Untitled document

Casino (Management Agreement) (Amendment)

Act 1996

Act No. 62/1996

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Amendment of definitions	2
5.	Insertion of new section 6D	2

6D. Ratification of the fourth Deed of Variation 2

6.	Amendment of section 7	3
7.	Insertion of Schedule 5	3

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NOTES 7

i

Victoria

No. 62 of 1996

Casino (Management Agreement)

(Amendment) Act 1996†

[Assented to 17 December 1996]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to ratify a fourth deed
of variation to the management agreement for the

Melbourne Casino.

2. Commencement

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

Casino (Management Agreement) (Amendment) Act 1996

s. 3

Act No. 62/1996

3. Principal Act

No. 94/1993.

In this Act, the Casino (Management

Reprinted to

Agreement) Act 1993 is called the Principal Act.	No. 89/1995 and subsequently amended by
No. 17/1996.

4. Amendment of definitions

In section 4 of the Principal Act—

(a)	in the definition of "the Agreement", after "third Deed of Variation" insert "and the fourth Deed of Variation";
(b)	after the definition of "the third Deed of Variation" insert—

' "the fourth 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 5.'.

5. Insertion of new section 6D

After section 6C of the Principal Act insert—

"6D. Ratification of the fourth Deed of Variation

(1) The fourth 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 fourth Deed of Variation.

(3) A reference in clause 2.2 of the fourth Deed of Variation to the coming into operation of the Bill is deemed to be a reference to the

commencement of the Casino
(Management Agreement) (Amendment)
Act 1996.".

Casino (Management Agreement) (Amendment) Act 1996

s. 6

Act No. 62/1996

6. Amendment of section 7

In section 7(2) of the Principal Act, after "6C(1)" insert "or 6D(1)".

7. Insertion of Schedule 5

After Schedule 4 to the Principal Act insert—

'SCHEDULE 5

FOURTH DEED OF VARIATION TO THE MANAGEMENT

AGREEMENT

MELBOURNE CASINO PROJECT

DEED dated 7 November 1996

BETWEEN THE HONOURABLE ROGER M. HALLAM MLC, the

Minister of the Crown for the time being administering the Casino

Control Act acting for and on behalf of the State of Victoria ('State')

AND CROWN LIMITED ACN 006 973 262 with its registered

office at Level 1, 99 Queensbridge 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) Act 1994;
(b)	a deed of variation dated 12 October 1995 ratified by and scheduled to the Casino (Management Agreement) (Further Amendment) Act 1995; and
(c)	a deed of variation dated 3 June 1996 ratified by and scheduled to the Gaming Acts (Amendment) Act 1996.

C. The parties have agreed to further vary the Management

Agreement as provided in this document.

AGREEMENT

Casino (Management Agreement) (Amendment) Act 1996

Act No. 62/1996

1.               Definitions

Unless the context otherwise requires or the contrary intention

appears, terms defined in the Casino Control Act or the

Management Agreement have the same meaning when used in this

document.
2.	Ratification and operation of provisions
2.1	Subject to the New Drawing (as defined in clause 3) being
authorised by the Minister under section 16 of the Casino
(Management Agreement) Act 1993, a minister of the State must
introduce and sponsor a Bill in the Parliament of Victoria to ratify
this document as soon as reasonably practicable after its execution.
2.2	Clause 3 of this document shall come into operation once:
(a) the Bill referred to in clause 2.1 has come into operation as
an Act; and
(b) the period for disallowance under section 16 of the Casino (Management Agreement) Act 1993 has expired without the
changes to the Drawings contemplated by the New Drawing (as

defined in clause 3) being disallowed.

