Div 8Agreement with licensee

Division 8—Agreement with licensee 16—Approved licensing agreement (1) There is to be an agreement (the approved licensing agreement) between the licensee and the Minister about— (a) the operation of the casino; and (b) the term of the licence; and (c) the conditions of the licence; and (d) the performance of the licensee's responsibilities under the licence or this Act. (1a) The agreement may exempt the licensee from, or modify the licensee's obligation to comply with— (a) specified requirements of this Act or conditions fixed by this Act; or (b) provisions of a code or a requirement prescribed by the Commissioner under this Act, in relation to premium customers or premium gaming areas. (1b) An exemption or modification referred to in subsection (1a) may be subject to conditions specified in the approved licensing agreement. (2) The agreement may deal with other subjects relevant to the casino. (3) The agreement— (a) is to be entered into with a prospective licensee before the licence is granted or with a licensee before renewal of the licence; and (b) subject to subsection (1a)—must be consistent with the provisions of this Act. (4) If the agreement so provides, specified provisions of the agreement become conditions of the casino licence. (4a) The agreement binds the licensee, the Minister and the Commissioner and, if the agreement so provides, any other person who consents to be bound by the agreement. (5) The agreement may be varied by a later agreement between the parties but such a variation must (subject to subsection (1a)) be consistent with the provisions of this Act. (6) The agreement may contain an assurance, on terms and conditions fixed in the agreement, that the exclusiveness of the licensee's right to operate a casino in this State will not be impugned during a period set out in the agreement. 17—Casino duty agreement (1) There is to be an agreement (the casino duty agreement) between the licensee and the Treasurer— (a) fixing the amount, or basis of calculation, of casino duty; and (b) providing for the payment of casino duty; and (c) dealing with interest and penalties to be paid for late payment or non-payment of casino duty. (2) The agreement is to be entered into with a prospective licensee before the licence is granted or with a licensee before renewal of the licence. (3) The agreement may be varied by a later agreement between the parties. (4) The casino duty agreement or an agreement for variation of the casino duty agreement operates as a deed—despite the absence of the formalities of execution and delivery. (5) The casino duty agreement does not attract stamp duty. (6) Before entering into a casino duty agreement, the Treasurer may require the licensee or prospective licensee to give security for compliance with its obligations under the agreement. (7) The Treasurer may delegate any powers or functions under the casino duty agreement or under this Act— (a) to a specified person or body; or (b) to a person occupying a specified office or position. (8) A delegation— (a) may be made subject to conditions and limitations specified in the instrument of delegation; and (b) if the instrument of delegation so provides, may be further delegated by the delegate; and (c) is revocable at will and does not prevent the Treasurer from acting personally in a matter. 18—Agreements to be tabled in Parliament (1) The Minister must, within 12 sitting days after entering into an approved licensing agreement or an agreement for the variation of an approved licensing agreement, have copies of the agreement laid before both Houses of Parliament. (2) The Treasurer must, within 12 sitting days after entering into a casino duty agreement or an agreement for the variation of a casino duty agreement, have copies of the agreement laid before both Houses of Parliament.