section 81 amended 19 In section 81(1)(a) delete "200" and insert: 20 21 100 22 23 11. Section 85 amended 24 (1) In section 85(3)(b) delete "equipment, or" and insert: 25 26 equipment that the person is not entitled to 27 possess under this Act, or 28 page 14 Casino (Burswood Island) Agreement Amendment Bill 2011 Gaming and Wagering Commission Act 1987 amended Part 3 s. 11 1 (2) In section 85(4) delete "subsection (5)," and insert: 2 3 subsections (5) and (6A), 4 5 (3) After section 85(5) insert: 6 7 (6A) Subsection (4) does not apply to the possession of a 8 gaming machine or gaming equipment of a kind 9 referred to in that subsection, in prescribed 10 circumstances. 11 12
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