2.3	Clauses 1, 2, 4, 5, 6 and 7 of this document shall come into
operation on the date of this document.
2.4	If the conditions in clause 2.2 are not satisfied by 31 December
1996 or such later date agreed by the parties, this document other
than clause 5 will terminate. Following such termination neither
party shall have any claim against the other with respect to any
matter or thing antecedent to or arising out of or done, performed,
or omitted to be done or performed under this document.
3.	Variation of Management Agreement
Subject to the New Drawing (as defined below) being authorised
by the Minister under section 16 of the Casino (Management
Agreement) Act 1993, and to the payment by the Company to the
State of the amount referred to in clause 4.1, the State and the
Company agree to vary the Management Agreement in the
following manner:
(a) Part 4.0 of Schedule 5 is varied to the extent necessary so

that the Off-Site Works in Queensbridge Square must be

constructed in accordance with the drawing designated

'93000 ASK-0326-Revision 2' and initialled for the purposes

of identification by the State's Nominated Representative and the
Company ('New Drawing'); and

Casino (Management Agreement) (Amendment) Act 1996

s. 7

Act No. 62/1996

(b) Part 7.0 of Schedule 5 is varied to the extent necessary so

that the Off-Site Works in the Clarendon Street Plaza must

be constructed in accordance with the New Drawing.

4.               Payment to the State

4.1	In consideration of the State agreeing to amend the Management
Agreement in the manner provided in clause 3, the Company
agrees to pay to the State $469,750 ('Payment') on the date of this
document.
4.2	The Payment will be paid by the State into a Trust Account

established under Part 4 of the Financial Management Act 1994 in order that the principal and interest shall be applied by the State to works for the general improvement of facilities in the Melbourne Casino area.

4.3	If the Company fails to make the Payment on the due date, without
prejudice to any other right or	remedy arising because of that failure, the
Company must pay to the State interest	(calculated daily) on the amount in

default	(including accrued	interest) at the Default Rate for the period
from the due date until	payment is made (including all interest
due under this clause).

4.4	A breach by the Company of this clause 4 shall be taken to be a
breach of the Management Agreement for the purposes of clause
25.2 of the Management Agreement.
4.5	If clause 3 of this document does not come into operation and this

document (other than clause 5) therefore terminates, the State shall refund to the Company the amount paid to the State under this clause 4 within 5 Business Days after such termination.

5.               Force Majeure Event

The Company acknowledges that none of the negotiation,

preparation and execution of this document, its ratification under

clause 2 or any of the circumstances relating to or giving rise to the creation of this document has or will cause or create any Government Action or Force Majeure Event.

6.               Confirmation of other terms

6.1	The parties acknowledge and confirm that except as varied by this
document the terms and conditions of the Management Agreement

remain in full force and effect.

6.2	Without limiting clause 6.1, the Company acknowledges and
confirms that:
(a) subject to clause 16.3 of the Management Agreement, the

Company shall be liable for liquidated damages under clause

Casino (Management Agreement) (Amendment) Act 1996

s. 7

Act No. 62/1996

17 of the Management Agreement if the Melbourne Casino is not

Completed and open for business by the Completion Date; and

(b) the Company must comply with the requirements of clause

13.1 of the Management Agreement in relation to materials,

fittings, equipment and workmanship utilised in carrying out the
construction of the Melbourne Casino Complex.

7.               General provisions

Clauses 33 and 35 to 40 (inclusive) of the Management Agreement

apply to this document as if expressly included in this document.

EXECUTED as a deed.

SIGNED by THE HONOURABLE	)
ROGER M. HALLAM MLC for	)
and on behalf of the State of	) ROGER M. HALLAM
Victoria in the presence of	)
TIMOTHY P HENDER Signature of witness
THE COMMON SEAL of CROWN	)
LIMITED is affixed in accordance with its	) LS
articles of association in the presence of	)
ANTHONY SEYFORT	B J HAMILTON
Secretary	Director ".

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Casino (Management Agreement) (Amendment) Act 1996

Notes

Act No. 62/1996

NOTES

†

Minister's second reading speech—

Legislative Assembly: 14 November 1996

Legislative Council: 5 December 1996

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