{"id":"qld:act-1992-052","name":"Brisbane Casino Agreement Act 1992","slug":"brisbane-casino-agreement-act-1992","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"52 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104799,"registerId":"qld-act-1992-052-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Brisbane Casino Agreement Act 1992 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nIn this Act—\nBrisbane Casino means a hotel-casino complex located within the following lots—\nLot 492 on Crown Plan 855445;\nLot 682 on Crown Plan 855445;\nLot 300 on Crown Plan 866930;\nLot 301 on Crown Plan 866931;\nLot 303 on Crown Plan 866933;\nLot 304 on Crown Plan 866934;\nLot 11 on Crown Plan 866932;\nLot 10 on Crown Plan B31753.\ns 2 def Brisbane Casino amd 2016 No. 17 s 70\ncasino agreement means the replacement agreement, as amended from time to time under section 6 .\ns 2 def casino agreement amd 2001 No. 91 s 4 (2)\nsub 2016 No. 18 s 4 (1) – (2)\ncasino part ...\ns 2 def casino part om 2001 No. 91 s 4 (1)\nconduct engaged in for the purpose of making a decision ...\ns 2 def conduct engaged in for the purpose of making a decision om 2001 No. 91 s 4 (1)\nControl Act means the Casino Control Act 1982 .\ns 2 def Control Act amd 2016 No. 18 s 4 (3)\ndecision ...\ns 2 def decision om 2001 No. 91 s 4 (1)\ndevelopment ...\ns 2 def development om 2001 No. 91 s 4 (1)\nfailure to make a decision ...\ns 2 def failure to make a decision om 2001 No. 91 s 4 (1)\nformer agreement means the agreement, the terms of which are set out in schedule 2 , that was—\nmade and varied under this Act; and\napproved by regulation or ratified by the Legislative Assembly; and\nin effect immediately before the replacement agreement took effect.\ns 2 def former agreement ins 2016 No. 18 s 4 (2)\nHeritage Act ...\ns 2 def Heritage Act om 2001 No. 91 s 4 (1)\nLand Act ...\ns 2 def Land Act om 2001 No. 91 s 4 (1)\nLiquor Act ...\ns 2 def Liquor Act om 2001 No. 91 s 4 (1)\nmaking of a decision ...\ns 2 def making of a decision om 2001 No. 91 s 4 (1)\npermitted use ...\ns 2 def permitted use om 2001 No. 91 s 4 (1)\nPlanning Act ...\ns 2 def Planning Act om 2001 No. 91 s 4 (1)\nplanning scheme ...\ns 2 def planning scheme om 2001 No. 91 s 4 (1)\npublic official ...\ns 2 def public official om 2001 No. 91 s 4 (1)\nregistered place ...\ns 2 def registered place om 2001 No. 91 s 4 (1)\nreplacement agreement see section 5 (1) .\ns 2 def replacement agreement ins 2016 No. 18 s 4 (2)\nReview Act ...\ns 2 def Review Act om 2001 No. 91 s 4 (1)\nsite ...\ns 2 def site om 2001 No. 91 s 4 (1)\nspecial facility licence ...\ns 2 def special facility licence om 2001 No. 91 s 4 (1)\nState agency ...\ns 2 def State agency om 2001 No. 91 s 4 (1)\n- • Lot 492 on Crown Plan 855445;\n- • Lot 682 on Crown Plan 855445;\n- • Lot 300 on Crown Plan 866930;\n- • Lot 301 on Crown Plan 866931;\n- • Lot 303 on Crown Plan 866933;\n- • Lot 304 on Crown Plan 866934;\n- • Lot 11 on Crown Plan 866932;\n- • Lot 10 on Crown Plan B31753.\n- (a) made and varied under this Act; and\n- (b) approved by regulation or ratified by the Legislative Assembly; and\n- (c) in effect immediately before the replacement agreement took effect.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Authority to agree to develop and operate Brisbane Casino","content":"# Authority to agree to develop and operate Brisbane Casino","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Minister may make agreement for Brisbane Casino","content":"### sec.3 Minister may make agreement for Brisbane Casino\n\nThe Minister is authorised to make, on behalf of the State, an agreement with a person for the development and operation of the Brisbane Casino.\nThe Minister may make an agreement under subsection (1) only if the proposed agreement has been approved by regulation.\nThe Minister must notify the date of the making of the agreement by Gazette notice.\nThe Minister may not enter into an agreement under this section after the commencement of the Brisbane Casino Agreement Amendment Act 2001 , section 6 .\ns 3 prev s 3 om 2001 No. 91 s 5\npres s 3 (prev s 4) amd 2001 No. 91 s 6\nrenum 2001 No. 91 s 13\n(sec.3-ssec.1) The Minister is authorised to make, on behalf of the State, an agreement with a person for the development and operation of the Brisbane Casino.