6.
(b) any bad debt to the extent recovered by the Licensee during the period".
19 Clause 6 of the CDA provides for the Licensee to pay casino duty to the Treasurer by monthly instalments. Clause 7 provides for the making of annual adjustments by way of further payment or refund at the end of each financial year. Clause 11 provides:
"If the Licensee fails to pay casino duty in accordance with this agreement, the Treasurer may by written notice require the Licensee:
(a) to make good the default; and
(b) in addition, to pay interest at 20% per annum of the outstanding amount calculated from the due date of payment daily on a cumulative basis."
20 Clause 12 of the CDA provides that the Licensee must ensure that the business of operating the casino pursuant to the casino licence is "carried on in accordance with the systems and procedures for the time being approved by the Treasurer" in respect of both "calculation and recording of gross gambling revenue and net gambling revenue in respect of gambling" and "payment of money required for the payment of casino duty or interest for late payment or non-payment of casino duty".
21 Reference was made by the State in the course of argument to an instrument described as "Control Standards for Accounting for Money and Gambling Chips", governing systems and procedures for handling, dealing with and accounting for money and gambling chips, which was approved by the Commissioner under a condition of the casino licence on 21 March 2014. However, the State did not seek to demonstrate how that subordinate instrument might legitimately bear on any issue of construction in the appeal or the cross-appeal. The instrument can therefore be put to one side. Nothing before this Court indicates that the Treasurer had approved any other systems or procedures in accordance with cl 12 of the CDA.
Electronic gambling
22 On 14 February 2014, with the approval of the Commissioner, SkyCity commenced operating electronic gaming machines ("EGMs") and automated table games ("ATGs"). EGMs and ATGs have allowed for customers to place bets by wagering electronic gaming credits recognised by machines.
