Download breakwater island casino agreement act 1984 PDF

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Table of Contents
                            TABLE OF PROVISIONS
	1 Short title
	2 Ratification of formal agreement
	3 Variation of formal agreement
	4 Agreements entered into by the Townsville Harbour Board and the CounciloftheCityofTownsville
	5 Variation of Board and Council agreements
	6 Parliament not restricted
	7 Availability of copies of Board agreement and Council agreement
	8 Regulations
SCHEDULE
Parish of Coonambelah
	1 Index to endnotes
	2 Date to which amendments incorporated
	3 Key
	4 Table of reprints
	5 List of legislation
	6 List of legislation for variation of agreement (see Act section 3)
	7 List of annotations
	8 Table of renumbered provisions
                        
Document Text Contents
Page 1

Queensland

BREAKWATER ISLAND
CASINO AGREEMENT ACT

1984

Reprinted as in force on 19 December 1994
(includes amendments up to 1994 Act No. 75)

Replacement Reprint No. 1

This reprint is prepared by
the Office of the Queensland Parliamentary Counsel

Warning—This reprint is not an authorised copy

Page 2

Information about this reprint
This Act is reprinted as at 19 December 1994. The reprint—
• shows the law as amended by all amendments that commenced on or before that day

(Reprints Act 1992 s 5(c))
• incorporates all necessary consequential amendments, whether of punctuation,

numbering or another kind (Reprints Act 1992 s 5(d)).

The reprint includes a reference to the law by which each amendment was made—see list
of legislation and list of annotations in endnotes. Also see list of legislation for any
uncommenced amendments.

Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned
in the following list have also been made to—
• use standard punctuation consistent with current drafting practice (s 27)
• use expressions consistent with current legislative drafting practice (s 29)
• relocate marginal or cite notes (s 34)
• use aspects of format and printing style consistent with current legislative drafting

practice (s 35)
• omit unnecessary referential words (s 41)
• omit the enacting words (s 42A)
• number and renumber certain provisions and references (s 43).

This page is specific to this reprint. A table of reprints is included in the endnotes.

Also see endnotes for information about—
• when provisions commenced
• editorial changes made in the reprint, including table of renumbered

provisions.

Note—see endnote 6 for list of legislation for variation of agreement in the schedule to the
Act.

Page 51

SCHEDULE (continued)

49

Breakwater Island Casino Agreement Act 1984
at any time and from time to time but always subject to the rights
of any mortgagee pursuant to its security and also the
mortgagee’s rights pursuant to the provisions of Section 32 of the
Control Act during a period of twelve (12) calendar months from
the date of the appointment of the Administrator introduce a
proposed assignee to whom the provisions of Section 32 of the
Control Act shall apply as if such assignee was proposed by a
mortgagee wishing to enforce its security;

(vi) Should the proposed assignee be acceptable to the Governor in
Council in the terms of provision (v) of this sub-clause the
Governor in Council shall terminate the appointment of the
Administrator and assign to the proposed assignee in accordance
with the procedure set out in Section 32 of the Control Act the
Casino Licence issued to the Administrator;

(vii) In the event that the Trustee and/or the Administrator are unable
to introduce an acceptable assignee as hereinbefore provided in
provision (v) of this sub-clause the Administrator shall while
continuing to operate the Casino as hereinbefore in this Clause
provided but always subject to any rights of any mortgagee
pursuant to its security and also the mortgagee’s rights pursuant
to the provisions of Section 32 of the Control Act dispose of the
Complex and arrange for the assignment of the Casino Licence at
the highest attainable price to the assignee who is approved by
the Governor in Council as if that assignee had been nominated
by a mortgagee seeking to enforce its security in accordance with
Section 32 of the Control Act;

(viii)The Casino Licence granted to an Administrator shall not be
cancelled or suspended prior to its assignment as referred to in
provision (vi) of this sub-clause but the Governor in Council may
from time to time within his discretion remove an Administrator
and appoint another Administrator in his place and shall remove
an Administrator who is not a receiver or manager approved
pursuant to Section 32 (2) (b) of the Control Act and replace him
with an Administrator who becomes so approved;

