Brisbane Casino Agreement Amendment Regulation (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 198 Brisbane Casino Agreement Act 1992 BRISBANE CASINO AGREEMENT AMENDMENT REGULATION (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Approval of proposed variation of casino agreement . . . . . . . . . . . . . . . . . . 2 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 3 FURTHER AGREEMENT

2 Brisbane Casino Agreement Amendment (No. 1) No. 198, 1993 ˙ Short title 1. This regulation may be cited as the Brisbane Casino Agreement Amendment Regulation (No. 1) 1993 . ˙ Amended regulation 2. The Brisbane Casino Agreement Regulation 1993 is amended as set out in this regulation. ˙ Approval of proposed variation of casino agreement 3. For the purpose of section 6 of the Act, the proposed further agreement set out in the Schedule is approved.

3 Brisbane Casino Agreement Amendment (No. 1) No. 198, 1993 ¡ SCHEDULE FURTHER AGREEMENT section 3 THIS DEED is made on 1993 BETWEEN THE STATE OF QUEENSLAND (“the State”) AND JUPITERS LIMITED (A.C.N. 010 741 045) a company duly incorporated and having its registered office at Level 9, Niecon Tower, 17 Victoria Avenue, Broadbeach, Queensland ( “the Company” ) RECITALS A The Company has requested the State to amend the Brisbane Casino Agreement and the State has agreed to amend the Brisbane Casino Agreement in the manner set out in this deed. OPERATIVE PROVISIONS 1 DEFINITIONS In this deed: “Brisbane Casino Agreement” means the Brisbane Casino Agreement entered into by the parties pursuant to the BrisbaneCasino Agreement Act 1992 .

4 Brisbane Casino Agreement Amendment (No. 1) No. 198, 1993 2 AMENDMENT OF BRISBANE CASINO AGREEMENT The State and the Company agree that the Brisbane Casino Agreement shall be amended in the manner set out in the schedule to this deed. 3 GOVERNING LAW The interpretation and construction of this deed shall be governed and determined in accordance with the law of the State of Queensland and the parties submit to the non-exclusive jurisdiction of the Courts of that State. Schedule PROVISIONS OF THE BRISBANE CASINO AGREEMENT Clause 6 - Clause 13(b) - Clause 15 - Clause 29(a) - Clause 37 - Clause 40(c) - After paragraph (b) insert— “(c) For the purposes of section 21 of the Control Act only, the Company shall while it is the lessee under the Special Lease in respect of the Casino be deemed to be the owner of the hotel-casino complex to be constructed pursuant to this Agreement.”; omit “than set” and insert “than as set”; omit the second paragraph commencing “Provided that the State receives...”; omit “of this Agreement” after “Part III” where twice occurring; omit “Special Lease may be granted” and insert “Special Lease is granted”; omit “Construction” and insert “construction”;

5 Brisbane Casino Agreement Amendment (No. 1) No. 198, 1993 Clause 44(c) - Clause 50(e) - Clause 52(b)(iv) - Clause 57(b)(i)A. - Clause 57(c)(iii) - Clause 57(e) - Clause 63(a) - Clause 73(c) - Clause 81 - omit “Demised Premises” and insert “demised premises”; omit “State” and insert “Crown”; after “of” insert “paragraphs”; omit “decision” and insert “Decision”; omit “57.(b)(i)” insert “57.(c)(ii)”; omit “clause 57.(b)” and insert “clauses 57.(c)(ii) and 57.(c)(iii)”; insert after “thereon).” “The Company shall provide the Minister with evidence of the existence of such policies satisfactory to the Minister on and from the date the Stored Materials are removed from the Construction Site.”; a. omit all words after “Casino Licence,” in paragraph (iii); b. at the end insert “the State shall, subject to clause 73.(d) repay to the Company or if directed by the Company to any mortgagee the amounts, if any, required to be repaid to the Company pursuant to the Financial Agreement.”; a. omit paragraphs (b) and (c); b. insert— “(b) If: (i) any distress or execution is levied against the Company which is for an amount in excess of $2,000,000.00 and which is not discharged within 20 days from the date upon which the levy is made; or (ii) subject to the provisions of clause 12, the benefit of this

6 Brisbane Casino Agreement Amendment (No. 1) No. 198, 1993 Clause 83(a)(iv)C. - Clause 83(a)(vi) - Clause 83(a)(vii) - Agreement is in any way whatsoever pledged, encumbered, mortgaged or assigned without the prior written consent of the Minister in accordance with the provisions of Section 32 of the Control Act , and the Minister shall have delivered to the Company and to any mortgagee a notice requiring the Company to remedy such circumstance and neither the company nor the mortgagee shall have remedied or taken steps to remedy such circumstance to the satisfaction of the Minister within a reasonable time (being not less than 10 days) from the date of such notice to remedy;”; c. renumber paragraph (d) as (c); after “receiver and manager” insert “not being a receiver and manager approved by the Governor in Council pursuant to Section 32(2)(b) of the Control Act ”; a. omit “the Company has not” and insert “neither the Company nor any mortgagee has”; b. after “Minister to the Company” insert “and any mortgagee”; c. after “reasonable time” insert “(being not less than 10 days)”; a. omit “such breach or default is incapable of remedy”; b. insert— “such breach or default is incapable of remedy and a receiver and manager approved

