Casino Control (Amendment) Act 2005 (Vic)

Casino Control (Amendment) Act 2005

Act No. 47/2005

table of provisions

Section  Page

Part 1—Preliminary

1.Purpose

2.Commencement

Part 2—Amendment of the Casino Control Act 1991

3.Periodic investigations of casino operator

4.Functions of the Commission

5.Variation of agreements entered into before 19 June 2002

6.New section 170 inserted

170.Transitional provisions—Casino Control (Amendment) Act 2005

7.Statute law revision

Part 3—Amendment of the Casino (Management Agreement) Act 1993

8.Definitions

9.Insertion of new section 6H

6H.Ratification of the eighth Deed of Variation

10.Amendment of section 7

11.Insertion of Schedule 9

SCHEDULE 9—Eighth Deed Of Variation To The
Management Agreement

12.Statute law revision

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Endnotes

Casino Control (Amendment) Act 2005

[Assented to 24 August 2005]

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1.Purpose

The purpose of this Act is to amend the Casino Control Act 1991 and the Casino (Management Agreement) Act 1993—

(a)to vary the interval for the periodic review of a casino operator;

(b)to vary the matters that the Victorian Commission for Gambling Regulation must consider in the periodic review of a casino operator;

(c)to provide for amendment or variation of certain agreements;

(d)to ratify an eighth Deed of Variation to the management agreement for the Melbourne Casino;

(e)to make minor amendments of a statute law revision nature.

2.Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

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Part 2—Amendment of the Casino Control Act 1991

3.Periodic investigations of casino operator

(1)For section 25(1) of the Casino Control Act 1991 substitute—

"(1)Not later than 3 years after the commencement of operations in a casino, and thereafter at intervals not exceeding 5 years, the Commission must investigate and form an opinion as to each of the following matters—

(a)whether or not the casino operator is a suitable person to continue to hold the casino licence;

(b)whether or not the casino operator is complying with this Act, the Casino (Management Agreement) Act 1993, the Gambling Regulation Act 2003 and the regulations made under any of those Acts;

(c)in the case of the Melbourne Casino Operator, whether or not the casino operator is complying with—

(i)the transaction documents; and

(ii)any other agreements between the Melbourne Casino Operator and the State, or a body representing the State, that impose obligations on the casino operator in relation to gaming;

(d)whether or not it is in the public interest that the casino licence should continue in force.".

(2)After section 25(1) of the Casino Control Act 1991 insert—

'(1A)In sub-section (1)—

"Melbourne Casino Operator" has the same meaning as in the Casino (Management Agreement) Act 1993;

"transaction documents" means Transaction Document as defined in the Agreement within the meaning of the Casino (Management Agreement) Act 1993.'.

4.Functions of the Commission

In section 141(2)(c) of the Casino Control Act 1991—

(a)in sub-paragraph (ix), for "request." substitute "request;";

(b)after sub-paragraph (ix) insert—

"(x)investigating and reporting to the Minister on the matters referred to in section 25.".

5.Variation of agreements entered into before 19 June 2002

In section 142(4) of the Casino Control Act 1991, after "Authority" insert "or the Commission".

6.New section 170 inserted

Before the Schedules to the Casino Control Act 1991 insert—

"170.Transitional provisions—Casino Control (Amendment) Act 2005

(1)The first investigation under section 25 conducted after the commencement of the Casino Control (Amendment) Act 2005 must be conducted not later than 5 years after the last investigation under that section as in force before the commencement of that Act.

(2)Section 25 as amended by the Casino Control (Amendment) Act 2005 applies to every investigation and report conducted on or after the commencement of that Act, regardless of whether the period of investigation commenced before the commencement of that Act.".

7.Statute law revision

In section 58(2) of the Casino Control Act 1991, for—

"must—

(a)be conducted"

substitute "must be conducted".

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Part 3—Amendment of the Casino (Management Agreement) Act 1993

8.Definitions

In section 4 of the Casino (Management Agreement) Act 1993—

(a)in the definition of "the Agreement", after "seventh Deed of Variation" insert "and the eighth Deed of Variation";

(b)in the definition of "the seventh Deed of Variation", for "Schedule 8." substitute "Schedule 8;";

(c)after the definition of "the seventh Deed of Variation" insert—

' "the eighth Deed of Variation" means the deed of variation to the management agreement for the Melbourne Casino Project, a copy of which is set out in Schedule 9.'.

9.Insertion of new section 6H

After section 6G of the Casino (Management Agreement) Act 1993 insert—

"6H.Ratification of the eighth Deed of Variation

(1)The eighth Deed of Variation is ratified and takes effect as if it had been enacted in this Act.

(2)The Agreement is amended as provided in the eighth Deed of Variation.

(3)A reference in clause 2.2 of the eighth Deed of Variation to the coming into operation of the Bill is deemed to be a reference to the commencement of the Casino Control (Amendment) Act 2005.".

10.Amendment of section 7

In section 7(2) of the Casino (Management Agreement) Act 1993, after "6G(1)" insert

"or 6H(1)".

