Casino (Burswood Island) Agreement Act 1985 (WA)

Western Australia Casino (Burswood Island) Agreement Act 1985 Western Australia Casino (Burswood Island) Agreement Act 1985 Contents 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Certain agreements altering Agreement capable of being scheduled to Act by order 1 4. Agreement ratified and implementation authorised 1 4A. Supplementary Agreement ratified and implementation authorised 1 4B. Second Supplementary Agreement ratified and implementation authorised 1 4C. Seventh Supplementary Agreement ratified and implementation authorised 1 4D. Eighth Supplementary Agreement ratified and implementation authorised 1 4E. Eleventh Supplementary Agreement ratified and implementation authorised 1 4F. Twelfth Supplementary Agreement ratified and implementation authorised 1 4G. Fifteenth Supplementary Agreement ratified and implementation authorised 1 4H. Seventeenth Supplementary Agreement ratified and implementation authorised 1 5. Reserves Nos. 23251 and 19631 at Burswood Island cancelled 1 6. Reserve No. 27743 near Burswood Island amended 1 7. Certain planning laws modified 1 8. Survey, dedication, management etc. of certain streets 1 10. Entrenchment of clause 17A of, and Schedule B to, Agreement 1 11. Terms used in sections 12 to 17 1 12. Certain shareholdings to be notified to the Commission 1 13. Certain shareholders to be approved by the Commission 1 14. Probity approval notices, application for etc. 1 15. Probity approval notice, cancellation of 1 16. Intention to order disposal of shares, notice of 1 17. Certain shareholders may be ordered to dispose of shares 1 Schedule 1 — Casino (Burswood Island) Agreement Schedule 2 — Supplementary Agreement Schedule 3 — Second Supplementary Agreement Schedule 4 — Seventh Supplementary Agreement Schedule 5 — Third Supplementary Agreement Schedule 6 — Fourth Supplementary Agreement Schedule 7 — Fifth Supplementary Agreement Schedule 8 — Sixth Supplementary Agreement Schedule 9 — Eighth Supplementary Agreement Schedule 10 — Ninth Supplementary Agreement Schedule 11 — Tenth Supplementary Agreement Schedule 12 — Eleventh Supplementary Agreement Schedule 13 — Twelfth Supplementary Agreement Schedule 14 — Thirteenth Supplementary Agreement Schedule 15 — Fourteenth Supplementary Agreement Schedule 16 — Fifteenth Supplementary Agreement Schedule 17 — Sixteenth Supplementary Agreement Schedule 18 — Seventeenth Supplementary Agreement Notes Compilation table 1 Other notes 1 Defined terms Western Australia Casino (Burswood Island) Agreement Act 1985 An Act to ratify and authorise the implementation of an agreement entered into under section 19 of the Casino Control Act 1984 between the Minister of the Crown to whom the administration of that Act was at the relevant time committed by the Governor and the public companies West Australian Trustees Limited and Burswood Management Limited with respect to the construction and establishment of a casino complex at Burswood Island in the State; to provide for the cancellation or amendment of certain reserves, for the modification of certain planning laws, for certain streets to be surveyed, dedicated and managed and for the Liquor Licensing (Moratorium) Act 1983 2 not to apply to certain applications under the Liquor Act 1970 3; and to provide for matters incidental to or connected with the foregoing. 1. Short title This Act may be cited as the Casino (Burswood Island) Agreement Act 1985. 2. Commencement This Act shall come into operation on the day on which it is assented to by the Governor. 3. Terms used In this Act, unless the contrary intention appears — Agreement means the Agreement a copy of which is set out in Schedule 1, and, except in section 4(1) and (2), includes that Agreement as altered — (a) from time to time in accordance with its provisions; and (b) by — (i) the Supplementary Agreement; and (ii) the Second Supplementary Agreement; and (iii) the Seventh Supplementary Agreement; and (iv) the Eighth Supplementary Agreement; and (v) the Eleventh Supplementary Agreement; and (vi) the Twelfth Supplementary Agreement; and (vii) the Fifteenth Supplementary Agreement; and (viii) the Seventeenth Supplementary Agreement; Eighth Supplementary Agreement means the Eighth Supplementary Agreement, a copy of which is set out in Schedule 9; Eleventh Supplementary Agreement means the Eleventh Supplementary Agreement, a copy of which is set out in Schedule 12; Fifteenth Supplementary Agreement means the Fifteenth Supplementary Agreement, a