Sch 16Fifteenth Supplementary Agreement

Schedule 16 — Fifteenth Supplementary Agreement

[Heading inserted: No. 21 of 2019 s. 84.]

FIFTEENTH SUPPLEMENTARY AGREEMENT

THIS AGREEMENT made the 7th day of May 2019

THE HONOURABLE PAUL PAPALIA MLA, the Minister of the Crown for the time being charged with the administration of the Casino Control Act 1984 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:

(m) the Thirteenth Supplementary Agreement made on 16 March 2015; and

(n) the Fourteenth Supplementary Agreement made on 6 October 2016,

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:

(i) the Bill referred to in sub‑clause (a) has been passed by the Parliament of Western Australia and comes into operation as an Act; and

(ii) the ratification provisions of the Bill referred to in sub‑clause (a) come into operation.

(c) On the said Bill commencing to operate as an Act and the ratification provisions of the said Bill coming into operation, this Agreement shall operate and take effect according to its terms notwithstanding the provisions of any Act or law of Western Australia.