Brisbane Casino Agreement Act 1992


Queensland Crest
Brisbane Casino Agreement Act 1992

An Act to authorise the entering into of an agreement for the development and operation of the Brisbane Casino, and for related purposes

Part 1 Preliminary

1Short title

This Act may be cited as the Brisbane Casino Agreement Act 1992 .

2Definitions

In this Act—
Brisbane Casino means a hotel-casino complex located within the following lots—
Lot 492 on Crown Plan 855445;
Lot 682 on Crown Plan 855445;
Lot 300 on Crown Plan 866930;
Lot 301 on Crown Plan 866931;
Lot 303 on Crown Plan 866933;
Lot 304 on Crown Plan 866934;
Lot 11 on Crown Plan 866932;
Lot 10 on Crown Plan B31753.

def Brisbane Casino amd 2016 No. 17 s 70

casino agreement means the replacement agreement, as amended from time to time under section 6.

def casino agreement amd 2001 No. 91 s 4 (2)

sub 2016 No. 18 s 4(1)–(2)

casino part ...

def casino part om 2001 No. 91 s 4 (1)

conduct engaged in for the purpose of making a decision ...

def conduct engaged in for the purpose of making a decision om 2001 No. 91 s 4 (1)

Control Act means the Casino Control Act 1982 .

def Control Act amd 2016 No. 18 s 4(3)

decision ...

def decision om 2001 No. 91 s 4 (1)

development ...

def development om 2001 No. 91 s 4 (1)

failure to make a decision ...

def failure to make a decision om 2001 No. 91 s 4 (1)

former agreement means the agreement, the terms of which are set out in schedule 2, that was—
(a)made and varied under this Act; and
(b)approved by regulation or ratified by the Legislative Assembly; and
(c)in effect immediately before the replacement agreement took effect.

def former agreement ins 2016 No. 18 s 4(2)

Heritage Act ...

def Heritage Act om 2001 No. 91 s 4 (1)

Land Act ...

def Land Act om 2001 No. 91 s 4 (1)

Liquor Act ...

def Liquor Act om 2001 No. 91 s 4 (1)

making of a decision ...

def making of a decision om 2001 No. 91 s 4 (1)

permitted use ...

def permitted use om 2001 No. 91 s 4 (1)

Planning Act ...

def Planning Act om 2001 No. 91 s 4 (1)

planning scheme ...

def planning scheme om 2001 No. 91 s 4 (1)

public official ...

def public official om 2001 No. 91 s 4 (1)

registered place ...

def registered place om 2001 No. 91 s 4 (1)

replacement agreement see section 5(1).

def replacement agreement ins 2016 No. 18 s 4(2)

Review Act ...

def Review Act om 2001 No. 91 s 4 (1)

site ...

def site om 2001 No. 91 s 4 (1)

special facility licence ...

def special facility licence om 2001 No. 91 s 4 (1)

State agency ...

def State agency om 2001 No. 91 s 4 (1)

Part 2 Authority to agree to develop and operate Brisbane Casino

3Minister may make agreement for Brisbane Casino

(1)The Minister is authorised to make, on behalf of the State, an agreement with a person for the development and operation of the Brisbane Casino.
(2)The Minister may make an agreement under subsection (1) only if the proposed agreement has been approved by regulation.
(3)The Minister must notify the date of the making of the agreement by Gazette notice.
(4)The Minister may not enter into an agreement under this section after the commencement of the Brisbane Casino Agreement Amendment Act 2001 , section 6.

s 3 prev s 3 om 2001 No. 91 s 5

pres s 3 (prev s 4) amd 2001 No. 91 s 6

renum 2001 No. 91 s 13

4Control Act

For the purposes of section 19 of the Control Act, the agreement made under section 3 is taken to be ratified by Parliament.

s 4 (prev s 6 (orig s 11) renum 2001 No. 91 s 13

amd 2016 No. 18 s 7(1)

renum and reloc 2016 No. 18 s 7(2)