(ix) If the term of any suspension mentioned in provision (i) of this
sub-clause is reduced after a request for the appointment of an
Administrator has been made, the Governor in Council shall

Page 52

SCHEDULE (continued)

50

Breakwater Island Casino Agreement Act 1984
terminate the appointment of any Administrator he has appointed
following a request that the appointment be so terminated and:

(A) if the Trustee’s Casino Licence has been cancelled, he shall
assign to the Trustee the Casino Licence granted to the
Administrator; or

(B) if the Trustee’s Casino licence has not been cancelled, he
shall cancel the Casino Licence granted to the
Administrator;

(x) An Administrator may be appointed on such terms which are not
inconsistent with this Clause as the Governor in Council
considers desirable in the circumstances of the appointment.

(b) The parties hereto acknowledge confirm and agree that any
termination of this Agreement pursuant to the provisions of Clause 52
hereof shall not in any manner whatsoever terminate or reduce the effect of
sub-clause (a) of this Clause and the rights and obligations of the parties
and any mortgagee therein referred to shall maintain continue and be of full
force and effect as if this Agreement had not been terminated.

54. In the event that this Agreement is terminated for any reason
whatsoever or the Casino Licence to be granted pursuant to Clause 45
hereof be cancelled or suspended for any reason whatsoever then nothing
contained in this Agreement or any other statutory provision hereinbefore
mentioned in Clause 17 hereof shall preclude the Trustee or any person
claiming through or under it as the case may be from continuing to erect,
complete and use the Complex or any other of the developments referred to
in Clause 16 hereof as the case may be without any interference or
interruption by any Local Authority or by any other Corporation or
Instrumentality of the State or by any person on the grounds that such
operations are contrary to any town planning scheme or town planning
by-law of any Local Authority or any other statutory town planning
provision as if this Agreement was not so terminated or the Casino Licence
to be granted as aforesaid was not cancelled or suspended;

PROVIDED HOWEVER that no person, other than an Administrator
appointed pursuant to Clause 53 hereof, shall continue to use or operate the
Casino part of the Complex as a casino in the event that the Casino Licence
is cancelled or suspended as aforesaid.

55. The State acknowledges and agrees that the Casino liquor licence
contemplated by Clause 48 hereof shall notwithstanding any termination of

Page 101

99

Breakwater Island Casino Agreement Act 1984
Treasury Legislation Amendment Act (No. 2) 1994 No. 75 pts 1, 7
date of assent 1 December 1994
commenced on date of assent

6 List of legislation for variation of agreement (see
Act section 3)

order published gazette 22 June 1985 p 1395
commenced on date of publication

Breakwater Island Casino Agreement Variation Order 1992 SL No. 395
notfd gaz 11 December 1992 pp 1830–3
commenced on date of notification

Breakwater Island Casino Agreement Variation Regulation 1993 SL No. 347
notfd gaz 17 September 1993 pp 225–8
commenced on date of notification

Breakwater Island Casino Agreement Variation Regulation 1994 SL No. 443
notfd gaz 16 December 1994 pp 1792–4
commenced on date of notification

7 List of annotations

Variation of formal agreement
s 3 sub 1993 No. 32 s 3 sch 1

Variation of Board and Council agreements
s 5 sub 1993 No. 32 s 3 sch 1

Availability of copies of Board agreement and Council agreement
s 7 prev s 7 om 1993 No. 32 s 3 sch 1

pres s 7 (prev s 8) renum 1993 No. 32 s 3 sch 1

Regulations
s 8 pres s 8 ins 1993 No. 32 s 3 sch 1

Clarification of rezoning
s 9 ins 1994 No. 75 s 35

exp 1 December 1994 (see s 9(7))
AIA s 20A applies (see s 9(6))

Page 102

100

Breakwater Island Casino Agreement Act 1984
8 Table of renumbered provisions

TABLE OF RENUMBERED PROVISIONS

under the Reprints Act 1992 s 43

Previous Renumbered as

4(3)(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4(3)(c)
4(3)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(3)(d)

© State of Queensland 2004

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