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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Casino Legislation Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--CASINO CONTROL ACT 1991 3
3 Sections 114A and 114B repealed 3
4 Interest on overdue amounts 3
PART 3--CASINO (MANAGEMENT AGREEMENT) ACT 1993 4
5 Definitions 4
6 New section 6I inserted 4
6I Ratification of the ninth Deed of Variation 4
7 Agreement to prevail if inconsistent with Casino Control Act 5
8 New Schedule 10 inserted 5
SCHEDULE 10--Ninth Deed of Variation to the Management
Project 5
PART 4--REPEAL OF AMENDING ACT 10
9 Repeal of Act 10
ENDNOTES 11
561407B.I-9/6/2009 i BILL LA INTRODUCTION 9/6/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Casino Legislation Amendment
Bill 2009
A Bill for an Act to amend the Casino Control Act 1991 and the
Casino (Management Agreement) Act 1993 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is--
(a) to amend the Casino Control Act 1991 to
5 abolish the health benefit levy from 1 July
2012;
(b) to amend the Casino (Management
Agreement) Act 1993 to ratify a ninth Deed
of Variation to the management agreement
10 for the Melbourne Casino.
561407B.I-9/6/2009 1 BILL LA INTRODUCTION 9/6/2009
Casino Legislation Amendment Bill 2009
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act (other than Part 2) comes into operation
on the day after the day on which it receives the
Royal Assent.
5 (2) Part 2 comes into operation on 1 July 2012.
__________________
561407B.I-9/6/2009 2 BILL LA INTRODUCTION 9/6/2009
Casino Legislation Amendment Bill 2009
Part 2--Casino Control Act 1991
s. 3
PART 2--CASINO CONTROL ACT 1991
3 Sections 114A and 114B repealed
Sections 114A and 114B of the Casino Control See:
Act No.
Act 1991 are repealed. 47/1991.
Reprint No. 7
as at
5 April 2006
and
amending
Act Nos
24/2006,
79/2006,
22/2007,
72/2007,
71/2008 and
3/2009.
LawToday:
www.
legislation.
vic.gov.au
5 4 Interest on overdue amounts
In section 116 of the Casino Control Act 1991--
(a) in subsection (1), for "casino tax, health
benefit levy" substitute "casino tax";
(b) in subsection (4), for "casino tax, health
10 benefit levy" substitute "casino tax".
__________________
561407B.I-9/6/2009 3 BILL LA INTRODUCTION 9/6/2009
Casino Legislation Amendment Bill 2009
Part 3--Casino (Management Agreement) Act 1993
s. 5
PART 3--CASINO (MANAGEMENT AGREEMENT) ACT 1993
5 Definitions
See: In section 4 of the Casino (Management
Act No.
94/1993. Agreement) Act 1993--
Reprint No. 3
5 as at (a) in the definition of the Agreement, after
17 May 2000
and
"eighth Deed of Variation" insert "and the
amending ninth Deed of Variation";
Act Nos
22/2002, (b) in the definition of the eighth Deed of
114/2003 and
47/2005. Variation, for "Schedule 9." substitute
10 LawToday: "Schedule 9;";
www.
legislation. (c) after the definition of the eighth Deed of
vic.gov.au
Variation insert--
"the ninth Deed of Variation means the
deed of variation to the management
15 agreement for the Melbourne Casino
Project, a copy of which is set out in
Schedule 10.".
6 New section 6I inserted
After section 6H of the Casino (Management
20 Agreement) Act 1993 insert--
"6I Ratification of the ninth Deed of Variation
(1) The ninth Deed of Variation is ratified and
takes effect as if it had been enacted in this
Act.
25 (2) The Agreement is amended as provided in
the ninth Deed of Variation.
(3) A reference in clause 2.2 of the ninth Deed
of Variation to the coming into operation of
the Bill is deemed to be a reference to the
30 commencement of Part 3 of the Casino
Legislation Amendment Act 2009.".
561407B.I-9/6/2009 4 BILL LA INTRODUCTION 9/6/2009
Casino Legislation Amendment Bill 2009
Part 3--Casino (Management Agreement) Act 1993
s. 7
7 Agreement to prevail if inconsistent with Casino
Control Act
In section 7(2) of the Casino (Management
Agreement) Act 1993, after "6H(1)" insert
5 "or 6I(1)".
8 New Schedule 10 inserted
After Schedule 9 to the Casino (Management
Agreement) Act 1993 insert--
"__________________
10 SCHEDULE 10
NINTH DEED OF VARIATION TO THE MANAGEMENT
AGREEMENT
MELBOURNE CASINO PROJECT
DEED dated 4 June 2009
15 BETWEEN THE HONOURABLE TONY ROBINSON MP, 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 MELBOURNE LIMITED ACN 006 973 262
20 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
25 (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
30 Casino (Management Agreement) Act 1993;
561407B.I-9/6/2009 5 BILL LA INTRODUCTION 9/6/2009
Casino Legislation Amendment Bill 2009
Part 3--Casino (Management Agreement) Act 1993
s. 8
(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;
5 (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
10 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;
15 (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
20 (Management Agreement) (Amendment) Act 2002 and inserted
as Schedule 8 to the Casino (Management Agreement) Act
1993;
(h) a deed of variation dated 8 July 2005 ratified by the Casino
Control (Amendment) Act 2005 and inserted as Schedule 9 to
25 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
30 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
35 2.1 A 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.
