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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 2023
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Section 4H inserted 3
4H. Seventeenth Supplementary Agreement
ratified and implementation authorised 3
6. Schedule 18 inserted 3
Schedule 18 -- Seventeenth Supplementary
Agreement
137--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Casino (Burswood Island) Agreement
Amendment Bill 2023
A Bill for
An Act to amend the Casino (Burswood Island) Agreement Act 1985.
The Parliament of Western Australia enacts as follows:
page 1
Casino (Burswood Island) Agreement Amendment Bill 2023
s. 1
1 1. Short title
2 This is the Casino (Burswood Island) Agreement Amendment
3 Act 2023.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
9 3. Act amended
10 This Act amends the Casino (Burswood Island) Agreement
11 Act 1985.
12 4. Section 3 amended
13 (1) In section 3 insert in alphabetical order:
14
15 Seventeenth Supplementary Agreement means the
16 Seventeenth Supplementary Agreement, a copy of
17 which is set out in Schedule 18;
18
19 (2) In section 3 in the definition of Agreement:
20 (a) in paragraph (b)(vii) delete "Agreement;" and insert:
21
22 Agreement; and
23
24 (b) after paragraph (b)(vii) insert:
25
26 (viii) the Seventeenth Supplementary
27 Agreement;
28
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Casino (Burswood Island) Agreement Amendment Bill 2023
s. 5
1 5. Section 4H inserted
2 After section 4G insert:
3
4 4H. Seventeenth Supplementary Agreement ratified and
5 implementation authorised
6 (1) The Seventeenth Supplementary Agreement is ratified
7 and its implementation is authorised.
8 (2) Without limiting or otherwise affecting the application
9 of the Government Agreements Act 1979, the
10 Seventeenth Supplementary Agreement is to operate
11 and take effect despite any other Act or law.
12
13 6. Schedule 18 inserted
14 After the last Schedule insert:
15
16 Schedule 18 -- Seventeenth Supplementary
17 Agreement
18 [s. 3]
19 Casino (Burswood Island) Agreement
20 SEVENTEENTH SUPPLEMENTARY AGREEMENT
21 THIS AGREEMENT made the 9th day of November 2023
22 BETWEEN:
23 THE HONOURABLE REECE WHITBY MLA, the Minister of the
24 Crown for the time being charged with the administration of the Casino
25 Control Act 1984 acting for and on behalf of the State of Western Australia
26 and its instrumentalities from time to time ("the State");
27 AND
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Casino (Burswood Island) Agreement Amendment Bill 2023
s. 6
1 BURSWOOD NOMINEES LIMITED (ACN 078 250 307) of 201 Great
2 Eastern Highway, Burswood in the State of Western Australia as trustee of
3 the Burswood Property Trust ("the Trustee");
4 AND
5 BURSWOOD RESORT (MANAGEMENT) LIMITED
6 (ACN 009 396 945) of 201 Great Eastern Highway, Burswood in the State
7 of Western Australia as manager of the Burswood Property Trust ("the
8 Manager").
9 RECITALS:
10 A. The State, the Trustee (by virtue of the West Australian Trustees
11 Limited (Merger) Act 1989) and the Manager (by virtue of a deed of
12 retirement and appointment of manager made on 13 August 1990 and
13 a deed of assumption and covenant made on 13 November 1991) are
14 parties to an agreement dated 20 February 1985 ratified by and
15 scheduled to the Casino (Burswood Island) Agreement Act 1985 as
16 amended by:
17 (a) the Supplementary Agreement made on 14 September 1987;
18 (b) the Second Supplementary Agreement made on 3 May 1990;
19 (c) the Third Supplementary Agreement made on
20 13 November 1991;
21 (d) the Fourth Supplementary Agreement made on 30 March 1992;
22 (e) the Fifth Supplementary Agreement made on 3 April 1995;
23 (f) the Sixth Supplementary Agreement made on 22 June 1996;
24 (g) the Seventh Supplementary Agreement made on 9 June 1997;
25 (h) the Eighth Supplementary Agreement made on 18 June 2003;
26 (i) the Ninth Supplementary Agreement made on
27 23 November 2005;
28 (j) the Tenth Supplementary Agreement made on 2 November 2006;
29 (k) the Eleventh Supplementary Agreement made on 28 March 2007;
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Casino (Burswood Island) Agreement Amendment Bill 2023
s. 6
1 (l) the Twelfth Supplementary Agreement made on 12 May 2011;
2 (m) the Thirteenth Supplementary Agreement made on
3 16 March 2015;
4 (n) the Fourteenth Supplementary Agreement made on
5 6 October 2016;
6 (o) the Fifteenth Supplementary Agreement made on 7 May 2019;
7 and
8 (p) the Sixteenth Supplementary Agreement made on 14 April 2023,
9 which agreement as so amended is referred to in this Agreement as
10 "the State Agreement".
