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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Casino (Management Agreement) (Amendment)
Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Amendment of definitions 2
5. Insertion of new section 6D 2
6D. Ratification of the fourth Deed of Variation 2
6. Amendment of section 7 4
7. Insertion of Schedule 5 4
NOTES 8
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531114B.I1-11/11/96 BILL LA INTRODUCTION 11/11/96
A BILL
to amend the Casino (Management Agreement) Act 1993 and for
other purposes.
Casino (Management Agreement)
(Amendment) Act 1996
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to ratify a fourth deed
of variation to the management agreement for the
Melbourne Casino.
2. Commencement
5
This Act comes into operation on the day on
which it receives the Royal Assent.
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3. Principal Act
No. 94/1993.
In this Act, the Casino (Management Reprinted to
Agreement) Act 1993 is called the Principal Act. No. 89/1995
and
subsequently
amended by
No. 17/1996.
4. Amendment of definitions
In section 4 of the Principal Act--
5
(a) in the definition of "the Agreement", after
"third Deed of Variation" insert "and the
fourth Deed of Variation";
(b) after the definition of "the third Deed of
Variation" insert--
10
' "the fourth Deed of Variation" means the
deed of variation to the management
agreement for the Melbourne Casino
Project, a copy of which is set out in
Schedule 5.'.
15
5. Insertion of new section 6D
After section 6C of the Principal Act insert--
"6D. Ratification of the fourth Deed of Variation
(1) The fourth Deed of Variation is ratified and
takes effect as if it had been enacted in this
20
Act.
(2) The Agreement is amended as provided in
the fourth Deed of Variation.
(3) A reference in clause 2.2 of the fourth Deed
of Variation to the coming into operation of
25
the Bill is deemed to be a reference to the
commencement of the Casino
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Casino (Management Agreement) (Amendment) Act 1996
Act No.
(Management Agreement) (Amendment)
Act 1996.".
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6. Amendment of section 7
In section 7(2) of the Principal Act, after "6C(1)"
insert "or 6D(1)".
7. Insertion of Schedule 5
After Schedule 4 to the Principal Act insert--
5
'SCHEDULE 5
FOURTH DEED OF VARIATION TO THE MANAGEMENT
AGREEMENT
MELBOURNE CASINO PROJECT
10 DEED dated 7 November 1996
BETWEEN THE HONOURABLE ROGER M. HALLAM MLC, the
Minister of the Crown for the time being administering the
Casino Control Act acting for and on
behalf of the State of
15 Victoria ('State')
AND CROWN LIMITED ACN 006 973 262 with its registered
office at Level 1, 99 Queensbridge Street,
Southbank,
Victoria ('Company')
20 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').
25 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) Act
1994;
(b) a deed of variation dated 12 October 1995 ratified by and
30 scheduled to the Casino (Management Agreement) (Further
Amendment) Act 1995; and
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(c) a deed of variation dated 3 June 1996 ratified by and
scheduled to the Gaming Acts (Amendment) Act 1996.
C. The parties have agreed to further vary the Management
5 Agreement as provided in this document.
AGREEMENT
1. Definitions
Unless the context otherwise requires or the contrary intention
appears, terms defined in the Casino Control Act or the
10 Management Agreement have the same meaning when used in
this document.
2. Ratification and operation of provisions
2.1 Subject to the New Drawing (as defined in clause 3) being
authorised by the Minister under section 16 of the Casino
15 (Management Agreement) Act 1993, a minister of the State must
introduce and sponsor a Bill in the Parliament of Victoria to ratify
this document as soon as reasonably practicable after its
execution.
2.2 Clause 3 of this document shall come into operation once:
20 (a) the Bill referred to in clause 2.1 has come into operation as
an Act; and
(b) the period for disallowance under section 16 of the Casino
(Management Agreement) Act 1993 has expired without the
25 changes to the Drawings contemplated by the New Drawing
(as defined in clause 3) being disallowed.
