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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 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 4E inserted 3
4E. Eleventh Supplementary Agreement
ratified and implementation authorised 3
6. Schedule 12 inserted 3
Schedule 12 -- Eleventh Supplementary Agreement
213--1 page i
Western Australia
LEGISLATIVE COUNCIL
Casino (Burswood Island) Agreement
Amendment Bill 2007
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 2007
s. 1
1. Short title
This is the Casino (Burswood Island) Agreement Amendment
Act 2007.
2. Commencement
5 This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on the day after that day.
3. The Act amended
10 The amendments in this Act are to the Casino (Burswood
Island) Agreement Act 1985*.
[* Reprinted as at 5 April 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 1, and
15 Act No. 77 of 2006.]
4. Section 3 amended
(1) Section 3 is amended in the definition of "the Agreement" as
follows:
(a) by inserting after paragraph (b)(iv) the following
20 subparagraph --
"
(v) the Eleventh Supplementary
Agreement;
";
25 (b) after each of paragraphs (b)(i), (ii) and (iv) by
inserting --
" and ".
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Casino (Burswood Island) Agreement Amendment Bill 2007
s. 5
(2) Section 3 is amended by inserting after the definition of "the
Eighth Supplementary Agreement" --
"
"the Eleventh Supplementary Agreement" means
5 the Eleventh Supplementary Agreement, a copy of
which is set out in Schedule 12;
".
5. Section 4E inserted
After section 4D the following section is inserted --
10 "
4E. Eleventh Supplementary Agreement ratified and
implementation authorised
(1) The Eleventh Supplementary Agreement is ratified and
its implementation is authorised.
15 (2) Without limiting or otherwise affecting the application
of the Government Agreements Act 1979, the Eleventh
Supplementary Agreement is to operate and take effect
despite any other Act or law.
".
20 6. Schedule 12 inserted
After Schedule 11 the following Schedule is inserted --
"
Schedule 12 -- Eleventh Supplementary Agreement
[s. 3]
25 Casino (Burswood Island) Agreement
ELEVENTH SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made the 28th day of March 2007
BETWEEN:
THE HONOURABLE LJILJANNA RAVLICH MLC, the
30 Minister of the Crown for the time being charged with the
page 3
Casino (Burswood Island) Agreement Amendment Bill 2007
s. 6
administration of the Control Act acting for and on behalf of the State
of Western Australia and its instrumentalities from time to time ("the
State")
AND
5 BURSWOOD NOMINEES LTD. (ACN 078 250 307) of Burswood
Entertainment Complex, Great Eastern Highway, Burswood in the
State of Western Australia as trustee of the Burswood Property Trust
("the Trustee")
AND
10 BURSWOOD RESORT (MANAGEMENT) LIMITED
(ACN 009 396 945) of Burswood Entertainment Complex, Great
Eastern Highway, Burswood in the State of Western Australia as
manager of the Burswood Property Trust ("the Manager").
RECITALS:
15 A. The State, the Trustee (by virtue of the West Australian
Trustees Limited (Merger) Act 1989) and the Manager (by
virtue of a deed of retirement and appointment of manager
made on 13 August 1990 and a deed of assumption and
covenant made on 13 November 1991) are parties to an
20 agreement dated 20 February 1985 ratified by and scheduled to
the Casino (Burswood Island) Agreement Act 1985 as
amended by:
(a) the Supplementary Agreement made on
14 September 1987;
25 (b) the Second Supplementary Agreement made on
3 May 1990;
(c) the Third Supplementary Agreement made on
13 November 1991;
(d) the Fourth Supplementary Agreement made on
30 30 March 1992;
(e) the Fifth Supplementary Agreement made on
3 April 1995;
page 4
Casino (Burswood Island) Agreement Amendment Bill 2007
s. 6
(f) the Sixth Supplementary Agreement made on
22 June 1996;
(g) the Seventh Supplementary Agreement made on
9 June 1997;
5 (h) the Eighth Supplementary Agreement made on
18 June 2003;
(i) the Ninth Supplementary Agreement made on
23 November 2005; and
(j) the Tenth Supplementary Agreement made on
10 2 November 2006,
which agreement as so amended is referred to in this Agreement
as "the State Agreement".
B. The parties have agreed to further amend the State Agreement
for the purpose of more efficiently or satisfactorily
15 implementing or facilitating certain of its objectives.
THE PARTIES AGREE AS FOLLOWS:
1. Definitions and Interpretation
Words and expressions defined in the State Agreement when
used in this Agreement have, unless the context otherwise
20 requires, the same meanings as in the State Agreement and the
provisions of clause 2 of the State Agreement as to
interpretation apply to this Agreement.
2. Variation and Operation
(a) The State shall introduce and sponsor a Bill in the
25 Parliament of Western Australia to ratify this Agreement
and endeavour to secure its passage as an Act.
(b) The provisions of this Agreement other than this clause
and clause 1 shall not come into operation until the Bill
referred to in sub-clause (a) has been passed by the
30 Parliament of Western Australia and comes into
operation as an Act.
page 5
Casino (Burswood Island) Agreement Amendment Bill 2007
s. 6
(c) On the said Bill commencing to operate as an Act, this
Agreement shall operate and take effect according to its
terms notwithstanding the provisions of any Act or law of
Western Australia.
5 3. Tenth Supplementary Agreement Effective
Notwithstanding clause 2, this Agreement shall only operate
and take effect if the Tenth Supplementary Agreement referred
to in Recital A has taken effect in accordance with clause 5 of
the State Agreement.