11 B. The parties have agreed to further amend the State Agreement for the
12 purpose of more efficiently or satisfactorily implementing or
13 facilitating its objectives.
14 THE PARTIES AGREE AS FOLLOWS:
15 1. Definitions and Interpretation
16 Words and expressions defined in the State Agreement when used in
17 this Agreement have, unless the context otherwise requires, the same
18 meanings as in the State Agreement and the provisions of clause 2 of
19 the State Agreement as to interpretation apply to this Agreement.
20 2. Variation and Operation
21 (a) The State shall introduce and sponsor a Bill in the Parliament
22 of Western Australia to ratify this Agreement and endeavour
23 to secure its passage as an Act.
24 (b) The provisions of this Agreement other than this clause and
25 clause 1 shall not come into operation until:
26 (i) the Bill referred to in sub-clause (a) has been passed
27 by the Parliament of Western Australia and comes
28 into operation as an Act; and
29 (ii) the ratification provisions of the Bill referred to in
30 sub-clause (a) come into operation.
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Casino (Burswood Island) Agreement Amendment Bill 2023
s. 6
1 (c) On the said Bill commencing to operate as an Act and the
2 ratification provisions of the said Bill coming into operation,
3 this Agreement shall operate and take effect according to its
4 terms notwithstanding the provisions of any Act or law of
5 Western Australia.
6 3. Clause 23 amended
7 Clause 23 of the State Agreement is amended:
8 (a) in clause 23(8) by deleting the words "clause 33 provided that
9 pending the determination upon such reference Casino Tax at
10 such higher rate shall be payable by the Trustee provided
11 further that" and replacing them with "clause 33 provided
12 that, pending the determination upon such reference, Casino
13 Tax at such higher rate shall be payable by the Trustee,
14 provided further that";
15 (b) in clause 23(10)(b) by:
16 (i) inserting "until 23 December 2023" after the words
17 "following the Completion Date"; and
18 (ii) deleting the words "preceding the Completion Date."
19 in clause 23(10)(b) and replacing them with
20 "preceding the Completion Date; and";
21 (c) by inserting after clause 23(10)(b) the following clause:
22 "(c) on and from 24 December 2023,
23 $12,000,000.00 or an alternative amount
24 pursuant to a notice issued under
25 clause 23(13), subject to clauses 23(15) and
26 (16)."; and
27 (d) by adding the following clauses:
28 "(13) The Minister may, with prospective effect from an
29 Anniversary Date at any time after 24 December 2023
30 and having regard to the reasonable costs and
31 expenses of the Commission in exercising its functions
32 in relation to the Casino, review the Annual Specified
33 Amount by not less than 12 weeks' notice to the
34 Trustee specifying an alternative Annual Specified
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Casino (Burswood Island) Agreement Amendment Bill 2023
s. 6
1 Amount, the Anniversary Date on and from which
2 such alternative Annual Specified Amount is payable,
3 and the reasons for specifying an alternative Annual
4 Specified Amount.
5 (14) If the Minister issues a notice under clause 23(13)
6 ("ASA Notice"), then the Annual Specified Amount
7 will be the amount specified in the ASA Notice and
8 will apply on and from the Anniversary Date specified
9 in the ASA Notice.
10 (15) If a dispute shall arise between the Minister and the
11 Trustee as to whether the amount specified in an ASA
12 Notice under clause 23(13) is reasonable having
13 regard to the costs and expenses of the Commission in
14 exercising its functions in relation to the Casino, such
15 dispute shall be referred to arbitration in accordance
16 with clause 33 provided that, pending the
17 determination upon such reference, the amount
18 specified in the ASA Notice shall be the Annual
19 Specified Amount for the purposes of clause 23(1)(b),
20 provided further that if the dispute is decided in
21 favour of the Trustee the State shall as soon as
22 practicable cause to be repaid to the Trustee any
23 portion of such amount so decided.
