Singapore Casino Control Act
PART I
PRELIMINARY
Short title and commencement
1. This Act may be cited as the Casino Control Act 2006 and shall come into
operation on such date as the Minister may, by notification in the Gazette,
appoint.
Interpretation
2. ?1) In this Act, unless the context otherwise requires ––
"appointed day" means ?
(a) in relation to this Act, the date of commencement of this Act; and
(b) in relation to a particular provision of this Act, the date of
commencement of that particular provision;
"authorised bank" means any bank authorised by the Authority for the
purposes of this Act;
"authorised person" means any person authorised to perform any function or
duty or to exercise any power under section 13 (6);
"Authority" means the Casino Regulatory Authority of Singapore established
under section 5;
"casino" means any premises, or part of premises, within a designated site
where persons may participate in one or more games approved by the Authority
in any order published under section 100;
"casino employee" means an employee having functions in or in relation to a
casino;
"casino licence" means a casino licence granted under section 49 that is in
force;
"casino operator" means a person who is the holder of a casino licence;
"casino premises" means the casino premises referred to in section 51;
"Chairman" means the Chairman of the Authority and includes any temporary
Chairman of the Authority;
"Chief Executive" means the Chief Executive of the Authority appointed under
section 13 and includes any person acting in that capacity;
"chips" means any tokens used instead of money for the purpose of gaming;
"corporation" has the same meaning as in section 4(1) of the Companies Act
(Cap. 50);
"Council" means the National Council on Problem Gambling established under
section 154;
"deposit account" means an account established under section 108(2);
"designated site" means any parcel or parcels of land designated by the
Minister under subsection (2) as a site on which a casino may be located;
"electronic monitoring system" means any electronic or computer or
communications system or device that is so designed that it may be used, or
adapted, to send or receive data from gaming equipment in relation to the
security, accounting or operation of gaming equipment;
"employ" includes engage under a contract for services;
"excluded person" means a person barred from entering or remaining on any
casino premises by ––
(a) an exclusion order under section 120, 121 or 122; or
(b) a family exclusion order or exclusion order under Part X;
"game" means a game of chance or a game that is partly a game of chance and
partly a game requiring skill;
"gaming equipment" means any device or thing (including chips) used, or
capable of being used, for or in connection with gaming and includes ––
(a) a gaming machine;
(b) linked jackpot equipment;
(c) an electronic monitoring system; and
(d) a part of, or a replacement part for, any such machine, equipment or
system;
"gaming machine" means any device, whether wholly or partly mechanically or
electronically operated, that is so designed that ––
(a) it may be used for the purpose of playing a game of chance or a game of
mixed chance and skill; and
(b) as a result of making a bet on the device, winnings may become payable,
and includes any machine declared by the Authority to be a gaming machine;
"inspector" means an inspector appointed under section 13 (5);
"jackpot" means the combination of letters, numbers, symbols or
representations required to be displayed on the reels or video screen of a
gaming machine so that the winnings in accordance with the prize payout
scale displayed on the machine are payable from money which accumulates as
contributions are made to a special prize pool;
"junket" means an arrangement whereby a person or a group of people is
introduced to a casino operator by a junket promoter who receives a
commission or other payment from the casino operator or the person for the
time being in charge of the casino;
"junket player" means a person who participates in a junket, whether or not
the person is also a premium player;
"junket promoter" means a person who organises or promotes a junket;
"linked jackpot arrangement" means an arrangement whereby 2 or more gaming
machines are linked to a device that ––
(a) records, from time to time, an amount which, in the event of a jackpot
or other result being obtained on one of those machines, may be payable, or
part of which may be payable, as winnings;
(b) for the purpose of recording the amount referred to in paragraph (a),
receives data from each gaming machine to which the device is linked; and
(c) is not capable of affecting the outcome of a game on a gaming machine to
which the device is linked;
"linked jackpot equipment" means any jackpot meter, payout display, linking
equipment, computer equipment, programming or other device (other than a
gaming machine) forming, or capable of forming, part of a linked jackpot
arrangement;
"member" means a member of the Authority;
"Minister" , except in Parts IX and X, means the Minister for Home Affairs;
"operations" , in relation to a casino, means ?