\n(sec.3-ssec.2) The Minister may make an agreement under subsection (1) only if the proposed agreement has been approved by regulation.\n(sec.3-ssec.3) The Minister must notify the date of the making of the agreement by Gazette notice.\n(sec.3-ssec.4) The Minister may not enter into an agreement under this section after the commencement of the Brisbane Casino Agreement Amendment Act 2001 , section 6 .","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Control Act","content":"### sec.4 Control Act\n\nFor the purposes of section 19 of the Control Act , the agreement made under section 3 is taken to be ratified by Parliament.\ns 4 (prev s 6 (orig s 11)) renum 2001 No. 91 s 13\namd 2016 No. 18 s 7 (1)\nrenum and reloc 2016 No. 18 s 7 (2)","sortOrder":5},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Replacement agreement","content":"# Replacement agreement","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Replacement agreement ratified","content":"### sec.5 Replacement agreement ratified\n\nThe former agreement ends and is replaced by the agreement (the replacement agreement ) made by the Minister, on behalf of the State, and shown in schedule 1 .\nThe replacement agreement is ratified by the Legislative Assembly for the purposes of the Control Act , section 19 .\ns 5 pres s 5 (prev s 6) amd 2001 No. 91 s 7\nrenum 2001 No. 91 s 13\namd 2002 No. 5 s 3\nsub 2016 No. 18 s 6\n(sec.5-ssec.1) The former agreement ends and is replaced by the agreement (the replacement agreement ) made by the Minister, on behalf of the State, and shown in schedule 1 .\n(sec.5-ssec.2) The replacement agreement is ratified by the Legislative Assembly for the purposes of the Control Act , section 19 .","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Amendment of replacement agreement","content":"### sec.6 Amendment of replacement agreement\n\nThe replacement agreement may be amended by a further agreement between the parties to the replacement agreement.\nIf the further agreement is ratified by the Legislative Assembly, the further agreement takes effect to amend the replacement agreement.\ns 6 ins 2016 No. 18 s 8\n(sec.6-ssec.1) The replacement agreement may be amended by a further agreement between the parties to the replacement agreement.\n(sec.6-ssec.2) If the further agreement is ratified by the Legislative Assembly, the further agreement takes effect to amend the replacement agreement.","sortOrder":8},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Publication of consolidated agreement","content":"### sec.6A Publication of consolidated agreement\n\nThe chief executive must, from time to time, publish a document on the department’s website consolidating the replacement agreement and any further agreements made and ratified under section 6 .\ns 6A ins 2016 No. 18 s 8","sortOrder":9},{"sectionNumber":"pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":10},{"sectionNumber":"sec.6B","sectionType":"section","heading":"Agreement has force of law","content":"### sec.6B Agreement has force of law\n\nThe casino agreement has effect as if it were a law of the State.\nIf a provision of the casino agreement is inconsistent with an Act, the provision prevails and the Act is not effective to the extent of the inconsistency.\nSubsection (2) does not affect a provision of another Act that expressly deals with the interaction between the other Act and the casino agreement or this Act.\ns 6B (prev s 4 (orig s 5)) renum 2001 No. 91 s 13\namd 2016 No. 18 s 5 (1) – (3)\nrenum and reloc 2016 No. 18 s 5 (4)\n(sec.6B-ssec.1) The casino agreement has effect as if it were a law of the State.\n(sec.6B-ssec.2) If a provision of the casino agreement is inconsistent with an Act, the provision prevails and the Act is not effective to the extent of the inconsistency.\n(sec.6B-ssec.3) Subsection (2) does not affect a provision of another Act that expressly deals with the interaction between the other Act and the casino agreement or this Act.","sortOrder":11},{"sectionNumber":"sec.7","sectionType":"section","heading":"Regulations","content":"### sec.7 Regulations\n\nThe Governor in Council may make regulations for the purposes of this Act (including the casino agreement).