2.3 Clauses 1, 2, 4, 5, 6 and 7 of this document shall come into
operation on the date of this document.
2.4 If the conditions in clause 2.2 are not satisfied by 31 December
30 1996 or such later date agreed by the parties, this document other
than clause 5 will terminate. Following such termination neither
party shall have any claim against the other with respect to any
matter or thing antecedent to or arising out of or done, performed,
or omitted to be done or performed under this document.
35 3. Variation of Management Agreement
Subject to the New Drawing (as defined below) being authorised
by the Minister under section 16 of the Casino (Management
Agreement) Act 1993, and to the payment by the Company to the
State of the amount referred to in clause 4.1, the State and the
40 Company agree to vary the Management Agreement in the
following manner:
(a) Part 4.0 of Schedule 5 is varied to the extent necessary so
that the Off-Site Works in Queensbridge Square must be
constructed in accordance with the drawing designated
45 '93000 ASK-0326-Revision 2' and initialled for the
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purposes of identification by the State's Nominated
Representative and the Company ('New Drawing'); and
(b) Part 7.0 of Schedule 5 is varied to the extent necessary so
that the Off-Site Works in the Clarendon Street
5 Plaza must be constructed in accordance with the New
Drawing.
4. Payment to the State
4.1 In consideration of the State agreeing to amend the Management
Agreement in the manner provided in clause 3, the Company
10 agrees to pay to the State $469,750 ('Payment') on the date of this
document.
4.2 The Payment will be paid by the State into a Trust Account
established under Part 4 of the Financial Management Act 1994
in order that the principal and interest shall be applied by the State
15 to works for the general improvement of facilities in the Melbourne
Casino area.
4.3 If the Company fails to make the Payment on the due date,
without prejudice to any other right or remedy arising because
of that failure, the Company must pay to the State interest
20 (calculated daily) on the amount in default (including accrued
interest) at the Default Rate for the period from the due date until
payment is made (including all interest due under this clause).
4.4 A breach by the Company of this clause 4 shall be taken to be a
breach of the Management Agreement for the purposes of clause
25 25.2 of the Management Agreement.
4.5 If clause 3 of this document does not come into operation and this
document (other than clause 5) therefore terminates, the State shall
refund to the Company the amount paid to the State under this clause 4
within 5 Business Days after such termination.
30 5. Force Majeure Event
The Company acknowledges that none of the negotiation,
preparation and execution of this document, its ratification under
clause 2 or any of the circumstances relating to or giving rise to
the creation of this document has or will cause or create any
35 Government Action or Force Majeure Event.
6. Confirmation of other terms
6.1 The parties acknowledge and confirm that except as varied by this
document the terms and conditions of the Management
Agreement remain in full force and effect.
40 6.2 Without limiting clause 6.1, the Company acknowledges and
confirms that:
(a) subject to clause 16.3 of the Management Agreement, the
Company shall be liable for liquidated damages under
45 clause 17 of the Management Agreement if the Melbourne
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Casino is not Completed and open for business by the
Completion Date; and
(b) the Company must comply with the requirements of clause
13.1 of the Management Agreement in
5 relation to materials, fittings, equipment and workmanship
utilised in carrying out the construction of the Melbourne
Casino Complex.
7. General provisions
Clauses 33 and 35 to 40 (inclusive) of the Management
10 Agreement apply to this document as if expressly included in this
document.
EXECUTED as a deed.
)
SIGNED by THE HONOURABLE
)
) ROGER M. HALLAM
ROGER M. HALLAM MLC for
)
and on behalf of the State of
Victoria in the presence of
TIMOTHY P HENDER
Signature of witness
)
THE COMMON SEAL of CROWN
) LS
)
LIMITED is affixed in accordance with its
articles of association in the presence of
ANTHONY SEYFORT B J HAMILTON
Secretary Director ".
15
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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