Brisbane Casino Agreement Variation Regulation 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 355 Brisbane Casino Agreement Act 1992 BRISBANE CASINO AGREEMENT VARIATION REGULATION 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Approval of proposed variation of formal agreement . . . . . . . . . . . . . . . . . . 2 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 3 FURTHER AGREEMENT

s1 2 s2 Brisbane Casino Agreement Variation No. 355, 1994 ˙ Short title 1. This regulation may be cited as the Brisbane Casino Agreement Variation Regulation 1994 . ˙ Approval of proposed variation of formal agreement 2. For the purpose of section 6 of the Act, the proposed further agreement set out in the Schedule is approved.

3 Brisbane Casino Agreement Variation No. 355, 1994 ¡ SCHEDULE FURTHER AGREEMENT section 2 THIS DEED is made on 1994. BETWEEN: THE STATE OF QUEENSLAND ( “the State” ) AND: JUPITERS LIMITED (ACN 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 Brisbane Casino AgreementAct 1992 . 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.

4 Brisbane Casino Agreement Variation No. 355, 1994 SCHEDULE (continued) 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.

5 Brisbane Casino Agreement Variation SCHEDULE (continued) SCHEDULE No. 355, 1994 PROVISIONS OF THE BRISBANE CASINO AGREEMENT Clause 1 Omit definition of “Special Facility Licence” , insert— ‘ “Special Facility Licence” means a special facility licence to be granted and administered pursuant to the LiquorAct1992 in relation to the whole of the Complex in accordance with the form set out in the Eleventh Schedule.’. New Clause 22A After clause 22, insert— ‘ 22A. General Rates. It is declared that from the date of issue of the Permit to Occupy, to the extent that the Construction Site is subject to the Permit to Occupy, the whole or a part (as the case may be) of the Construction Site is not liable to general rates under any relevant rating legislation.’. Clause 77(b) Omit, insert— ‘(b) The chief executive shall grant the Special Facility Licence without the Company being required to make an application for a licence, to demonstrate public need or to advertise under the provisions of Division 1 of Part 5 of the Liquor Act 1992 . There shall be no right available to any member of the public to object to the grant of the Special Facility Licence. Subject to the above, prior to the grant of the Special Facility Licence, the Company shall provide to the chief executive all such material as may be reasonably required by the chief executive to satisfy himself that

6 Brisbane Casino Agreement Variation No. 355, 1994 SCHEDULE (continued) the provisions of the Liquor Act 1992 have been complied with, including the nomination of a nominee under section 109 of the Liquor Act 1992 who is acceptable to the chief executive in terms of section 107(1) of the Liquor Act 1992 . For the purposes of this clause, “chief executive” has the same meaning as in the Liquor Act 1992 .’. New Schedule After the Tenth Schedule, insert— ‘ Eleventh Schedule SPECIAL FACILITY LICENCE TERMS AND CONDITIONS Licensee Jupiters Limited (ACN 010 741 045) Nominee As nominated by the Licensee and approved by the Chief Executive, Department of Tourism, Sport and Racing, subject to the usual tests under Sections 109 and 107 of the Liquor Act 1992 . Manager Conrad International Hotels Corporation Premises’ Name Hotel Conrad and Treasury Casino Licensed Area The whole of the site to which the Brisbane Casino Agreement relates (as defined in the Schedule to the Agreement) as may be modified from time to time under that Agreement. Trading Hours 24 hours per day.

7 Brisbane Casino Agreement Variation Trading Conditions SCHEDULE (continued) No. 355, 1994 1. Liquor may only be sold in circumstances provided for in Condition 2. 2. Liquor may be sold: A. In the section of the licensed premises constituting the Casino for consumption on the licensed premises at any time when the Casino is permitted to conduct gaming under the Casino Control Act 1982 ; B. In the remainder of the licensed premises: (i) to a resident or a guest of the resident (in the company of the resident), for consumption on and off the premises—at any time; (ii) to other persons: (a) for consumption on the premises—24 hours per day, except for Christmas Day (3.00 am to midnight), Good Friday (3.00 am to midnight), and ANZAC Day (3.00 am to 1.00 pm) when the sale of liquor is only to be in association with the consumer eating a meal; (b) for consumption off the premises—8.00 am to midnight, but excluding Christmas Day, Good Friday and ANZAC Day (before 1.00 pm).’. EXECUTED AS A DEED.

8 Brisbane Casino Agreement Variation SCHEDULE (continued) SIGNED by the Treasurer of THE STATE OF QUEENSLAND for and on behalf of The State of Queensland in the presence of: Witness Name of Witness (print) No. 355, 1994 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: Witness Name of Witness (print)

9 Brisbane Casino Agreement Variation ENDNOTES 1. Made by the Governor in Council on 6 October 1994. 2. Notified in the Gazette on 7 October 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Treasury Department. © State of Queensland 1994 No. 355, 1994