\ns 7 prev s 7 om 2001 No. 91 s 9\npres s 7 (prev s 13) renum 2001 No. 91 s 13","sortOrder":12},{"sectionNumber":"pt.4","sectionType":"part","heading":"Savings and transitional provisions for Brisbane Casino Agreement Amendment Act 2016","content":"# Savings and transitional provisions for Brisbane Casino Agreement Amendment Act 2016","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"Definitions for part","content":"### sec.8 Definitions for part\n\nIn this part—\namending Act means the Brisbane Casino Agreement Amendment Act 2016 .\ndecision includes an approval, authorisation, permission, notice and order.\ns 8 prev s 8 om 2001 No. 91 s 9\npres s 8 ins 2016 No. 18 s 9","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Making of replacement agreement","content":"### sec.9 Making of replacement agreement\n\nTo remove any doubt, it is declared that—\nbefore the commencement, the Minister was authorised to make the replacement agreement for the purposes of this Act and the Control Act ; and\nthe former agreement does not end until the commencement even though the replacement agreement was made before the commencement.\ns 9 prev s 9 om 2001 No. 91 s 9\npres s 9 ins 2016 No. 18 s 9\n- (a) before the commencement, the Minister was authorised to make the replacement agreement for the purposes of this Act and the Control Act ; and\n- (b) the former agreement does not end until the commencement even though the replacement agreement was made before the commencement.","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Validity of former agreement etc. not affected","content":"### sec.10 Validity of former agreement etc. not affected\n\nThe commencement of the amending Act, and the making of the replacement agreement, does not affect the validity of the former agreement or anything done under the former agreement, including, for example, a decision made by a Minister under the former agreement.\ns 10 prev s 10 om 2001 No. 91 s 9\npres s 10 ins 2016 No. 18 s 9","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Existing applications","content":"### sec.11 Existing applications\n\nThis section applies to an application for an approval, authorisation or permission that, immediately before the commencement, was made to, but not decided by, a Minister under the former agreement.\nThe application may continue to be decided under the former agreement by the Minister administering this Act as if the amending Act had not commenced and the replacement agreement had not been made.\ns 11 ins 2016 No. 18 s 9\n(sec.11-ssec.1) This section applies to an application for an approval, authorisation or permission that, immediately before the commencement, was made to, but not decided by, a Minister under the former agreement.\n(sec.11-ssec.2) The application may continue to be decided under the former agreement by the Minister administering this Act as if the amending Act had not commenced and the replacement agreement had not been made.","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 om 2001 No. 91 s 10","sortOrder":18}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act replaces a prior, statutory agreement (the former agreement) with a new replacement agreement and expressly gives that replacement agreement the force of State law and priority over inconsistent Acts (s5; s6B(1)–(2)). It also establishes a formal amendment mechanism requiring Legislative Assembly ratification for amendments to take effect (s6). Transitional provisions preserve the validity of prior decisions and allow existing applications to be decided under the former agreement to limit disruption (s9–s11). These mechanics expand and clarify the legal effect and amendment process for the casino agreement compared with simply authorising an agreement, thereby changing the legal scope and durability of the State’s arrangements with the casino operator (s3; s5; s6; s6B)."},"complexity_factors":["Interplay between the casino agreement and other statutes, including an express supremacy rule where the agreement prevails over inconsistent Acts (s6B)","Multiple decision‑makers and checkpoints: Minister negotiates, Governor in Council may make regulations, Legislative Assembly ratifies replacement and any amendments (s3; s7; s5; s6)","Formal amendment pathway: contractual amendment permitted but requires legislative ratification to change legal effect (s6)","Transitional and savings provisions preserving validity of prior acts and allowing pending applications to proceed under the former agreement (s9–s11)","Publication obligation for consolidated agreement (s6A) — ongoing administrative requirement","Extensive definitions and precise land parcel identification that tie the agreement to specific lots (s2)"],"plain_english_summary":"The Act authorises the State (through the Minister) to enter a formal contract with a private party to develop and operate the Brisbane Casino, treats the specified replacement casino agreement as law, and requires parliamentary ratification for that agreement and any amendments. The department must publish a consolidated, ratified version and the Governor in Council may make related regulations.