2.2 This Deed shall come into operation once the Bill referred to in
clause 2.1 has come into operation as an Act ("Operative Date").
40
561407B.I-9/6/2009 6 BILL LA INTRODUCTION 9/6/2009
Casino Legislation Amendment Bill 2009
Part 3--Casino (Management Agreement) Act 1993
s. 8
3. Variation of Management Agreement
3.1 The variations to the Management Agreement set out in clause 3.2
will come into effect on the later of the following:
(a) 1 July 2009, if the Operative Date is on or before 30 September
5 2009; or
(b) the first day of the month following the Operative Date, if the
Operative Date is after 30 September 2009,
(such date being the "Ninth Variation Commencement Date").
3.2 The State and the Company agree to vary the Management
10 Agreement so that:--
(a) clause 2 shall be varied by inserting the following definition in
its appropriate alphabetical order:
"Ninth Variation Commencement Date" has the same
meaning as in the Ninth Deed of Variation to the
15 Management Agreement;
"Table Game" means a game (including a game that is
substantially similar to an already approved game and
including, for the removal of doubt, any semi-automated,
fully automated, electronic or animated versions of such
20 games) that has, at the date of this Deed, been approved
under section 60 of the Casino Control Act as a "table
game" or at any time in the future is so approved;"
(b) paragraph 22.1 (b) (ii) shall be varied by:
(i) inserting the words "until the day before the Ninth
25 Variation Commencement Date" immediately after the
words "1 July 1997" where they appear; and
(ii) deleting the figure "21 1/4%" and substituting it with
"21.25%"; and
(iii) adding the word "and" at the end of the paragraph;
30 (c) sub-clause 22.1 (b) shall be varied by inserting the following
paragraph after paragraph (ii):
"(iii) on and from the Ninth Variation Commencement Date -
(A) 21.25% of the Gross Gaming Revenue attributable
to the operation of Table Games; plus
35 (B) 22.97% of the Gross Gaming Revenue attributable
to the operation of gaming machines;"
(d) sub-clause 22.1 (d) shall be varied by deleting the word "and"
at the end of the sub-clause;
561407B.I-9/6/2009 7 BILL LA INTRODUCTION 9/6/2009
Casino Legislation Amendment Bill 2009
Part 3--Casino (Management Agreement) Act 1993
s. 8
(e) sub-clause 22.1 (e) shall be varied by deleting the full stop at
the end of the sub-clause and substituting it with ";and" ;
(f) clause 22.1 shall be varied by inserting the following sub-
clause after sub-clause (e):
5 "(f) the casino tax payable under sub-paragraph 22.1 (iii) (B)
will be increased by 1.72% on 1 July 2010 and each
anniversary of 1 July 2010, the final such increase to
occur on and from 1 July 2014."
(g) sub-clause 22.3(b) shall be varied by:
10 (i) inserting the words "Subject to sub-clause 22.3 (c)"
immediately before the start of the subclause;
(ii) deleting the full stop at the end of the sub-clause and
substituting it with "; and"; and
(iii) inserting the following sub-clause after sub-clause (b):
15 "(c) on and from 1 July 2009, the Base Amount "R"
will be calculated pursuant to the formula in clause
22.3(b) and will also be increased and adjusted as
follows:
Review Date Increase/Addition to
Base Amount "R"
1 July 2009 $5,000,000
1 July 2010 $5,000,000
1 July 2011 $30,000,000
1 July 2012 $30,000,000
1 July 2013 $5,000,000
for the avoidance of doubt, on 1 July 2014 and on
20 each anniversary thereafter the Base Amount will
continue to be calculated in accordance with the
formula in clause 22.3(b)."
4. Force Majeure Event
None of the negotiation, preparation and execution of this Deed, its
25 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.
30
561407B.I-9/6/2009 8 BILL LA INTRODUCTION 9/6/2009
Casino Legislation Amendment Bill 2009
Part 3--Casino (Management Agreement) Act 1993
s. 8
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.
5 6. 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
TONY ROBINSON MP
(Signature)
Minister for Gaming for and on behalf TONY ROBINSON M.P.
of the State of Victoria in the presence
of:
(Signature)
..............................................................
Name of witness
KATE STEWART
THE COMMON SEAL of
CROWN MELBOURNE LIMITED is
affixed in accordance with its articles of L.S.
association in the presence of:
(Signature)
..............................................................
Name DAVID COURTNEY
Director
(Signature)
..............................................................
Name MICHAEL NEILSON
Secretary"
__________________
561407B.I-9/6/2009 9 BILL LA INTRODUCTION 9/6/2009
Casino Legislation Amendment Bill 2009
Part 4--Repeal of Amending Act
s. 9
PART 4--REPEAL OF AMENDING ACT
9 Repeal of Act
This Act is repealed on 1 July 2013.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561407B.I-9/6/2009 10 BILL LA INTRODUCTION 9/6/2009
Casino Legislation Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561407B.I-9/6/2009 11 BILL LA INTRODUCTION 9/6/2009
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