copy of which is set out in Schedule 16; Resort Lands means the combined areas of the Resort Site and the Site as respectively defined by the Agreement; Second Supplementary Agreement means the Second Supplementary Agreement, a copy of which is set out in Schedule 3; Seventeenth Supplementary Agreement means the Seventeenth Supplementary Agreement, a copy of which is set out in Schedule 18; Seventh Supplementary Agreement means the Seventh Supplementary Agreement, a copy of which is set out in Schedule 4; Supplementary Agreement means the Supplementary Agreement, a copy of which is set out in Schedule 2; Twelfth Supplementary Agreement means the Twelfth Supplementary Agreement, a copy of which is set out in Schedule 13. [Section 3 amended: No. 44 of 1987 s. 4; No. 15 of 1990 s. 4; No. 14 of 1996 s. 4; No. 20 of 1997 s. 4; No. 51 of 2003 s. 4; No. 17 of 2008 s. 4; No. 25 of 2011 s. 4; No. 21 of 2019 s. 82; No. 4 of 2024 s. 4.] 3A. Certain agreements altering Agreement capable of being scheduled to Act by order (1) If an agreement altering the Agreement has effect under clause 5(3) of the Agreement, the Governor may, by order published in the Gazette, amend this Act to such extent as is necessary to insert in this Act a Schedule setting out a copy of the agreement that alters the Agreement. (2) Subsection (1) applies to agreements that took effect before the commencement of the Casino (Burswood Island) Agreement Amendment Act 1997 as well as to those that take effect after that commencement. [Section 3A inserted: No. 20 of 1997 s. 5.] 4. Agreement ratified and implementation authorised (1) The Agreement is hereby ratified. (2) The implementation of the Agreement is hereby authorised. (3) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Agreement shall operate and take effect notwithstanding any other Act or law. [Section 4 amended: No. 44 of 1987 s. 5.] 4A. Supplementary Agreement ratified and implementation authorised (1) The Supplementary Agreement is hereby ratified and its implementation is hereby authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Supplementary Agreement shall operate and take effect notwithstanding any other Act or law. [Section 4A inserted: No. 44 of 1987 s. 6.] 4B. Second Supplementary Agreement ratified and implementation authorised (1) The Second Supplementary Agreement is hereby ratified and its implementation is hereby authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Second Supplementary Agreement shall operate and take effect notwithstanding any other Act or law. [Section 4B inserted: No. 15 of 1990 s. 5.] 4C. Seventh Supplementary Agreement ratified and implementation authorised (1) The Seventh Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Seventh Supplementary Agreement is to operate and take effect despite any other Act or law. [Section 4C inserted: No. 20 of 1997 s. 6.] 4D. Eighth Supplementary Agreement ratified and implementation authorised (1) The Eighth Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Eighth Supplementary Agreement is to operate and take effect despite any other Act or law and, to the extent that it amends the entrenched provisions (within the meaning of section 10), despite section 10. [Section 4D inserted: No. 51 of 2003 s. 5.] 4E. Eleventh Supplementary Agreement ratified and implementation authorised (1) The Eleventh Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Eleventh Supplementary Agreement is to operate and take effect despite any other Act or law. [Section 4E inserted: No. 17 of 2008 s. 5.] 4F. Twelfth Supplementary Agreement ratified and implementation authorised (1) The Twelfth Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Twelfth Supplementary Agreement is to operate and take effect despite any other Act or law. [Section 4F inserted: No. 25 of 2011 s. 5.] 4G. Fifteenth Supplementary Agreement ratified and implementation authorised (1) The Fifteenth Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Fifteenth Supplementary Agreement is to operate and take effect despite any other Act or law. [Section 4G inserted: No. 21 of 2019 s. 83.] 4H. Seventeenth Supplementary Agreement ratified and implementation authorised (1) The Seventeenth Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Seventeenth Supplementary Agreement is to operate and take effect despite any other Act or law. [Section 4H inserted: No. 4 of 2024 s. 5.] 