\n\nIt gives the replacement agreement legal priority over inconsistent statutes, preserves past decisions and pending applications from the former agreement, and sets procedural checks (regulation approval, Gazette notice, publication)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1992 Act was a simple enabling statute to authorise a single casino agreement. Over time, it has transformed into a statutory framework for a 'replacement agreement' (2016) with ongoing amendment powers, paramountcy clauses, and publication requirements. The 2001 and 2016 amendments significantly expanded the scope from a one-off contractual authorisation to a permanent legislative mechanism for managing a long-term casino concession with law-overriding effects."},"complexity_factors":["Multiple repealed and omitted definitions creating clutter (e.g., 'casino part', 'development', 'planning scheme' were all removed in 2001)","Complex amendment history with sections renumbered and relocated multiple times (e.g., section 6B was originally section 4, then section 5)","Interaction between three layers: the Act, the Control Act (Casino Control Act 1982), and the scheduled agreement itself","Paramountcy clause (section 6B) creating hierarchy of laws with exceptions to the exception (subsection 3)","Transitional provisions dealing with timing issues between former agreement and replacement agreement (Part 4)","Only 8 currently active substantive sections, but heavy historical baggage from 1992, 2001, and 2016 amendments"],"plain_english_summary":"This law sets up the legal framework for the Brisbane Casino (now known as The Star Brisbane, formerly Treasury Casino). It does three main things:\n\n**1. Authorises the casino deal**\n- Allows the Queensland Minister to sign a contract with a private company to build and run a casino in Brisbane's CBD (specifically on land around George Street and William Street, near the Treasury Building).\n- The original deal needed approval by regulation (a type of government order), and the Minister had to publish the date in the Gazette (an official government notice).\n- No new agreements can be made under this section anymore — that power ended in 2001.\n\n**2. Gives the casino agreement special legal status**\n- The casino agreement (now called the \"replacement agreement\") is written into Schedule 1 of this Act and has the force of law — meaning it acts like a law itself.\n- **Crucially**, if the casino agreement conflicts with other Queensland laws, the casino agreement wins. Other laws don't apply to the extent they are inconsistent.\n- However, if another law specifically mentions how it interacts with this casino agreement, that specific law still applies.\n\n**3. Allows updates to the agreement**\n- The replacement agreement can be amended by further agreements between the State and the casino operator.\n- Any amendments must be ratified (formally approved) by the Queensland Parliament to take effect.\n- The chief executive must publish an up-to-date consolidated version of the agreement on the department's website.\n\n**Who does this affect?**\n- The casino operator (currently The Star Entertainment Group)\n- Queensland Government ministers and departments\n- Potentially anyone doing business with or affected by the casino, since the agreement can override other laws\n\n**Why does this matter?**\nThis is a classic example of \"contractual legislation\" — where a private commercial contract is given the status of law. This gives the casino operator significant legal certainty and protections that ordinary businesses don't have. The \" paramountcy clause\" (section 6B) is particularly powerful because it means the casino agreement can trump planning laws, environmental laws, or other regulations if they conflict."