Casino (Burswood Island) Agreement Act 1985
Sch 11Tenth Supplementary Agreement
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Schedule 11 — Tenth Supplementary Agreement
TENTH SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made the 2nd day of November 2006
THE HONOURABLE MARK McGOWAN MLA, the Minister of the Crown for the time being charged with the 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
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
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”)
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 agreement dated 20 February 1985 ratified by and scheduled to the Casino (Burswood Island) Agreement Act 1985 as amended by:
(h) the Eighth Supplementary Agreement made on 18 June 2003; and
(i) the Ninth Supplementary Agreement made on 23 November 2005,
B. The parties have agreed to further amend the State Agreement for the purpose of more efficiently or satisfactorily implementing or facilitating certain of its objectives.
Words and expressions defined in the State Agreement when used in this Agreement have, unless the context otherwise 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.
Pursuant to and subject to clause 5 of the State Agreement the parties agree to amend the State Agreement in the manner set out in this Agreement.
Clause 2 of the State Agreement is amended by inserting after the definition of “Electronic Gaming Machine” the following definition:‑
“ “Electronic Gaming Machine Levy” means, for the purpose of subparagraph 23(1)(c)(ii)(C) the percentage of Casino Taxable Revenue for Electronic Gaming Machines set out in column 2 of the table in item 1 of Schedule F.”
4. Clause 23 amended