5. Reserves Nos. 23251 and 19631 at Burswood Island cancelled (1) Reserve No. 23251 — (a) which is classified as of Class A, contains about 39.681 0 hectares and is set apart for "Recreation"; and (b) a portion of which is vested in the City of Perth, is hereby cancelled. (2) Reserve No. 19631, which is classified as of Class C, contains about 12.549 0 hectares and is set apart for "Railway Purposes", is hereby cancelled. 6. Reserve No. 27743 near Burswood Island amended Reserve No. 27743, which is classified as of Class C, contains about 7.806 0 hectares, is set apart for "Recreation and Riverside Improvements" and is vested in the City of Perth, is hereby amended by excising an area of about 5.072 7 hectares, being that part of Reserve No. 27743 that is contained within the area shown bordered in red on Lands and Surveys 4 Miscellaneous Plan No. 1512. 7. Certain planning laws modified (1) Notwithstanding anything in the Planning and Development Act 2005 or in the Metropolitan Region Scheme but subject to any order made under subsection (2b), the Scheme does not apply to or in relation to the land within the Resort Lands. (2) Notwithstanding anything in — (a) the Local Government (Miscellaneous Provisions) Act 1960, the Local Government Act 1995 or the Planning and Development Act 2005, by‑laws made under section 248 of the Local Government Act 1960 5 as read with the Second Schedule to the Town Planning and Development Act 1928 6; or (b) the Planning and Development Act 2005, local planning schemes prepared under that Act, by the local government of the district within which the Resort Lands are situated do not, subject to any order made under subsection (2b), apply to or in relation to the land referred to in subsection (1). (2a) Whenever any land ceases to form part of the Site by virtue of an order made under section 21F(1b) of the Casino Control Act 1984, subsections (1) and (2) do not apply to or in relation to that land and that land is reserved under the Metropolitan Region Scheme for "Public Purposes — Special Use". (2b) The Minister may, on the recommendation of the Casino Control Committee established by the Casino Control Act 1984, by order declare that subsections (1) and (2) do not apply to or in relation to such part of the Resort Site as is specified in that order, and that order has effect according to its tenor. (3) An order made under subsection (2b) is subsidiary legislation within the meaning of the Interpretation Act 1984. (4) In this section — Metropolitan Region Scheme has the meaning given to that term in the Planning and Development Act 2005 section 4; Resort Site and Site have the respective meanings given by the Agreement. [Section 7 amended: No. 44 of 1987 s. 7; No. 14 of 1996 s. 4; No. 38 of 2005 s. 15.] 8. Survey, dedication, management etc. of certain streets (1) The Minister for Lands and Surveys 7 may direct that the streets delineated and shown on the Drawings as defined by the Agreement be surveyed. (2) When the Minister for Lands and Surveys 7 has made a direction under subsection (1) and the plan of a survey made in compliance with the direction is certified correct by the Surveyor General or other officer authorised in that behalf — (a) any land delineated and shown on that plan as a street shall, subject to subsection (3), be deemed to be dedicated as a street under the Local Government Act 1995; and (b) the local government of the district within which a street deemed by virtue of this subsection to be dedicated under the Local Government Act 1995 is situated has the care, control and management of that street, with effect from the date of that certification. (3) A street 6 metres or less in width shall not be dedicated under subsection (2). (4) For the purposes of sections 174 and 175 of the Land Act 1933 8, the Resort Lands shall be deemed to be land under the control of the Minister for Lands and Surveys 7. (5) In this section — street means a thoroughfare as defined in section 1.4 of the Local Government Act 1995; Minister for Lands and Surveys means the Minister of the Crown to whom the administration of the Land Act 1933 8 is for the time being committed by the Governor 7; Surveyor General means the person for the time being holding or acting in the office of Surveyor General under section 173 of the Land Act 1933 8. [Section 8 amended: No. 14 of 1996 s. 4.] [9. Omitted under the Reprints Act 1984 s. 7(4)(e).] 