sec.85Review of agreements etc.

### sec.85 Review of agreements etc. Casino leases referred to in section 24 and casino management agreements referred to in section 25 are not subject to the provisions of this section. Any of them— a casino licensee; and a lessee under a casino lease; and a casino operator under a casino management agreement; must, if directed by the Minister to do so, furnish to the Minister within the time stipulated by the Minister such information as the Minister thinks fit with respect to any lease, contract, agreement or arrangement ( the agreement ) written or unwritten, with any other person relating to the hotel-casino complex or the casino. Maximum penalty—200 penalty units. Without limiting the generality of subsection (2) , matters concerning which the Minister may direct the furnishing of information include— names of persons entering into the agreements; and description of any property, goods or other things or any services provided or to be provided; and value, type or nature of consideration; and operative period of the agreement. Any of them a licensee, lessee or operator as referred to in subsection (2) must, if directed by the Minister to do so, furnish to the Minister within the time stipulated by the Minister a copy of the agreement if it is in writing. Maximum penalty—200 penalty units. If the Minister, upon a review of any information or documents furnished under this section, is of the opinion that the continuance of the agreement is not in the public interest or jeopardises the integrity of gaming having regard to its terms and such other factors as to the Minister appear relevant, the Minister may issue to the licensee, lessee or operator as referred to in subsection (2) who is the party to the agreement a notice in writing requiring the licensee, lessee or operator to show cause why the agreement should not be terminated. The notice shall set out the grounds giving rise to its issue and shall stipulate a date, being not earlier than 21 days after such issue, on or before which cause is required to be shown. Where the Minister issues a notice, the Minister shall issue a copy thereof to the other party to the agreement. The licensee, lessee or operator to whom the notice is issued may give answer thereto in writing to the Minister to show cause at any time not later than the date stipulated in the notice in that respect. The other party may make such submissions to the Minister as the other party thinks fit at any time not later than that stipulated date. The Minister shall consider any answers given in reply to the notice to show cause and any submissions made by the other party and— if in the Minister’s opinion satisfactory answers are given or submissions made in reply to or in respect of the notice—the Minister shall take no further action in relation to the notice; or if in the Minister’s opinion answers given or submissions made in reply to or in respect of the notice are not satisfactory or if no answers are given and no submissions made—the Minister may direct the termination of the contract. The Minister’s direction referred to in subsection (10) (b) shall be given in writing to the parties to the agreement and shall specify a date on which the agreement is terminated under this Act if not sooner terminated. The agreement in question, if not sooner terminated by the parties to the agreement, is terminated by force of this Act on the date specified in the direction in that behalf. The termination of the agreement by force of this Act does not affect the rights and obligations of the parties thereto up to the time of such termination. No liability for breach of the agreement attaches to any party thereto by reason only of its termination by force of this Act. s 85 amd 2002 No. 43 ss 111 – 112 sch s 1 – 2 (sec.85-ssec.1) Casino leases referred to in section 24 and casino management agreements referred to in section 25 are not subject to the provisions of this section. (sec.85-ssec.2) Any of them— a casino licensee; and a lessee under a casino lease; and a casino operator under a casino management agreement; must, if directed by the Minister to do so, furnish to the Minister within the time stipulated by the Minister such information as the Minister thinks fit with respect to any lease, contract, agreement or arrangement ( the agreement ) written or unwritten, with any other person relating to the hotel-casino complex or the casino. Maximum penalty—200 penalty units. (sec.85-ssec.3) Without limiting the generality of subsection (2) , matters concerning which the Minister may direct the furnishing of information include— names of persons entering into the agreements; and description of any property, goods or other things or any services provided or to be provided; and value, type or nature of consideration; and operative period of the agreement. (sec.85-ssec.4) Any of them a licensee, lessee or operator as referred to in subsection (2) must, if directed by the Minister to do so, furnish to the Minister within the time stipulated by the Minister a copy of the agreement if it is in writing. Maximum penalty—200 penalty units. (sec.85-ssec.5) If the Minister, upon a review of any information or documents furnished under this section, is of the opinion that the continuance of the agreement is not in the public interest or jeopardises the integrity of gaming having regard to its terms and such other factors as to the Minister appear relevant, the Minister may issue to the licensee, lessee or operator as referred to in subsection (2) who is the party to the agreement a notice in writing requiring the licensee, lessee or operator to show cause why the agreement should not be terminated. (sec.85-ssec.6) The notice shall set out the grounds giving rise to its issue and shall stipulate a date, being not earlier than 21 days after such issue, on or before which cause is required to be shown. (sec.85-ssec.7) Where the Minister issues a notice, the Minister shall issue a copy thereof to the other party to the agreement. (sec.85-ssec.8) The licensee, lessee or operator to whom the notice is issued may give answer thereto in writing to the Minister to show cause at any time not later than the date stipulated in the notice in that respect. (sec.85-ssec.9) The other party may make such submissions to the Minister as the other party thinks fit at any time not later than that stipulated date. (sec.85-ssec.10) The Minister shall consider any answers given in reply to the notice to show cause and any submissions made by the other party and— if in the Minister’s opinion satisfactory answers are given or submissions made in reply to or in respect of the notice—the Minister shall take no further action in relation to the notice; or if in the Minister’s opinion answers given or submissions made in reply to or in respect of the notice are not satisfactory or if no answers are given and no submissions made—the Minister may direct the termination of the contract. (sec.85-ssec.11) The Minister’s direction referred to in subsection (10) (b) shall be given in writing to the parties to the agreement and shall specify a date on which the agreement is terminated under this Act if not sooner terminated. (sec.85-ssec.12) The agreement in question, if not sooner terminated by the parties to the agreement, is terminated by force of this Act on the date specified in the direction in that behalf. (sec.85-ssec.13) The termination of the agreement by force of this Act does not affect the rights and obligations of the parties thereto up to the time of such termination. (sec.85-ssec.14) No liability for breach of the agreement attaches to any party thereto by reason only of its termination by force of this Act. - (a) a casino licensee; and - (b) a lessee under a casino lease; and - (c) a casino operator under a casino management agreement; - (a) names of persons entering into the agreements; and - (b) description of any property, goods or other things or any services provided or to be provided; and - (c) value, type or nature of consideration; and - (d) operative period of the agreement. - (a) if in the Minister’s opinion satisfactory answers are given or submissions made in reply to or in respect of the notice—the Minister shall take no further action in relation to the notice; or - (b) if in the Minister’s opinion answers given or submissions made in reply to or in respect of the notice are not satisfactory or if no answers are given and no submissions made—the Minister may direct the termination of the contract.