(a) the conduct of gaming in the casino;
(b) the management and supervision of the conduct of gaming in the casino;
(c) money counting in, and in relation to, the casino;
(d) accounting procedures in, and in relation to, the casino;
(e) the use of storage areas within the casino premises; and
(f) other matters affecting or arising out of activities in the casino;
"owner" , in relation to a designated site, means the person who is
registered in the land-register under the Land Titles Act (Cap. 157) as the
purchaser of a leasehold interest in the designated site;
"premium player" means a patron of a casino who maintains a deposit account
with the casino operator with a credit balance of not less than $100,000
before the commencement of play by him in the casino;
"record" includes any book, account, document, paper or other source of
information compiled, recorded or stored in written form, or on microfilm,
or by electronic process, or in any other matter or by any other means;
"share" includes stock except where a distinction between stock and shares
is express or implied;
"special employee" means a person who ?
(a) is employed or working in a casino in a managerial capacity or who is
authorised to make decisions, involving the exercise of his discretion, that
regulate the operations of a casino; or
(b) is employed or working in a casino in any capacity relating to any of
the following activities:
(i) the conduct of gaming;
(ii) the movement of money or chips about the casino premises;
(iii) the exchange of money or chips to patrons of the casino;
(iv) the counting of money or chips on the casino premises;
(v) the security and surveillance of the casino;
(vi) the operation, maintenance, construction or repair of gaming equipment;
(vii) the supervision of any of the above activities;
(viii) any other activity relating to the operations of the casino that is
specified by the Authority for the purposes of this definition by notice in
writing given to the casino operator;
"special employee licence" means a special employee licence issued by the
Authority under Part V;
"voting share" has the same meaning as in section 4 (1) of the Companies Act
(Cap. 50).
(2) For the purposes of this Act, the Minister may, by order published in
the Gazette ?br>
(a) designate any parcel or parcels of land as a site on which a casino may
be located for such period as may be specified in the order; and
(b) extend any period under paragraph (a) for such further period as may be
specified in the order.
(3) In this Act ?br>
(a) a reference to a function includes a reference to a power, authority or
duty; and
(b) a reference to the exercise of a function includes, in relation to a
duty, a reference to the performance of the duty.
Meaning of “associate?br>
3. ?1) For the purposes of this Act (other than Division 2 of Part IV), a
person is an “associate?of a casino operator or an applicant for a casino
licence if the person ?br>
(a) holds or will hold any relevant financial interest, or is or will be
entitled to exercise any relevant power (whether in right of the person or
on behalf of any other person) in the casino business of the casino operator
or applicant, and by virtue of that interest or power, is able or will be
able to exercise a significant influence over or with respect to the
management or operation of that casino business; or
(b) holds or will hold any relevant position, whether in right of the person
or on behalf of any other person, in the casino business of the casino
operator or applicant.
(2) In this section ?br>
"relevant financial interest" , in relation to a business, means ?
(a) any share in the capital of the business; or
(b) any entitlement to receive any income derived from the business;
"relevant position" , in relation to a business, means the position of
director, manager or secretary, or other executive position, however that
position is designated;
"relevant power" means any power, whether exercisable by voting or otherwise
and whether exercisable alone or in association with others ?
(a) to participate in any directorial, managerial or executive decision; or
(b) to elect or appoint any person to any relevant position.
Minister may revoke order for designated site or cancel casino licence in
public interest
4. ?1) Notwithstanding any other provision of this Act, if it appears to
the Minister to be necessary in the public interest to do so, the Minister
may, after consultation with the Authority ––
(a) revoke any order made under section 2 (2); or
(b) cancel any casino licence,
and give such directions to the Authority or the casino operator concerned
as are necessary to give effect to the revocation of the order or the
cancellation of the casino licence, as the case may be.
(2) The Authority or casino operator, as the case may be, shall give effect
to any direction given by the Minister under subsection (1).
(3) Where the Minister has revoked an order under subsection (1) (a), any
casino licence granted for a casino on the site to which that order relates
shall be deemed to be cancelled.
(4) The Minister shall pay such fair compensation as the Minister may
determine for any damage caused to the casino operator concerned by reason
of the revocation of the order or cancellation of the casino licence by the
Minister under subsection (1).
