THE HONOURABLE TERRENCE WALDRON 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”)
BURSWOOD NOMINEES LIMITED (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”)
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:
(j) the Tenth Supplementary Agreement made on 2 November 2006; and
(k) the Eleventh Supplementary Agreement made on 28 March 2007,
B. The parties have agreed to further amend the State Agreement for the purpose of more efficiently or satisfactorily implementing or facilitating 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.
(a) The State shall introduce and sponsor a Bill in the 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 subclause (a) has been passed by the Parliament of Western Australia and comes into operation as an Act.
(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.
Clause 2 of the State Agreement is amended:‑
(a) by amending the definition of “Casino Tax” by inserting after the words “Table Game Tax” the words: “, the Fully Automated Table Game Tax”;
(b) by amending the definition of “Casino Tax Activity” by inserting after the words “Table Game” the words “, Fully Automated Table Game”;
(c) by inserting after the definition of “Crown” the following definition:‑
“Cruise Ship” means any vessel that:
(a) has a minimum capacity of 100 passengers;
(b) is conducting a scheduled deep water cruise; and
(c) is transiting through Western Australian ports from and to locations overseas or interstate;”
(d) by amending the definition of “Electronic Gaming Machine” by inserting the words “or Fully Automated Table Game”, after the words “not a Table Game;”
(e) by deleting the definition of “Electronic Gaming Machine Levy” and substituting the following:‑
“ “Electronic Gaming Machine Levy” means, for the purpose of subparagraph 23(1)(c)(ii)(D), the percentage of Casino Taxable Revenue for Electronic Gaming Machines set out in column 2 of the table in item 1 of schedule F;”
(f) by inserting after the definition of “Founders” the following definition:‑
“ “Fully Automated Table Game” means any new game which is authorised under section 22 of the Control Act and which the Gaming and Wagering Commission, by notice to the Trustee, specifies to be a Fully Automated Table Game;”
(g) by inserting after the definition of “Fully Automated Table Game” the following definition:‑
“ “Fully Automated Table Game Tax” means the tax set out in the Fully Automated Table Game Tax table in Schedule C.”
(h) by inserting after the definition of “Genting WA” the following definition:
“ “Heirisson Island Sculpture Park Project” means the State Government of Western Australia’s proposal to enhance Heirisson Island environmentally and artistically through environmental protection and conservation and through the display of sculptural artworks as set out in the Heirisson Island Sculpture Park Master Plan Report dated 9 June 2008.”
4. Clause 22 amended
Clause 22 of the State Agreement is amended by:‑
(a) deleting the word “or” from subclause 4(a);
(b) inserting “; or” after the word “Resort Complex” in subclause 4(b);
(c) inserting after subclause (4)(b) the following new clause:‑
“(c) in a Cruise Ship in respect of which the conduct of gaming outside a distance of 12 nautical miles from the Western Australian baseline is permitted:
(i) under regulation 8A of the Gaming and Wagering Commission Regulations 1988; or
(ii) by a permit issued by the Commission under the Gaming and Wagering Commission Act 1987 and with the consent of the Trustee,”;
(d) amending subclause (5)(a) by deleting the number “200” and replacing it with “100”.
(e) deleting subclause (5)(c) and substituting the following clause:‑
“(c) prevent the State permitting the playing of the game known as “two‑up” on Anzac Day as defined in section 3 of the Anzac Day Act 1960:
(i) in premises in any part of the State of The Returned and Services League of Australia, W.A. Branch, Incorporated or of any of its affiliated sub branches and normally used for social functions or activities of members of any such organisation; or
(ii) at events or in premises that the Minister is satisfied are sufficiently connected to the celebration of Anzac Day;”;
(f) inserting after subclause 5(c) the following new clause:‑
“(d) prevent the State permitting under section 48 of the Gaming and Wagering Commission Act 1987 the playing of the game known as “two‑up” in any racing club as defined in section 3 of the Racing and Wagering Western Australia Act 2003 that is:
(i) registered with “Racing and Wagering Western Australia” under the Racing and Wagering Western Australia Act 2003; and
(ii) within a radius in any direction of 100 kilometres of the Burswood Casino,
provided that the Trustee consents to the playing of “two up” in the racing club.”.