Part 2A Replacement agreement

ins 2016 No. 18 s 6

5Replacement agreement ratified

(1)The former agreement ends and is replaced by the agreement (the replacement agreement) made by the Minister, on behalf of the State, and shown in schedule 1.
(2)The replacement agreement is ratified by the Legislative Assembly for the purposes of the Control Act, section 19.

s 5 pres s 5 (prev s 6) amd 2001 No. 91 s 7

renum 2001 No. 91 s 13

amd 2002 No. 5 s 3

sub 2016 No. 18 s 6

6Amendment of replacement agreement

(1)The replacement agreement may be amended by a further agreement between the parties to the replacement agreement.
(2)If the further agreement is ratified by the Legislative Assembly, the further agreement takes effect to amend the replacement agreement.

s 6 ins 2016 No. 18 s 8

6APublication of consolidated agreement

The chief executive must, from time to time, publish a document on the department’s website consolidating the replacement agreement and any further agreements made and ratified under section 6.

s 6A ins 2016 No. 18 s 8

Part 3 Miscellaneous

pt hdg sub 2001 No. 91 s 8

6BAgreement has force of law

(1)The casino agreement has effect as if it were a law of the State.
(2)If a provision of the casino agreement is inconsistent with an Act, the provision prevails and the Act is not effective to the extent of the inconsistency.
(3)Subsection (2) does not affect a provision of another Act that expressly deals with the interaction between the other Act and the casino agreement or this Act.

s 6B (prev s 4 (orig s 5)) renum 2001 No. 91 s 13

amd 2016 No. 18 s 5(1)–(3)

renum and reloc 2016 No. 18 s 5(4)

7Regulations

The Governor in Council may make regulations for the purposes of this Act (including the casino agreement).

s 7 prev s 7 om 2001 No. 91 s 9

pres s 7 (prev s 13) renum 2001 No. 91 s 13

Part 4 Savings and transitional provisions for Brisbane Casino Agreement Amendment Act 2016

pt hdg prev pt 4 hdg om 2001 No. 91 s 11

pres pt 4 hdg ins 2016 No. 18 s 9

8Definitions for part

In this part—amending Act means the Brisbane Casino Agreement Amendment Act 2016 .
decision includes an approval, authorisation, permission, notice and order.

s 8 prev s 8 om 2001 No. 91 s 9

pres s 8 ins 2016 No. 18 s 9

9Making of replacement agreement

To remove any doubt, it is declared that—
(a)before the commencement, the Minister was authorised to make the replacement agreement for the purposes of this Act and the Control Act; and
(b)the former agreement does not end until the commencement even though the replacement agreement was made before the commencement.

s 9 prev s 9 om 2001 No. 91 s 9

pres s 9 ins 2016 No. 18 s 9

10Validity of former agreement etc. not affected

The commencement of the amending Act, and the making of the replacement agreement, does not affect the validity of the former agreement or anything done under the former agreement, including, for example, a decision made by a Minister under the former agreement.

s 10 prev s 10 om 2001 No. 91 s 9

pres s 10 ins 2016 No. 18 s 9

11Existing applications

(1)This section applies to an application for an approval, authorisation or permission that, immediately before the commencement, was made to, but not decided by, a Minister under the former agreement.
(2)The application may continue to be decided under the former agreement by the Minister administering this Act as if the amending Act had not commenced and the replacement agreement had not been made.

s 11 ins 2016 No. 18 s 9

12[Repealed]

s 12 om 2001 No. 91 s 10

Schedule 1 Replacement agreement

section 5(1)

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sch 1 prev sch ins 2001 No. 91 s 12

amd 2002 No. 5 s 4

om 2016 No. 18 s 10

pres sch 1 ins 2016 No. 18 s 10

Schedule 2 Former agreement

section 2, definition former agreement

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sch 2 ins 2016 No. 18 s 10