(5) If the amount of compensation to be paid under subsection (4) is
disputed by the casino operator, the dispute shall be referred to
arbitration, and parties shall be deemed as having submitted the dispute to
arbitration under the Arbitration Act (Cap. 10) to be decided in accordance
with Singapore law.
(6) Any sum required by the Minister for paying compensation under
subsection (4) shall be paid out of the Consolidated Fund.
(7) If any doubt arises as to whether any act done under this section was in
the public interest, a certificate signed by the Minister shall be
conclusive evidence of the matters stated therein.
(8) Any decision of the Minister under subsection (1) shall be final.
PART II
CASINO REGULATORY AUTHORITY OF SINGAPORE
Division 1 ?Establishment, incorporation and constitution of Authority
Establishment and incorporation of Casino Regulatory Authority of Singapore
5. There is hereby established a body to be known as the Casino Regulatory
Authority of Singapore which shall be a body corporate with perpetual
succession and shall, by that name, be capable of ?br>
(a) suing and being sued;
(b) acquiring, owning, holding and developing or disposing of property, both
movable and immovable; and
(c) doing and suffering such other acts or things as bodies corporate may
lawfully do and suffer.
Common seal
6. ?1) The Authority shall have a common seal and such seal may from time
to time be broken, changed, altered or made anew as the Authority thinks
fit.
(2) All deeds and other documents requiring the seal of the Authority shall
be sealed with the common seal of the Authority.
(3) All instruments to which the common seal is affixed shall be signed by
any 2 members generally or specially authorised by the Authority for the
purpose or by one member and the Chief Executive.
(4) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Authority affixed to any document and shall
presume that it was duly affixed.
Constitution of Authority
7. ?1) The Authority shall consist of the following members:
(a) a Chairman; and
(b) such other members, not being less than 4 or more than 16, as the
Minister may, from time to time, determine.
(2) The Schedule shall have effect with respect to the Authority, its
members and its proceedings.
Division 2 ?Functions, duties and powers of Authority
Objects of Authority
8. The objects of the Authority are to maintain and administer systems for
the licensing, supervision and control of casinos, for the purpose of ––
(a) ensuring that the management and operation of a casino is and remains
free from criminal influence or exploitation;
(b) ensuring that gaming in a casino is conducted honestly; and
(c) containing and controlling the potential of a casino to cause harm to
minors, vulnerable persons and society at large.
Functions and duties of Authority
9. ?1) Subject to the provisions of this Act, the functions and duties of
the Authority shall be to ?br>
(a) license and regulate the operation of casinos;
(b) approve any system of controls and administrative and accounting
procedures of a casino;
(c) advise the Minister concerning policy in relation to supervision and
inspection of casinos;
(d) do all things it is authorised or required to do under this Act,
including but not limited to ?br>
(i) supervising the operation of casinos, the persons responsible for such
operations and the conduct of gaming within the casinos;
(ii) ensuring that the handling, collection, disbursement and counting of
money within casino premises is supervised;
(iii) detecting offences committed within casino premises or in relation to
casinos;
(iv) receiving and investigating complaints from casino patrons concerning
the conduct of gaming in the casino;
(v) adjudicating cases of dispute between a casino operator and patrons of
the casino;
(vi) investigating the suitability of applicants for licences;
(vii) checking casino records as required;
(viii) inspecting, testing and approving gaming equipment and chips used in
casinos; and
(ix) preparing and giving to the Minister such reports concerning the
operation of casinos and the conduct of gaming in them as the Authority
thinks fit or as the Minister may request; and
(e) perform such other functions as are conferred or imposed on the
Authority by or under this Act or any other written law.
(2) The Authority may undertake such other functions and duties as the
Minister may assign to the Authority and in so doing, the Authority shall be
deemed to be fulfilling the purposes of this Act, and the provisions of this
Act shall apply to the Authority in respect of such functions and duties.
(3) Nothing in this section shall be construed as imposing on the Authority,
directly or indirectly, any form of duty or liability enforceable by
proceedings before any court to which it would not otherwise be subject.