5. Clause 23 amended
Clause 23 of the State Agreement is amended by:‑
(a) deleting subclause (1)(c) and substituting the following:‑
“(c) subject to subclause 23(2), to the Board in respect of each and every month an amount equal to the greater of:
(i) $83,334; or
(ii) the aggregate of:
(A) one per centum (1%) of Casino Taxable Revenue for Table Games for the month;
(B) one per centum (1%) of Casino Taxable Revenue for Fully Automated Table Games for the month; and
(C) one per centum (1%) of Casino Taxable Revenue for International Commission Business for the month; and
(D) for each month during the period set out in column 1 of the table in item 1 of Schedule F, the Electronic Gaming Machine Levy,
subject to item 2 of Schedule F, payment to be made to the Board by monthly payments on, and commencing on, the same dates as payments are made to the Treasurer of the State pursuant to paragraph (a).”
(b) by inserting immediately after subclause (1A) the following subclause:‑
“(1B) (a) The Board shall from money received under clause 23(1)(c) pay the sum of $5,000,000 to the Treasurer of the State for use in the development of the Heirisson Island Sculpture Park Project in such amounts (to a maximum of $5,000,000) and in such times as determined by the Minister.
(b) Payments made under subclause (1B)(a) shall only be made within a period of five years from, and including, the date of the Twelfth Supplementary Agreement.
6. Schedule C amended
Schedule C of the State Agreement is amended by:‑
(a) inserting the following table in Schedule C Item 1, after the “Table Game Tax” table:
Fully Automated Table Game Tax
| Period | Fully Automated Table Game Tax |
| On and from 1 July 2011 | 22% of Casino Taxable Revenue for Fully Automated Table Games |
(b) in the “Electronic Gaming Machine Tax” table in Schedule C Item 1, below the row containing the words “20% of Casino Taxable Revenue for Electronic Gaming Machines”, inserting the following rows:‑
| On and from 1 July 2011 to 30 June 2012 | 20.125% of Casino Taxable Revenue for Electronic Gaming Machines |
| On and from 1 July 2012 to 30 June 2013 | 20.25% of Casino Taxable Revenue for Electronic Gaming Machines |
| On and from 1 July 2013 to 30 June 2014 | 20.375% of Casino Taxable Revenue for Electronic Gaming Machines |
| On and from 1 July 2014 to 30 June 2015 | 20.5% of Casino Taxable Revenue for Electronic Gaming Machines |
| On and from 1 July 2015 | 20.625% of Casino Taxable Revenue for Electronic Gaming Machines |
(c) by deleting Item 2 (2) in Schedule C and substituting the following:‑
“2 To give effect to the parties’ agreement that the Casino Tax Rates specified in this Schedule C take effect from 1 July 2011:
(a) the Commission will determine the amount equal to all of the Casino Taxes which would have been payable for the period commencing 1 July 2011 and concluding on the last day of the month within which this Agreement takes effect, if this Agreement had taken effect on 1 July 2011;
(b) if the amount calculated under paragraph 2(a) of this Item 2 is more than the actual amount paid by the Trustee under clause 23(1)(a) of the State Agreement for the period referred to in paragraph 2(a), then the Trustee must pay the difference between the two amounts to the Treasurer at the same time and in the same manner as the next monthly payment is due under clause 23(1)(a); and
(c) if the amount calculated under paragraph 2(a) of this Item 2 is less than the actual amount paid by the Trustee under clause 23(1)(a) of the State Agreement for the period referred to in paragraph 2(a), then the difference between the two amounts shall be set off against monthly payments due under clause 23(1)(a) until it has been set off in full.”