11.Insertion of Schedule 9

After Schedule 8 to the Casino (Management Agreement) Act 1993 insert—

"__________________

SCHEDULE 9

Eighth Deed Of Variation To The Management Agreement

MELBOURNE CASINO PROJECT

DEED dated 8th July 2005

BETWEENTHE HONOURABLE JOHN PANDAZOPOULOS MP, the Minister of the Crown for the time being administering the Casino Control Act 1991 acting for and on behalf of the State of Victoria ('State')

ANDCROWN LIMITED ACN 006 973 262 with its registered office at 8 Whiteman Street, Southbank, Victoria ('Company')

RECITALS

A.The State and the Company entered into an agreement dated 20 September 1993 ratified by and scheduled to the Casino (Management Agreement) Act 1993 ('Management Agreement').

B.The Management Agreement has been varied by:

(a)a deed of variation dated 14 November 1994 ratified by and scheduled to the Casino (Management Agreement) (Amendment) Act 1994 and inserted as Schedule 2 to the Casino (Management Agreement) Act 1993;

(b)a deed of variation dated 12 October 1995 ratified by and scheduled to the Casino (Management Agreement) (Further Amendment) Act 1995 and inserted as Schedule 3 to the Casino (Management Agreement) Act 1993;

(c)a deed of variation dated 3 June 1996 ratified by the Gaming Acts (Amendment) Act 1996 and inserted as Schedule 4 to the Casino (Management Agreement) Act 1993;

(d)a deed of variation dated 7 November 1996 ratified by the Casino (Management Agreement) (Amendment) Act 1996 and inserted as Schedule 5 to the Casino (Management Agreement) Act 1993;

(e)a deed of variation dated 1 October 1998 ratified by the Gaming Acts (Further Amendment) Act 1998 and inserted as Schedule 6 to the Casino (Management Agreement) Act 1993;

(f)a deed of variation dated 3 April 2000 ratified by the National Taxation Reform (Further Consequential Provisions) Act 2000 and inserted as Schedule 7 to the Casino (Management Agreement) Act 1993;

(g)a deed of variation dated 7 May 2002 ratified by the Casino (Management Agreement) (Amendment) Act 2002 and inserted as Schedule 8 to the Casino (Management Agreement) Act 1993.

C.The parties have agreed to further vary the Management Agreement as provided in this Deed of Variation.

AGREEMENT

1.Definitions

Unless the context otherwise requires or the contrary intention appears, terms defined in the Casino Control Act 1991 or the Management Agreement have the same meaning when used in this Deed.

2.Ratification and operation of provisions

2.1A Minister of the State must introduce and sponsor a Bill in the Parliament of Victoria to ratify this Deed as soon as reasonably practicable after its execution.

2.2This Deed shall come into operation once the Bill referred to in clause 2.1 has come into operation as an Act.

3.Variation of Management Agreement

The State and the Company agree to vary the Management Agreement so that:—

(a)clause 41.2(e) shall be deleted;

(b)clause 2 shall be varied by:

(i)inserting the following definitions:

"Deed of Undertaking and Guarantee" means the Deed of Undertaking and Guarantee as defined in the Casino Agreement;

"Supplemental Casino Agreement" means the Supplemental Casino Agreement as defined in the Casino Agreement; and

(ii)amending the definition of "Transaction Document" by substituting the words ", the Supplemental Operations Agreement, the Deed of Undertaking and Guarantee and the Supplemental Casino Agreement" for the words "and the Supplemental Operations Agreement"; and

(c)clause 5.1(a)(i) shall be varied by substituting the words ", the Bank Guarantees, the Deed of Undertaking and Guarantee and the Supplemental Casino Agreement" for the words "and the Bank Guarantees".

4.Force Majeure Event

None of the negotiation, preparation and execution of this Deed, its ratification under clause 2 or any of the circumstances relating to or giving rise to the creation of this Deed has or will cause or create any Government Action, Force Majeure Event or breach of obligation under any Transaction Document and the Company and the State so acknowledge.

5.Confirmation of other terms

The parties acknowledge and confirm that except as varied by this Deed the terms and conditions of the Management Agreement remain in full force and effect.

6.Entire Agreement

This Deed is the entire agreement between the parties concerning the subject matter and replaces all previous representations, communications and agreements on the subject matter.

7.General provisions

Clauses 33 and 35 to 40 (inclusive) of the Management Agreement apply to this Deed as if expressly included in this Deed.

EXECUTED as a Deed.

SIGNED SEALED AND DELIVERED by THE HONOURABLE JOHN PANDAZOPOULOS MP Minister for Gaming for and on behalf of the State of Victoria in the presence of:			üïïýïïþ	(Signature) JOHN PANDAZOPOULOS
JAMES CLAVEN (signature) Name of witness
THE COMMON SEAL of CROWN LIMITED is affixed in accordance with its articles of association in the presence of:	üïýïþ	L.S.
(Signature) …………………………………………………….. Name       ROBERT TURNER Secretary (Signature) …………………………………………………….. Name       ROWEN CRAIGIE Director"

12.Statute law revision

Insert the following heading to section 8 of the Casino (Management Agreement) Act 1993—

"Powers of Victorian Commission for Gambling Regulation".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 21 July 2005

Legislative Council: 16 August 2005

The long title for the Bill for this Act was "to amend the Casino Control Act 1991 and the Casino (Management Agreement) Act 1993 and for other purposes."