Powers of Authority
10. ?1) Subject to the provisions of this Act, the Authority may carry on
such activities as appear to the Authority to be advantageous, necessary or
expedient for it to carry on for or in connection with the performance of
its functions and the discharge of its duties under this Act or any other
written law.
(2) Without prejudice to the generality of subsection (1), the Authority may
––
(a) conduct such investigations as may be necessary for enforcing this Act;
(b) require any person to furnish such returns and information as may be
necessary for implementing the provisions of this Act;
(c) issue or approve codes of practice relating to casino operations;
(d) publish educational materials or carry out research or other educational
activities relating to casino gaming, or to support (financially or
otherwise) the carrying out by others of such activities or the provision by
others of information or advice;
(e) enter into such contracts as may be necessary or expedient for the
purpose of performing its functions or discharging its duties;
(f) become a member or an affiliate of any international body, the
functions, objects or duties of which are similar to those of the Authority;
(g) acquire and hold property, both movable and immovable, and to sell,
lease, mortgage or otherwise dispose of the property;
(h) make provision for gratuities, pensions, allowances or other benefits
for employees or former employees of the Authority; and
(i) make provision for the specialised training of any employee of the
Authority and, in that connection, to offer scholarships to intending
trainees or otherwise pay for the cost of the training and all expenditure
incidental thereto.
(3) This section shall not be construed as limiting any power of the
Authority conferred by or under any other written law.
(4) The Authority shall furnish the Minister information with respect to its
property and activities in such manner and at such times as the Minister
may, from time to time, require.
Directions by Minister
11. The Minister may, after consultation with the Authority or otherwise,
give to the Authority such directions, not inconsistent with the provisions
of this Act, as to the performance and exercise by the Authority of its
functions, duties and powers under this Act as the Minister may consider
necessary, and the Authority shall give effect to all such directions.
Appointment of committees and delegation of powers
12. ?1) The Authority may appoint from amongst its own members or from
other persons who are not members such number of committees as it thinks fit
for purposes which, in the opinion of the Authority, would be better
regulated and managed by means of such committees.
(2) The Authority may, subject to such conditions or restrictions as it
thinks fit, delegate to any such committee appointed under subsection (1) or
to the Chairman or Chief Executive or to any other member, officer or
employee of the Authority, any of the functions or powers of the Authority
under this Act or any other written law, except ?br>
(a) the power of delegation conferred by this section; and
(b) the power to make any subsidiary legislation.
(3) Any function or power delegated under subsection (2) to any committee or
person may be performed or exercised by the committee or person to whom it
has been delegated in the name and on behalf of the Authority.
(4) No delegation under this section shall prevent the performance or
exercise of any function or power by the Authority.
Division 3 ?Provisions relating to staff and inspectors
Appointment of Chief Executive and other employees, etc.
13. ?1) The Authority shall, with the approval of the Minister, appoint a
Chief Executive on such terms and conditions as the Authority may determine.
(2) The Chief Executive shall ?br>
(a) be known by such designation as the Authority may determine;
(b) be responsible to the Authority for the proper administration and
management of the functions and affairs of the Authority in accordance with
the policy laid down by the Authority; and
(c) not be removed from office without the consent of the Minister.
(3) The Minister shall consult the Public Service Commission before granting
his approval under subsection (1) or before giving his consent under
subsection (2) (c).
(4) If the Chief Executive is temporarily absent from Singapore or
temporarily incapacitated by reason of illness or for any other reason
temporarily unable to discharge his duties, another person may be appointed
by the Authority to act in the place of the Chief Executive during any such
period of absence from duty.
(5) The Authority may, from time to time, appoint and employ on such terms
and conditions as the Authority may determine such officers, employees,
consultants, inspectors and agents as may be necessary for the effective
performance of its functions and discharge of its duties.
(6) The Authority may, from time to time, authorise any person to perform
any function or duty or to exercise any power under this Act.
