THE HONOURABLE COLIN HOLT MLC, 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 201 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 201 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:
(k) the Eleventh Supplementary Agreement made on 28 March 2007; and
(1) the Twelfth Supplementary Agreement made on 12 May 2011,
B. The parties have agreed to further amend the State Agreement for the purpose of more efficiently or satisfactorily implementing or facilitating its objectives.
1 Definitions and Interpretation
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.
2 Variation and Operation
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.
3 Clause 23 amended
Clause 23 of the State Agreement is amended –
(a) by deleting subclause (1A) and substituting the following:‑
“(1A) The Board may apply moneys received under clause 23(l)(c) for the following purposes:
(a) performing the functions for which it was or is constituted;
(b) expenditure on or directly in relation to the Resort Site;
(c) expenditure on projects approved by the Rivers Management Minister for the protection and enhancement of ecological and community benefits and amenity of the Swan and Canning Rivers and associated lands;
(d) expenditure on the reasonable administration expenses of the Board; and
(e) any other projects or matters as the Board may determine subject to the prior consent of the Minister and the Trustee.”
(b) by deleting subclause (6) and substituting the following:‑
“(6) The Minister may, with prospective effect from an Anniversary Date review any Casino Tax Rate by not less than 4 weeks’ notice to the Trustee specifying an alternative Casino Tax Rate or alternative Casino Tax Rates, as the case may be, and the Anniversary Date on and from which such alternative rate of the Casino Tax Rate is, or Casino Tax Rates are, payable.”
(c) by inserting after subclause (6B) the following subclause (6C):‑
“(6C) Notwithstanding any other provision of this Agreement or the Casino Tax Rates, for the period 1 July 2014 to 30 June 2019, the Trustee shall pay International Commission Business Tax as follows:
(a) a minimum of $9.05 million to be paid for the period 1 July 2014 to 30 June 2015;
(b) a minimum of $18.1 million to be paid for the period 1 July 2014 to 30 June 2016;
(c) a minimum of $27.15 million to be paid for the period 1 July 2014 to 30 June 2017;
(d) a minimum of $36.2 million to be paid for the period 1 July 2014 to 30 June 2018; and
(e) a minimum of $45.25 million to be paid for the period 1 July 2014 to 30 June 2019.
4 Schedule C amended
The State Agreement is amended by deleting Schedule C and substituting the following: –
“ITEM 1 – CASINO TAX1
Electronic Gaming Machine Tax
| Period | Electronic Gaming Machine Tax |
| On and from 24 December 2014 to 23 December 2015 | 12.27% of Casino Taxable Revenue for Electronic Gaming Machines |
| On and from 24 December 2015 | 12.42% of Casino Taxable Revenue for Electronic Gaming Machines |
Table Game Tax
| Period | Table Game Tax |
| On and from 24 December 2014 | 9.37% of Casino Taxable Revenue for Table Games |
Fully Automated Table Game Tax
| Period | Fully Automated Table Game Tax |
| On and from 24 December 2014 | 12.92% of Casino Taxable Revenue for Fully Automated Table Games |
1 Casino Tax Rates, where applicable, are subject to the Review Notice dated 20 November 2014 issued pursuant to clause 23(6)(b) of this Agreement.
International Commission Business Tax
| Period | International Commission Business Tax |
| On and from 1July 2015 | 1.75% of Casino Taxable Revenue for International Commission Business |
ITEM 2
1 All Casino Taxes are to be paid to the Treasurer of the State each month, within 8 days after the end of the month.”
SIGNED by THE )HONOURABLE COLIN ) HOLT MLC for and on )
……………………………...… ……………………………...…
Signature of witness Signature of THE HONOURABLE COLIN HOLT MLC
DONNA KENNEDY
……………………………...…
BURSWOOD NOMINEES )LIMITED (ACN 078 250 307) )
……………………………...…. ……………………………...
Barry Felstead JOSHUA ROBERT PRESTON
BURSWOOD RESORT )
(ACN 009 396 945) was )
hereunto affixed by authority )
of the Board of Directors in )
the presence of: )
……………………………...… ……………………………...
Barry Felstead JOSHUA ROBERT PRESTON
[Schedule 14 inserted: Gazette 28 Jul 2015 p. 3084‑8.]