10 4. Clause 2 amended
Clause 2 of the State Agreement is amended by:
(a) inserting after the definition of "Resort Site" the
following definition --
"Rivers Management Minister" means the Minister of
15 the Crown for the time being charged with the
administration of the Swan and Canning Rivers
Management Act 2006;"; and
(b) inserting after the definition of ""State" or "Western
Australia"" the following definition --
20 "Swan and Canning Rivers and associated lands"
means the areas detailed in Schedules 1 to 4 of the Swan
and Canning Rivers Management Act 2006;".
5. Clause 6 amended
Clause 6 of the State Agreement is amended by deleting from
25 subclause (1)(c) the following words:
"(i) 2 natural persons from time to time nominated to the
Minister by the Local Authority;
(ii) 2 natural persons from time to time nominated to the
Minister by the Manager;
page 6
Casino (Burswood Island) Agreement Amendment Bill 2007
s. 6
(iii) 2 members from time to time nominated to the Minister
by the Commission;
provided that if at any time the Local Authority, the Manager or
the Commission shall fail to nominate persons for membership
5 of the Board as and when required by the Minister the State
may cause to be appointed as members of the Board such
persons as the State thinks fit;"
and replacing them with the following:
"(i) 1 natural person from time to time nominated to the
10 Minister by the Local Authority;
(i) 1 natural person from time to time nominated to the
Minister by the Manager;
(ii) 1 natural person from time to time nominated to the
Minister by the Rivers Management Minister;
15 (iii) 2 natural persons from time to time nominated by the
Minister, the Minister to nominate one of those persons
as president for the time being of the Board,
provided that if at any time the Local Authority, the Manager or
the Rivers Management Minister shall fail to nominate persons
20 for membership of the Board as and when required by the
Minister, or if the Minister shall fail to nominate persons for
membership of the Board as and when required, the State may
cause to be appointed as members of the Board such persons as
the State thinks fit;".
25 6. Clause 23 amended
Clause 23 of the State Agreement is amended as follows:
(a) by deleting from sub-clause (1)(c) the following
words --
"The Board must apply moneys received under this
30 paragraph solely for the purpose of performing the
functions for which it was or is constituted and to be
expended on or directly in relation to the Resort Site and
the reasonable administration expenses of the Board."
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Casino (Burswood Island) Agreement Amendment Bill 2007
s. 6
(b) by inserting immediately after sub-clause (1)(c) the
following sub-clause --
"(1A) The Board must apply moneys received under
clause 23(1)(c) for the following purposes:
5 (a) performing the functions for which it was or
is constituted;
(b) expenditure on or directly in relation to the
Resort Site;
(c) expenditure on projects approved by the
10 Rivers Management Minister for the
protection and enhancement of ecological
and community benefits and amenity of the
Swan and Canning Rivers and associated
lands; and
15 (d) expenditure on the reasonable
administration expenses of the Board."
7. Board composition continues
To give effect to the parties' agreement in clause 5 of this
Agreement, the Board continues in the same form as it existed
20 prior to the date of this Agreement and each person who was a
member of the Board immediately before the date that this
Agreement takes effect continues in office until the earlier of:
(a) the expiry of that person's current term as a member;
(b) that person's retirement from the Board as a member; or
25 (c) the date that person's appointment as a member of the
Board otherwise ceases for any reason,
at which time that member will be replaced with the relevant
nominee under clause 6(1)(c)(i) or clause 6(1)(c)(ii) of the State
Agreement (as appropriate) or, in the case of a member who had
30 been nominated by the Commission, by a nominee nominated
by the Minister under clause 6(1)(c)(iv) of the State Agreement.
The nominee of the Rivers Management Minister under
clause 6(1)(c)(iii) of the State Agreement will be appointed
page 8
Casino (Burswood Island) Agreement Amendment Bill 2007
s. 6
when the last member of the existing Board ceases to be a
member for any reason.
AS WITNESS the execution of this Agreement by or on behalf of the parties
the day and year first hereinbefore written.
5
SIGNED by THE )
HONOURABLE LJILJANNA )
RAVLICH MLC for and on
)
behalf of the State of Western
Australia in the presence of: )
)
J Nichols L Ravlich
....................................... .....................................
Signature of witness Signature of THE
HONOURABLE LJILJANNA
RAVLICH
JON NICHOLS
.......................................
Name of Witness
THE COMMON SEAL of the )
said BURSWOOD )
NOMINEES LTD
)
(A.C.N. 078 250 307) was
hereunto affixed by authority of )
the Board of Directors in the ) D.S.
presence of:
David Courtney J Henwood
.................................... ........................................
Signature of authorised person Signature of authorised person
Director ..................................... Secretary .........................................
Office held Office held
DAVID COURTNEY JUSTINE HENWOOD
.................................... .........................................
Name of authorised person Name of authorised person
page 9
Casino (Burswood Island) Agreement Amendment Bill 2007
s. 6
THE COMMON SEAL of )
BURSWOOD RESORT )
(MANAGEMENT) LIMITED
)
(ACN 009 396 945) was
hereunto affixed by authority of ) C.S.
the Board of Directors in the )
presence of:
David Courtney J Henwood
.................................... ..........................................
Signature of authorised person Signature of authorised person
Director .............................. Secretary ..........................................
Office held Office held
DAVID COURTNEY JUSTINE HENWOOD
..................................... ..........................................
Name of authorised person Name of authorised person
".
page 10
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