Functions of inspectors
14. The functions of an inspector are as follows:
(a) for the purpose of ascertaining whether or not a casino operator is
complying with the provisions of this Act, the conditions of the casino
licence, and any direction issued by the Authority under this Act ––
(i) to inspect casino premises;
(ii) to monitor the operations of a casino; and
(iii) to examine gaming equipment used in a casino and records kept in
relation to a casino;
(b) to monitor the handling and counting of money on casino premises;
(c) to assist in any other manner, where necessary, in the detection of
offences committed under this Act on casino premises;
(d) to receive and investigate complaints from casino patrons relating to
the conduct of gaming;
(e) to report to the Authority regarding the operations of a casino; and
(f) to perform any other functions as are conferred on inspectors under this
Act.
Powers of inspectors
15. ?1) An inspector may do any one or more of the following:
(a) require any person in possession of, or having control of, any
machinery, equipment or records relating to the operations of a casino to
produce the machinery, equipment or records for inspection and to answer
questions or provide information relating to the machinery, equipment or
records;
(b) inspect any machinery, equipment or records referred to in paragraph (a)
and take copies of, extracts from, or notes relating to, those records;
(c) if the inspector considers it necessary to do so for the purpose of
obtaining evidence of the commission of an offence, seize any machinery,
equipment or records;
(d) stop any game conducted in a casino;
(e) by written notice require ?br>
(i) the holder of any casino licence, special employee licence, junket
promoter"s licence, or other authorisation under this Act;
(ii) an employee of a person referred to in sub-paragraph (i); or
(iii) any other person associated with operations or their management in
premises the inspector is authorised to enter,
to attend before the inspector at a specified time and place and to answer
questions, or to provide information within a reasonable period specified in
the notice, with respect to any activity regulated by this Act;
(f) examine and test any machinery or equipment referred to in paragraph (a)
and order the person in charge of the machinery or equipment to withdraw it
from use if it is unsatisfactory for use;
(g) investigate any complaint from a patron of a casino relating to the
conduct of any activity regulated by this Act;
(h) any other thing authorised by this Act to be done by an inspector.
(2) If an inspector seizes any thing under this section, it may be retained
by the inspector until the completion of any proceedings (including
proceedings on appeal) in which it may be evidence but, in the case of
records, the person from whom the records were seized shall be permitted to
inspect and make copies of the records.
(3) Subsection (2) ceases to have effect in relation to things seized if, on
the application of a person aggrieved by the seizure, the court in which
proceedings referred to in that subsection are instituted so orders.
Power to require names and addresses
16. ?1) An inspector who exercises a right of entry to casino premises
under section 118 or under a search warrant may require a person on the
premises to state the person"s full name and residential address.
(2) An inspector is not authorised to require a person to state his name or
address unless the inspector ?br>
(a) suspects on reasonable grounds that the person has committed an offence;
and
(b) has informed the person, at the time of stating the requirement, that it
is an offence to fail to comply with the requirement.
(3) Any person who fails to comply with a requirement made under subsection
(1) shall be guilty of an offence.
Seizure and forfeiture of equipment, etc.
17. ?1) An inspector may seize ––
(a) any thing that the inspector reasonably suspects is gaming equipment
that is not authorised under this Act to be on the casino premises; or
(b) any article or thing the use or possession of which is unlawful.
(2) A police officer or an inspector may apply to a court upon completion of
the investigation in relation to any item seized under subsection (1) for an
order that the item seized under that subsection be forfeited to the
Authority.
(3) On an application under subsection (2), the court shall order that the
item be forfeited to the Authority if the court is satisfied that the item
is ––
(a) gaming equipment that is not authorised under this Act to be on the
casino premises; or
(b) an article or thing the use or possession of which is unlawful,
as the case may be, regardless of whether a charge has been filed in
relation to the item or whether a person has been convicted of an offence in
relation to the item.
(4) Any item forfeited under this section shall be disposed of in accordance
with any direction of the court.
Division 4 ?Financial provisions
Funds and property of Authority
18. The funds and property of the Authority shall consist of ?br>
(a) grants made under section 21;
(b) all fees, fines, composition sums and financial penalties paid into the
funds of the Authority under this Act;
(c) all moneys paid to the Authority for the purposes of the Authority;
(d) all moneys paid to the Authority by way of grants, subsidies, donations,
gifts and contributions;
(e) all moneys received by the Authority by way of charges and fees for
services rendered by the Authority to any person;
(f) all moneys, dividends, royalties, interest or income received from any
transaction made pursuant to the powers conferred on the Authority under
this Act or any other written law;
(g) all moneys borrowed by the Authority under this Act;
(h) all other moneys and property lawfully received by the Authority for the
purposes of the Authority; and
(i) all accumulations of income derived from any such property or money.