24 (16) The Annual Specified Amount is escalated on each
25 Anniversary Date in respect of which an ASA Notice
26 has not been given by the percentage by which the
27 CPI last published prior to such Anniversary Date has
28 increased over the CPI last published prior to the
29 later of 24 December 2023, or the last ASA Notice.
30 (17) To give effect to the parties' agreement that the
31 Annual Specified Amount specified in clause 23(10)(c)
32 takes effect from 24 December 2023, if an amount has
33 been paid by the Trustee under clause 23(1)(b) for the
34 period commencing 24 December 2023, then the
35 Trustee must pay to the Commission the difference
36 between that amount and the amount that would have
37 been payable if clause 23(10)(c) was inserted into this
38 Agreement on 24 December 2023. The difference is
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Casino (Burswood Island) Agreement Amendment Bill 2023
s. 6
1 payable at the same time and in the same manner as
2 the next quarterly instalment is due under
3 clause 23(1)(b)."
4 4. Clause 33 amended
5 Clause 33 of the State Agreement is amended:
6 (a) in clause 33(1) by:
7 (i) deleting "their umpire" and substituting "a third and
8 presiding arbitrator"; and
9 (ii) deleting "Arbitration Act 1895" and substituting
10 "Commercial Arbitration Act 2012"; and
11 (b) in clause 33(3) by deleting the words "or umpire (as the case
12 may be)".
13 5. Clause 36 amended
14 Clause 36 of the State Agreement is amended:
15 (a) in clause 36(b):
16 (i) by deleting the words "facsimile (to be immediately
17 confirmed by postal or hand delivery) or";
18 (ii) by deleting the notice details for the Trustee and
19 substituting the following:
20 "Burswood Nominees Ltd
21 C/- Crown Perth
22 Great Eastern Highway
23 Burswood WA 6100
24 Attention: Chief Executive Officer"; and
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Casino (Burswood Island) Agreement Amendment Bill 2023
s. 6
1 (iii) by deleting the notice details for the Manager and
2 substituting the following:
3 "Burswood Resort (Management) Limited
4 C/- Crown Perth
5 Great Eastern Highway
6 Burswood WA 6100
7 Attention: Chief Executive Officer"; and
8 (b) in clause 36(c):
9 (i) by deleting "facsimile (to be immediately confirmed
10 by postal or hand delivery) or";
11 (ii) by deleting the notice details for the Minister and
12 substituting the following:
13 "Dumas House
14 2 Havelock Street
15 West Perth WA 6005";
16 (iii) by deleting the notice details for the Commission and
17 substituting the following:
18 "Gaming and Wagering Commission
19 Gordon Stephenson House
20 Level 2, 140 William Street
21 Perth WA 6000
22 Attention: Chairperson";
23 (iv) by deleting the words "if given or sent by facsimile
24 upon report of successful transmission to the correct
25 facsimile number or"; and
26 (v) by deleting the words "and or facsimile number or
27 advise a facsimile number".
28
page 9
Casino (Burswood Island) Agreement Amendment Bill 2023
s. 6
1 EXECUTED as a deed.
2
SIGNED by THE )
HONOURABLE REECE )
WHITBY MLA for and on behalf )
of the State of Western Australia in )
the presence of: )
)
[Signature]___________________ [Signature]_____________________
Signature of witness Signature of THE HONOURABLE
REECE WHITBY MLA
Joseph Quick
Name of witness
3
THE COMMON SEAL of )
BURSWOOD NOMINEES )
LIMITED (ACN 078 250 307) )
was hereunto affixed by authority )
of the Board of Directors in the )
presence of:
[Signature]___________________ [Signature]___________________
Signature of authorised person Signature of authorised person
Director Company Secretary
Office held Office held
Alan Frank McGregor Adam B Simpson
Name of authorised person Name of authorised person
4
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Casino (Burswood Island) Agreement Amendment Bill 2023
s. 6
THE COMMON SEAL of )
BURSWOOD RESORT )
(MANAGEMENT) LIMITED )
(ACN 009 396 945) was hereunto )
affixed by authority of the Board of )
Directors in the presence of: )
[Signature]___________________ [Signature]___________________
Signature of authorised person
Signature of authorised person
Director
Office held Company Secretary
Office held
Alan Frank McGregor
Name of authorised person Adam B Simpson
Name of authorised person
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