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


CASINO (BURSWOOD ISLAND) AGREEMENT AMENDMENT BILL 2011

                      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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