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1992 Act established a framework for the Minister to enter casino agreements. By 2001, the Act was amended to prohibit any new agreements being made under it — narrowing its scope to solely governing the existing Brisbane Casino arrangement. The 2016 amendments further restructured the Act by replacing the former agreement with a new replacement agreement ratified by Parliament, shifting the mechanism from executive approval (by regulation) to parliamentary ratification, and adding transparency obligations. The scope has effectively narrowed from a general framework for casino agreements to an Act that exists solely to give legal force to one specific, evolving contract with one casino operator."},"complexity_factors":["The casino agreement itself (not fully reproduced here) has the force of law and can override other Queensland legislation — understanding the full legal effect requires reading that separate document","Multiple rounds of amendment (2001, 2002, 2016) have substantially restructured the Act, with sections renumbered, omitted and replaced, making the legislative history difficult to follow","The relationship between the 'former agreement', the 'replacement agreement', and further amendments creates a layered contractual-legislative structure","Parliamentary ratification of a private commercial agreement is an unusual legal mechanism that blurs the line between contract law and statute","The 'agreement prevails over inconsistent Acts' provision in s6B raises complex questions about which laws are affected and to what extent","Savings and transitional provisions (Part 4) introduce additional complexity around which agreement applies to pending matters"],"plain_english_summary":"## Brisbane Casino Agreement Act 1992\n\n**What this law does:**\nThis Act creates the legal framework for the Queensland Government's deal with the operator of the Brisbane Casino (the big hotel-casino complex on the South Bank area of Brisbane). Think of it as the Act that gives a special contract between the Government and the casino operator the force of actual law.\n\n**Key things to know:**\n\n- **The casino agreement is treated like legislation.** This is significant — the contract between the Government and the casino operator isn't just a normal commercial contract. If there's a clash between that agreement and another Queensland law, the *agreement wins*. This gives the casino operator strong legal protections that ordinary businesses don't get.\n\n- **The agreement has been updated over time.** The original 1992 deal (called the \"former agreement\") was replaced by a new \"replacement agreement\" in 2016. Any future changes to the agreement must be approved (\"ratified\") by the Queensland Parliament.\n\n- **The Brisbane Casino is defined by specific land parcels.** The Act ties the arrangement to particular lots of land in Brisbane, making it site-specific.\n\n- **The Government can't make new casino agreements under this Act.** Since 2001, the Minister has been prohibited from entering into new agreements under this framework — it only governs the existing Brisbane Casino arrangement.\n\n- **Transparency provision:** The government department must publish an up-to-date, consolidated version of the agreement on its website so the public can see what terms apply.\n\n**Who does this affect?**\n- The Brisbane Casino operator directly (they get special legal protections)\n- Queensland residents and taxpayers (the Government has locked in terms that other laws can't easily override)\n- Anyone affected by casino operations in Brisbane\n\n**Why it matters:**\nMost businesses operate under general laws. This Act means the casino operates under a *bespoke legal regime* negotiated with the Government. If other Queensland laws conflict with the casino's deal, those laws are effectively overridden. This is an unusual and powerful arrangement."}},"importantCases":[],"_links":{"self":"/api/acts/brisbane-casino-agreement-act-1992","history":"/api/acts/brisbane-casino-agreement-act-1992/history","analysis":"/api/acts/brisbane-casino-agreement-act-1992/analysis","conflicts":"/api/acts/brisbane-casino-agreement-act-1992/conflicts","importantCases":"/api/acts/brisbane-casino-agreement-act-1992/important-cases","documents":"/api/acts/brisbane-casino-agreement-act-1992/documents"}}