10. Entrenchment of clause 17A of, and Schedule B to, Agreement (1) The entrenched provisions are not to be amended or deleted. (2) Any expression — (a) used in the entrenched provisions; and (b) defined by the Agreement as the Agreement stood immediately after amendment by the Eighth Supplementary Agreement, retains its meaning as so defined despite any subsequent amendment of the Agreement. (3) In this section — entrenched provisions means clause 17A of, and Schedule B to, the Agreement. [Section 10 inserted: No. 20 of 1997 s. 7; amended: No. 51 of 2003 s. 6.] 11. Terms used in sections 12 to 17 (1) In sections 12 to 17 — approved company means a company approved under clause 17A of the Agreement; Commission has the same meaning as in the Casino Control Act 1984; probity approval notice means a notice issued by the Commission under section 14. (2) For the purposes of sections 12 to 17 a person has a relevant interest in a share if, under sections 608 and 609 of the Corporations Act 2001 of the Commonwealth, the person has a relevant interest in the share. [Section 11 inserted: No. 51 of 2003 s. 7.] 12. Certain shareholdings to be notified to the Commission (1) If a person becomes the holder of a relevant interest in more than 10% of the voting shares of an approved company, the approved company must notify the Commission in writing. (2) The notice must be given to the Commission within 30 days after the day on which the company becomes aware that the person has become the holder of a relevant interest in more than 10% of the shares. Penalty for this subsection: a fine of $250 000. [Section 12 inserted: No. 51 of 2003 s. 7; amended: No. 53 of 2024 s. 25.] 13. Certain shareholders to be approved by the Commission (1) A person must not have a relevant interest in more than 10% of the voting shares of an approved company unless the person holds a probity approval notice issued — (a) within 90 days before; or (b) within 90 days after, the day on which the person becomes the holder of a relevant interest in more than 10% of the shares. (2) The Commission may extend the period in subsection (1)(b) before it expires. (3) If the Commission extends the period in subsection (1)(b) it must promptly notify the approved company of the fact. (4) A contravention of subsection (1) is not an offence. [Section 13 inserted: No. 51 of 2003 s. 7.] 14. Probity approval notices, application for etc. (1) A person who is or intends to become the holder of a relevant interest in more than 10% of the voting shares of an approved company may apply for a probity approval notice. (2) The application must be made to the Commission in a form approved by the Commission. (3) The applicant must provide the Commission with any information that the Commission reasonably requires when dealing with the application. (4) The Commission may make any investigations it considers necessary or desirable for the purposes of dealing with the application. (5) Without limiting the matters that the Commission may investigate under subsection (4) the Commission may investigate any matter it considers necessary or desirable to inform itself of the reputation and financial status of the applicant. (6) The Commission may require an applicant to pay the reasonable costs of the Commission's investigations in connection with dealing with the application. (7) The Commission may issue the applicant with a probity approval notice if it is satisfied that the applicant is a suitable person to hold a relevant interest in more than 10% of the voting shares of an approved company. (8) The Commission may refuse to issue a probity approval notice if the applicant has not provided information required under subsection (3) or has not paid the costs required under subsection (6). (9) If the Commission issues a probity approval notice it must promptly give the approved company a copy of the notice. [Section 14 inserted: No. 51 of 2003 s. 7.] 15. Probity approval notice, cancellation of (1) If — (a) after a probity approval notice is issued to a person; and (b) before the person becomes the holder of a relevant interest in more than 10% of the voting shares of an approved company, the Commission is not satisfied the person is a suitable person to hold a relevant interest in more than 10% of the voting shares of an approved company, the Commission may cancel the probity approval notice. (2) If the Commission cancels a probity approval notice it must immediately serve the person with a written notice of the cancellation. (3) The cancellation of a probity approval notice has effect when a notice is served under subsection (2). (4) If the Commission cancels a probity approval notice it must promptly notify the approved company of the fact. [Section 15 inserted: No. 51 of 2003 s. 7.] 