Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, the Minister acting for and on behalf of the State and its
instrumentalities may enter into an agreement with a public company, whether
acting on its own behalf or as a trustee or in any other capacity, with
respect to the construction and establishment of a new casino complex in the
State, and may in such an agreement undertake not to approve under
section 21(3) during a period specified in that agreement of an
application for a casino gaming licence made by a person other than a party to
that agreement.
(1a) The Commission
shall, before the Minister enters into a casino complex agreement with a
public company, carry out such investigations as it considers necessary or
desirable for the purposes of that casino complex agreement and for the
purposes of satisfying itself that the public company, and each close
associate of the public company, is a suitable person to be concerned in or
associated with the organization and conduct of the gaming operations of a
licensed casino.
(2) Without limiting
the matters that may be investigated by the Commission under
subsection (1a), investigations made under that subsection shall include
such investigations as the Commission considers necessary or desirable to
inform itself of —
(a) the
reputation and financial status of the public company and each close associate
of the public company, and the financial status or proposed financial status
and the structure of any trust or proposed trust of which the public company,
or a close associate of the public company, is or may become the promoter or
founder or trustee;
(b) the
reputation, financial status, and capacity to be concerned in or associated
with the organization and conduct of the gaming operations of a licensed
casino, of —
(i)
each natural person; and
(ii)
each director or other member of the governing body of,
and each principal officer of, a body corporate,
intended by the public
company, or believed by the Commission, to be concerned in or associated with
the organization and conduct of the gaming operations of the licensed casino
with which the casino complex agreement is concerned; and
(c) such
other matters as may be prescribed.
(2a) The public
company and the natural persons, directors or other members of a governing
body, and principal officers, referred to in subsection (2) shall provide
the Commission with such information and books —
(a) as
the Commission requires for the purposes of an investigation carried out under
that subsection; and
(b) as
they are able to provide.
(2b) After having
informed itself of the matters referred to in subsection (2), the
Commission shall submit a report on those matters and on any other matters it
considers relevant, together with its recommendations thereon, to the
Minister.
(3) A casino complex
agreement is not enforceable by any party thereto unless and until it has been
ratified by an Act, and no action or other proceedings may be brought in
relation to a casino complex agreement until it has been so ratified.
(4) A casino complex
agreement shall not confer the right on any party thereto, or on a person
referred to therein, to conduct games at the premises of the casino to which
the casino complex agreement relates until a casino gaming licence is granted
to that party and then only in accordance with the casino gaming licence.
(5) A casino complex
agreement may be amended or terminated in accordance with its provisions.
[Section 19 amended by No. 10 of 1985
s. 29; No. 74 of 1987 s. 20; No. 24 of 1998 s. 13.]