Brisbane Casino Agreement Amendment Act 2016 (Qld)

The Parliament of Queensland enacts—

1   Short title

This Act may be cited as the Brisbane Casino Agreement Amendment Act 2016.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Act amended

This Act amends the Brisbane Casino Agreement Act 1992.

4   Amendment of s 2 (Definitions)

(1)  Section 2, definition casino agreement—
omit.

(2)  Section 2—
insert—

casino agreement means the replacement agreement, as amended from time to time under section 6.former agreement means the agreement, the terms of which are set out in schedule 2, that was—

(a)  made and varied under this Act; and

(b)  approved by regulation or ratified by the Legislative Assembly; and

(c)  in effect immediately before the replacement agreement took effect.

replacement agreement see section 5(1).

(3)  Section 2, definition Control Act, ‘1982;’—
omit, insert—

1982.

5   Amendment, relocation and renumbering of s 4 (Agreement has effect as enactment)

(1)  Section 4, heading, ‘effect as enactment’—
omit, insert—

force of law

(2)  Section 4(1), ‘an enactment of this Act’—
omit, insert—

a law of the State

(3)  Section 4—
insert—

(3)  Subsection (2) does not affect a provision of another Act that expressly deals with the interaction between the other Act and the casino agreement or this Act.

(4)  Section 4, as amended—
relocate and renumber, in part 3, before section 7, as section 6B.

6   Replacement of s 5 (Variation of casino agreement)

Section 5—
omit, insert—

Part 2A    Replacement agreement

5   Replacement agreement ratified

(1)  The former agreement ends and is replaced by the agreement (the replacement agreement) made by the Minister, on behalf of the State, and shown in schedule 1.

(2)  The replacement agreement is ratified by the Legislative Assembly for the purposes of the Control Act, section 19.

7   Amendment, relocation and renumbering of s 6 (Control Act)

(1)  Section 6, ‘casino agreement’—
omit, insert—

agreement made under section 3

(2)  Section 6, as amended—
relocate and renumber, in part 2, as section 4.

8   Insertion of new ss 6 and 6A

Part 2A, as inserted—
insert—

6   Amendment of replacement agreement

(1)  The replacement agreement may be amended by a further agreement between the parties to the replacement agreement.

(2)  If the further agreement is ratified by the Legislative Assembly, the further agreement takes effect to amend the replacement agreement.

6A   Publication of consolidated agreement

The chief executive must, from time to time, publish a document on the department’s website consolidating the replacement agreement and any further agreements made and ratified under section 6.

9   Insertion of new pt 4

After section 7—
insert—

Part 4    Savings and transitional provisions for Brisbane Casino Agreement Amendment Act 2016

8   Definitions for part

In this part—amending Act means the Brisbane Casino Agreement Amendment Act 2016.decision includes an approval, authorisation, permission, notice and order.

9   Making of replacement agreement

To remove any doubt, it is declared that—

(a)  before the commencement, the Minister was authorised to make the replacement agreement for the purposes of this Act and the Control Act; and

(b)  the former agreement does not end until the commencement even though the replacement agreement was made before the commencement.

10   Validity of former agreement etc. not affected

The commencement of the amending Act, and the making of the replacement agreement, does not affect the validity of the former agreement or anything done under the former agreement, including, for example, a decision made by a Minister under the former agreement.

11   Existing applications

(1)  This section applies to an application for an approval, authorisation or permission that, immediately before the commencement, was made to, but not decided by, a Minister under the former agreement.

(2)  The application may continue to be decided under the former agreement by the Minister administering this Act as if the amending Act had not commenced and the replacement agreement had not been made.

10   Replacement of sch (Proposed further agreements)

Schedule—
omit, insert—

Schedule 1 Replacement agreement

section 5(1)

Schedule 2 Former agreement

section 2, definition former agreement

© State of Queensland 2016