Financial year
19. The financial year of the Authority shall begin on 1st April of each
year and end on 31st March of the succeeding year, except that the first
financial year of the Authority shall begin on the appointed day and end on
31st March of the succeeding year.
Moneys recovered or collected by Authority
20. Except where otherwise provided, all moneys recovered and charges, fees,
fines, composition sums and financial penalties collected by the Authority
under this Act shall be paid into and form part of the moneys of the
Authority.
Grants-in-aid
21. For the purpose of enabling the Authority to perform its functions and
discharge its duties under this Act, the Minister may, from time to time,
make grants-in-aid to the Authority of such sums of money, as the Minister
may determine, out of moneys to be provided by Parliament.
Power to borrow
22. ?1) For the performance of its functions or discharge of its duties
under this Act or any other written law, the Authority may, from time to
time, raise loans from the Government or, with the approval of the Minister,
raise loans within or outside Singapore from such source as the Minister may
direct by ?br>
(a) mortgage, overdraft or other means, with or without security;
(b) charge, whether legal or equitable, on any property vested in the
Authority or on any other revenue receivable by the Authority under this Act
or any other written law; or
(c) the creation and issue of debentures, bonds or any other instrument as
the Minister may approve.
(2) For the purposes of this section, the power to raise loans shall include
the power to make any financial agreement whereby credit facilities are
granted to the Authority for the purchase of goods, materials or things.
Issue of shares, etc.
23. As a consequence of the vesting of any property, rights or liabilities
of the Government in the Authority under this Act, or of any capital
injection or other investment by the Government in the Authority in
accordance with any written law, the Authority shall issue such shares or
other securities to the Minister for Finance as that Minister may, from time
to time, direct.
Bank account
24. ?1) The Authority shall open and maintain an account with such bank as
the Authority thinks fit.
(2) Every such account shall be operated by such person as may, from time to
time, be authorised in that behalf by the Authority.
Application of moneys
25. The moneys of the Authority shall be applied only in payment or
discharge of the expenses, obligations and liabilities of the Authority and
in making any payment that the Authority is authorised or required to make.
Power of investment
26. The Authority may invest its moneys in accordance with the standard
investment power of statutory bodies as defined in section 33A of the
Interpretation Act (Cap. 1).
Accounts
27. The Authority shall keep proper accounts and records of its transactions
and affairs and shall do all things necessary to ensure that ?br>
(a) all payments out of its moneys are correctly made and properly
authorised; and
(b) adequate control is maintained over the assets of, or in the custody of,
the Authority and over the expenditure incurred by the Authority.
Audit of accounts
28. ?1) The accounts of the Authority shall be audited by the
Auditor-General or such other auditor as may be appointed annually by the
Minister in consultation with the Auditor-General (referred to in this Act
as the auditor).
(2) A person shall not be qualified for appointment as an auditor under
subsection (1) unless he is a public accountant who is registered or deemed
to be registered under the Accountants Act (Cap. 2).
(3) The Authority shall, as soon as practicable after the close of each
financial year, prepare and submit the financial statements in respect of
that year to the auditor who shall audit and report on them.
(4) The auditor shall in his report state ?br>
(a) whether the financial statements show fairly the financial transactions
and the state of affairs of the Authority;
(b) whether proper accounting and other records have been kept, including
records of all assets of the Authority whether purchased, donated or
otherwise;
(c) whether the receipts, expenditure and investment of moneys and the
acquisition and disposal of assets by the Authority during the financial
year were in accordance with the provisions of this Act; and
(d) such other matters arising from the audit as he considers necessary.
(5) The auditor shall, as soon as practicable after the accounts have been
submitted for audit, send a report of his audit to the Authority.
(6) The auditor shall submit such periodical and special reports to the
Minister and to the Authority as may appear to him to be necessary or as the
Minister or the Authority may require.