7 Brisbane Casino Agreement Amendment (No. 1) No. 198, 1993 Clause 83(c) - Clause 84(a)(iv)C. - by the Governor in Council pursuant to Section 32(2)(b) of the Control Act who has given the undertaking referred to in Clause 83(c) is not appointed within 10 days of notice by the Minister to both the Company and any mortgagee of his intention to terminate the Permit to Occupy pursuant to this clause;”; a. renumber paragraph (c) as (d); b. After clause 83(b) insert— “(c) Upon a receiver and manager approved by the Governor in Council pursuant to Section 32(2)(b) of the Control Act providing to the Minister an undertaking in a form acceptable to the Minister to comply with all of the obligations of the Company under this Agreement as regards the design, documentation, construction, Fit-out and Commissioning of the Complex the receiver and manager shall be deemed to be the permittee under the Permit to Occupy and the Permit to Occupy shall not be cancelled or suspended prior to the issue of a Special Lease in respect of the Complex provided that such receiver and manager complies with all of the obligations of the Company under this Agreement as regards the design, documentation, construction, Fit-out, Commissioning and completion of the Complex.”; after “receiver and manager” insert “not being a receiver and manager approved by the Governor in Council pursuant to Section 32(2)(b) of the Control Act ”;

8 Brisbane Casino Agreement Amendment (No. 1) No. 198, 1993 Clause 84(a)(vii) - Clause 85(a)(iii) - Clause 85(a)(vi) - Clause 85(a)(viii) - Clause 85(a) - a. omit “the Company has not” and insert “neither the Company nor any mortgagee has”; b. after “Minister to the Company” insert “and any mortgagee”; c. after “reasonable time” insert “(being not less than 10 days)”; a. omit paragraph (iii); b. insert— “(iii) Notwithstanding the provisions of Sections 19 and 21 of the Control Act or any provision of this Agreement or the Special Lease the Governor in Council shall: A. within the period of 7 days referred to in provision (i) of this sub-clause grant a casino licence to the Administrator; and B. if the Special Lease issued to the Company in respect of the Complex is terminated for any reason grant a Special Lease (substantially in the form of that set out in the Seventh Schedule) in respect of the Complex to the Administrator.”; a. omit “Administrator.”; b. insert “Administrator and the Minister shall approve an assignment of the Special Lease to the assignee of the Casino Licence in accordance with clause 78 of this Agreement.”; after “Casino Licence” insert “and Special Lease”; after (x) insert—

9 Brisbane Casino Agreement Amendment (No. 1) No. 198, 1993 “(xi) The term of any Special Lease granted pursuant to provision (iii) of this sub–clause shall expire on the last day of the Lease Period in respect of the Special Lease issued to the Company pursuant to clause 73 of this Agreement.”; SIXTH SCHEDULE Clause 13(a)(iii) - omit all words after “$130,000,000.00”; SEVENTH SCHEDULE Clause 3(a)(iii) - omit “of remedy” and insert “or remedy”; Clause 9(f) - omit and insert— “(f) The Lessee shall not be relieved of the obligation to take out the insurance specified in Clause 9(a)(ii) upon the ground that such insurance is not reasonably obtainable until the Lessee has established to the satisfaction of the Minister that such insurance is not reasonably obtainable.”; TENTH SCHEDULE Clause 10 - Multi purpose easement - omit “Special Lease” and insert “ special lease”; Clause 9 - services easement - omit “Special Lease” and insert “special lease”.

10 Brisbane Casino Agreement Amendment (No. 1) No. 198, 1993 EXECUTED AS A DEED. SIGNED by the Treasurer of THE STATE OF QUEENSLAND for and behalf of The State of Queensland in the presence of: ) ) ) ) ............................................ ................................................... Witness ............................................ Name of Witness (print) THE COMMON SEAL of ) JUPITERS LIMITED ) (ACN 010 741 045) ) was hereunto affixed in accordance with ) its articles of association ) in the presence of: ) a Director ) and ) the Secretary ) in the presence of: ) ............................................ Director ............................................ Secretary ................................................... Witness ............................................ Name of Witness (print) ENDNOTES 1. Made by the Governor in Council on 10 June 1993. 2. Notified in the Gazette on 11 June 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Treasury Department. The State of Queensland 1993