16. Intention to order disposal of shares, notice of (1) If the Minister is of the opinion that the power under section 17(1) should be exercised in respect of a person, the Minister must serve the person with a written notice — (a) stating that the Minister proposes to exercise the power; and (b) specifying the reasons for the Minister's opinion; and (c) advising the person of the person's entitlement under subsection (2) and the requirement under subsection (3). (2) A person served with a notice under subsection (1) may serve the Minister with written reasons as to why the power conferred on the Minister under section 17(1) should not be exercised. (3) The reasons must be served on the Minister within 14 days after the day on which the person is served with the notice under subsection (1). (4) The Minister must consider any reasons served under subsections (2) and (3). [Section 16 inserted: No. 51 of 2003 s. 7.] 17. Certain shareholders may be ordered to dispose of shares (1) If the Minister, on the advice of the Commission, is satisfied — (a) that a person has contravened section 13(1); or (b) that the holder of a probity approval notice is no longer a suitable person to hold a relevant interest in more than 10% of the voting shares of an approved company, and the Minister has complied with section 16, the Minister may serve the person with a written notice requiring the person — (c) to dispose of as many of the shares as are necessary to reduce the number of shares in which the person has a relevant interest to not more than 10% of those voting shares; and (d) to do so within the period specified in the notice. (2) A notice issued to a person under subsection (1) must be served on the person within 28 days after the day on which the person was served with a notice under section 16. (3) A person served with a notice under subsection (1) must comply with the notice. Penalty for this subsection: (a) a fine of $100 000; (b) for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $30 000. (4) If the Minister issues a notice under subsection (1) the Minister must promptly give the approved company a copy of the notice. (5) If the Minister issues a notice under subsection (1) a report of the matter must be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the Financial Management Act 2006. [Section 17 inserted: No. 51 of 2003 s. 7; amended: No. 77 of 2006 Sch. 1 cl. 19; No. 53 of 2024 s. 26.] Schedule 1 — Casino (Burswood Island) Agreement [s. 3] [Heading amended: No. 44 of 1987 s. 8; No. 19 of 2010 s. 4.] AGREEMENT INDEX 9. Clause. Page 1. Division into Parts 8 PART I — PRELIMINARY. 2. Definitions and Interpretation 8 3. Initial obligations of the State 15 4. Limitation on the liability of the Trustee 16 5. Variation 16 PART II — DEVELOPMENT OF THE RESORT AND RELATED MATTERS. 6. Obligation of the State and the Trustee 16 7. Initial obligations of the Manager 19 8. Zoning of the Site 21 9. Construction of Resort and operation of Resort Complex 21 10. Use of local professional services labour and materials 22 11. Committee's Nominated Representative 23 12. Burswood Park Technical Committee 24 13. Stage 2 24 PART III — CORPORATE ORGANISATION AND RELATED MATTERS. 14. Burswood Property Trust 25 15. The Manager 26 16. Representations and Warranties of the Manager 27 17. Conditions of the Agreement 27 18. Excess Unit Holdings 32 19. Information to be made available for inspection 32 20. Right to attend and speak at meetings of the Trust and the Manager 32 PART IV — CASINO GAMING LICENCE AND RELATED MATTERS. Clause. Page 21. Grant of Casino Gaming Licence 33 22. Authorised Games and Exclusivity 34 23. Taxes, Licence Fees and other Payments 36 24. Liquor Licences 39 PART V — SECURITY INTERESTS AND ASSIGNMENTS. 25. Mortgaging Charging and Disposition of Site 40 PART VI — TERMINATION. 26. Termination of Agreement 40 27. Effect of Termination 42 PART VII — GENERAL. 