Suspension or revocation of licence, administrator may be appointed
21E Suspension or revocation of licence, administrator may be appointed
Subject to this section, when a casino gaming licence held by a party to a casino complex agreement is —
under section 21B(3)(a) suspended for a period of not less than 90 days, the Minister shall within a period of 7 days of the day of receipt by him of a request from the specified person; or
under section 21B(3)(a) or 21C revoked, the Minister shall within a period of 7 days of the day of that revocation,
appoint a person nominated by the specified person and approved by the Commission to be the administrator of the casino concerned.
Subject to this section, the Minister may on the recommendation of the Commission and shall if the specified person so requests terminate the appointment of an administrator appointed under this section and shall, if he does so and the specified person so requests, appoint on the recommendation of the Commission another person nominated by the specified person to be the administrator of the casino concerned in lieu of the administrator whose appointment is terminated.
An administrator shall operate the licensed casino concerned as the agent of the specified person or as otherwise provided in —
the relevant mortgage, charge or other encumbrance; or
any other relevant agreement approved by the Minister.
An administrator shall while he holds office as such be deemed to be the holder of a casino gaming licence in respect of the premises of the casino concerned subject to —
the same conditions (with any necessary modifications) as those to which the casino gaming licence suspended or revoked under section 21B(3)(a) or 21C is or was subject; and
any other conditions imposed by the Minister from time to time on the recommendation of the Commission.
The Commission may at the request of the specified person approve a person for the purpose of subsection (1) or (2) in advance of his appointment under that subsection.
Subject to subsection (3), an administrator —
may exercise any of the powers, and shall perform all the functions and duties, and has all the obligations, conferred or imposed on a casino licensee by or under this Act or any other Act and any relevant casino complex agreement; and
has, subject to paragraph (a), all the powers necessary or desirable for the efficient operation of the licensed casino concerned; and
ceases to hold office when —
his appointment is terminated under subsection (2); or
in the case of the suspension of a casino gaming licence under section 21B(3)(a), that suspension ends.
In this section —
specified person means —
a mortgagee or, if there is more than one mortgagee, the mortgagee having priority over the other mortgagee or mortgagees; or
if there is at the relevant time no mortgagee, a person specified for the purposes of this definition in an agreement approved by the Minister; or
if there is at the relevant time neither a mortgagee nor a person specified within the meaning of paragraph (b), the owner of the casino complex concerned.
[Section 21E inserted: No. 10 of 1985 s. 31; amended: No. 29 of 1985 s. 12; No. 74 of 1987 s. 25.]
21F. Casino licensee’s powers to mortgage, sell, assign etc. its licence, premises etc.
A casino licensee may create a mortgage, charge or other encumbrance over —
its casino gaming licence; or
the whole or any part of the premises of the casino complex concerned, including the premises of the licensed casino to which its casino gaming licence relates; or
its rights and benefits under the relevant casino complex agreement,
with the prior consent of, and in favour of a person approved by, the Minister on the recommendation of the Commission and not otherwise.
A casino licensee shall not dispose of any part of the relevant casino complex to another person unless the other person is approved by the Minister on the recommendation of the Commission.
The Minister may, on the disposition of part of a casino complex to a person approved under subsection (1a) —
release the relevant casino licensee from its obligations under the relevant casino complex agreement in respect of that part; and
by order declare that —
the relevant casino complex agreement does not apply to that part; and
that part ceases to form part of the casino complex,
which order has effect according to its tenor.
An order made under subsection (1b) is subsidiary legislation within the meaning of the Interpretation Act 1984.
A casino licensee shall not assign its casino gaming licence or any rights, benefits or obligations under the relevant casino complex agreement to another person unless the other person is approved by the Minister on the recommendation of the Commission.
An administrator shall not assign any rights, benefits or obligations under the relevant casino complex agreement, if any, to another person unless the other person is approved by the Minister on the recommendation of the Commission.
If a mortgagee wishes to enforce his security under a mortgage, charge or other encumbrance —
any receiver appointed thereunder shall be; and
the casino gaming licence concerned and any rights, benefits or obligations under a casino complex agreement shall be assigned only to,
a person approved by the Minister on the recommendation of the Commission.
The Minister may at the request of a mortgagee approve a receiver for the purpose of subsection (4)(a) in advance of his appointment under the relevant mortgage, charge or other encumbrance.
The Minister may refuse to approve a person (in this subsection called the proposed assignee) for the purpose of subsection (2), (3) or (4)(b) until —
the proposed assignee enters into an agreement with the Minister; and, additionally or alternatively,
another person with whom the Minister considers that he should enter into an agreement in connection with the assignment of a casino gaming licence to the proposed assignee (in this subsection called the proposed assignment) enters into such an agreement with the Minister,
containing such terms and conditions with respect to the proposed assignment and the proposed assignee as the Minister approves on the recommendation of the Commission.
A mortgage, charge or other encumbrance or any disposition or any assignment referred to in this section or any sale or lease made by the mortgagee or assignor or administrator shall be invalid unless approved beforehand by the Minister on the recommendation of the Commission.
In this section —
dispose of includes dispose of any estate or interest by sale, assignment, transfer, lease or licence;
receiver means receiver or receiver and manager, according to the nature of the appointment concerned.
[Section 21F inserted: No. 10 of 1985 s. 31; amended: No. 44 of 1987 s. 13; No. 74 of 1987 s. 25.]
Part IVA — Remediation of management and operation of Burswood Casino
[Heading inserted: No. 32 of 2022 s. 6.]
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