28. Restrictions resumption etc. on the Site 43 29. Prohibition against discriminatory taxes etc. 43 30. Force Majeure 44 31. Power to extend periods etc. 44 32. Indemnity 44 33. Arbitration 44 34. Waivers 45 35. Consents and Approvals not to be unreasonably withheld 45 36. Notices 46 37. Governing law 47 THIS AGREEMENT made this 20th day of February 1985 BETWEEN: THE HONOURABLE DESMOND KEITH DANS M.L.C. the Minister of the Crown for the time being charged with the administration of the Control Act acting for and on behalf of the State of Western Australia and its instrumentalities from time to time ("the State") of the first part; AND WEST AUSTRALIAN TRUSTEES LIMITED of 135 St George's Terrace Perth in the State of Western Australia as trustee of the Burswood Property Trust ("the Trustee") of the second part; AND BURSWOOD MANAGEMENT LIMITED of 8 St. George's Terrace Perth in the State of Western Australia as manager of the Burswood Property Trust ("the Manager") of the third part. WHEREAS: A. The Control Act enables the Minister acting for and on behalf of the State and its instrumentalities to inter alia enter into an agreement with a public company, whether acting on its own behalf or as a trustee or in any other capacity, with respect to the construction and establishment of a new casino complex (as defined in that Act) in the State. B. Development Proposals with respect to the construction establishment and development of the Resort, including within the Resort Complex the Burswood Casino, have been submitted to and accepted in principle by the Minister. C. The Committee has, in accordance with section 19(2) of the Control Act, carried out the investigations referred to in that Section and has, in accordance with section 19(2b) of the Control Act, reported to the Minister and has recommended to the Minister that he enter into this Agreement. D. The Minister pursuant to the power aforesaid has accordingly agreed to enter into this Agreement for the purpose of providing for and facilitating implementation of the Development Proposals and the operation of the Resort and the Resort Complex subject to and in accordance with the provisions hereinafter contained. E. For the purpose of providing for the development and construction of the Resort and the operation of the Resort Complex the respective parties thereto have entered into the Project Management Agreement and the Operation Management Agreement. F. By virtue of section 19(3) of the Control Act this Agreement is not enforceable by any Party unless and until it has been ratified by an Act. G. The State acknowledges that the establishment of the Resort is a large scale development project requiring a very large capital expenditure and that it is necessary to give to the Trustee the security and assurances contained herein to enable the provision of capital for the establishment of the Resort. NOW IT IS HEREBY AGREED AS FOLLOWS: Division into parts 10 1. This Agreement shall be divided into parts as follows: — PART I — PRELIMINARY PART II — DEVELOPMENT OF THE RESORT AND RELATED MATTERS PART III — CORPORATE ORGANISATION AND RELATED MATTERS PART IV — CASINO GAMING LICENCE AND RELATED MATTERS PART V — SECURITY INTERESTS AND ASSIGNMENTS PART VI — TERMINATION PART VII — GENERAL PART I — PRELIMINARY Definitions 10 2. In this Agreement unless otherwise expressly provided or the context otherwise indicates or requires; "advise", "agree", "apply", "approve", "authorise", "consent", "certify", "direct", "nominate", "notify", "request", "require", or "specify" means advise, authorise, agree, apply, approve, consent, certify, direct, nominate, notify, request, require, or specify in writing as the case may be and any inflexion or derivation of any of those words has a corresponding meaning; "this Agreement" means this agreement as amended from time to time in accordance with clause 5 and includes any schedule or annexure hereto; "Agreement Act" means the Bill referred to in clause 3 when that Bill is passed and comes into operation as an Act as contemplated by that clause; "Anniversary Date" means each anniversary of the date on which the Burswood Casino Licence is granted; "Authorised Game" has the meaning ascribed to that term in the Control Act; "Board" means the board to be created pursuant to clause 6(1)(c); "Burswood Casino" means those premises in the Resort Complex identified in the Drawings as the areas to constitute the casino and includes areas in which money counting, surveillance, storage and other activities related to the conduct and playing of Games are carried on; and "Burswood Casino Licence" means a Casino Gaming Licence in respect of the Burswood Casino provision for the grant of which is made in clause 21; "Burswood Property Trust" or "Trust" means the trust constituted by the Trust Deed; "Burswood Park Technical Committee" means the committee provision for the establishment of which is made in clause 12; "Casino" has the meaning ascribed to that term in the Control Act; "Casino Gross Revenue" means the total of all sums, including cheques and other negotiable instruments whether collected or not, received in any month from the conduct of Gaming, less the total of all sums paid out as winnings during that month in respect of Gaming. For the purposes of this definition: (a) any sum received for the issue of a chip for Gaming is a sum received from the conduct of Gaming and any sum paid out to redeem a chip is a sum paid out as winnings; (b) in a case in which the Committee consents to the extension of credit, the sum value of chips issued in any month on credit, whether by credit card transaction or otherwise howsoever, shall be deemed to be sums actually received in that month from the conduct of Gaming; (c) "Gaming" means Gaming in the Burswood Casino; "Casino Gaming Licence" has the meaning ascribed to that term in the Control Act; "Committee" means the Casino Control Committee established by the Control Act; "Committee's Nominated Representative" means the person or persons nominated by the Committee to the Manager pursuant to clause 11 for the purposes of that clause and the other relevant provisions of this Agreement; "Commissioning" means the checking, testing and acceptance of the operational readiness and procedures for each Phase of the Resort by the Committee and the Manager; "Commonwealth" means the Commonwealth of Australia; "Companies Code" means the Companies (Western Australia) Code; "Control Act" means the Casino Control Act 1984‑1985; "CPI" means the Consumer Price Index — All Groups — Weighted Average of Eight Capital Cities published by the Australian Bureau of Statistics, or, if the same is not published, such other similar index as the Minister may reasonably determine; "Crown" means the Crown in right of the State; "Dempster" means Dempster Nominees Pty. Ltd. a company incorporated in the State as trustee of The Dallas Dempster Family Trust; "Development Proposals" means the proposals in respect of the construction development and establishment of the Resort as detailed and set out in: (a) a report titled "Burswood Island Resort — proposal for the Casino in Western Australia" (b) a report titled "Burswood Island Resort — Development Concept" copies of which have been signed by the Parties for the purpose of identification as from time to time amended, before or after the date of this Agreement, with the approval of the Minister; "Design and Construction Programme" means the programme, as approved by the Minister pursuant to clause 7, for the design, documentation, construction, Fit‑Out, Commissioning and completion of the Resort; "Dollars" or "$" means the lawful currency for the time being of the Commonwealth; "Drawings" means the design and working drawings and specifications of and relating to the Resort including the Resort Complex and other data delivered by the Manager to and approved, or deemed to have been approved, by the Minister pursuant to clause 7 and includes all approved variations thereto as hereinafter provided; "Fit‑Out" means the application of finishing material, furniture, fittings, furnishings and such other built‑in and loose items required to bring the Resort to an operating condition; "Foundation Agreement" means the agreement dated the 20th February 1985 made between the Trustee, the Manager, Dempster, Genting WA and Tileska providing for the subscription of Units and Options; "Founders" means Dempster, Genting WA and Tileska; "Game" has the meaning ascribed to that term in the Control Act; "Gaming" has the meaning ascribed to that term in the Control Act; "Gaming Report" means the report entitled "Report of the Committee appointed to enquire into and report upon Gaming in Western Australia" as published by the Government Printer of the State in December, 1984; "Genting" means Genting Berhad, a publicly listed Malaysian Corporation; "Genting WA" means Genting (Western Australia) Pty. Limited; a wholly owned subsidiary of Genting, incorporated in Western Australia and acting in its own right or as trustee of the Genting (Western Australia) Trust; "Local Authority" means the council of a municipality that is a city, town or shire constituted under the Local Government Act 1960‑1984 within the boundaries of which the Site and the Resort Site are located; "Manager" means Burswood Management Limited or any other Person for the time being appointed, subject to the provisions of this Agreement, Manager under and pursuant to the terms of the Trust Deed; "Metropolitan Region Scheme" or "Scheme" has the meaning ascribed to that expression in the Scheme Act; "Minister" means,