Powers of auditor
29. ?1) The auditor or any person authorised by him shall be entitled at
all reasonable times to full and free access to all accounting and other
records relating, directly or indirectly, to the financial transactions of
the Authority.
(2) The auditor or any person authorised by him may make copies of, or take
extracts from, any such accounting or other records.
(3) The auditor or any person authorised by him may require any person to
furnish him with such information in the possession of that person or to
which that person has access as the auditor or the person authorised by him
considers necessary for the performance of his functions under this Act.
(4) Any person who ?br>
(a) refuses or fails, without any reasonable cause, to allow the auditor or
any person authorised by the auditor access to any accounting and other
records of the Authority in his custody or power;
(b) refuses or fails, without any reasonable cause, to give any information
possessed by him as and when required by the auditor or person authorised by
the auditor; or
(c) hinders, obstructs or delays the auditor or any person authorised by the
auditor in the performance of his functions, shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $1,000 and, in the
case of a continuing offence, to a further fine not exceeding $100 for every
day or part thereof during which the offence continues after conviction.
Presentation of financial statements and auditor’s report to Parliament
30. ?1) The Authority shall, as soon as its accounts and financial
statements have been audited in accordance with the provisions of this Act,
send to the Minister a copy of the audited financial statements, signed by
the Chairman, together with a copy of the auditor’s report.
(2) Where the Auditor-General is not the auditor of the Authority, a copy of
the audited financial statements and any report made by the auditor shall be
forwarded to the Auditor-General at the same time they are submitted to the
Authority.
(3) The Minister shall, as soon as practicable, cause a copy of the audited
financial statements and of the auditor"s report referred to in subsection
(1) to be presented to Parliament.
Division 5 ?General
Annual report
31. ?1) The Authority shall, as soon as practicable after the end of each
financial year, cause to be prepared and transmitted to the Minister a
report dealing generally with the activities of the Authority during the
preceding financial year and containing such information relating to the
proceedings and policy of the Authority as the Minister may, from time to
time, direct.
(2) The Minister shall, as soon as practicable, cause a copy of every such
report to be presented to Parliament.
Symbol or representation of Authority
32. ?1) The Authority shall have the exclusive right to the use of such
symbol or representation as the Authority may select or devise and
thereafter display or exhibit such symbol or representation in connection
with its activities or affairs.
(2) Any person who uses a symbol or representation identical with that of
the Authority, or which so resembles the Authority’s symbol or
representation as to deceive or cause confusion, or to be likely to deceive
or to cause confusion, shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding $5,000 or to imprisonment for a term not
exceeding 6 months or to both and, in the case of a continuing offence, to a
further fine not exceeding $250 for every day or part thereof during which
the offence continues after conviction.
Division 6 ?Transfer of property, assets, liabilities and employees
Transfer to Authority of property, assets and liabilities
33. ?1) As from the appointed day, such movable and immovable property
vested in the Government as may be determined by the Minister for Finance
and used or managed by the Ministry of Home Affairs and such assets,
interests, rights, privileges, liabilities and obligations of the Government
as may be determined by the Minister for Finance relating to the Ministry of
Home Affairs shall be transferred to and shall vest in the Authority without
further assurance, act or deed.
(2) If any question arises as to whether any particular property, asset,
interest, right, privilege, liability or obligation has been transferred to
or vested in the Authority under subsection (1), a certificate under the
hand of the Minister for Finance shall be conclusive evidence that the
property, asset, interest, right, privilege, liability or obligation was or
was not so transferred or vested.
(3) Any immovable property to be transferred to and vested in the Authority
under subsection (1) shall be held by the Authority upon such tenure and
subject to such terms and conditions as the President may determine.
(4) Every agreement relating to any of the transferred properties to which
the Government was a party immediately before the appointed day, whether or
not of such nature that the rights and liabilities thereunder could be
assigned, shall have effect as from that day as if ?br>
(a) the Authority had been a party to such an agreement; and
(b) for any reference to the Government there were substituted in respect of
anything to be done on or after the appointed day a reference to the
Authority.
Transfer of employees
34. ?1) As from the appointed day, such persons or categories of persons as
the Minister may determine who, immediately before that day, were employed
by the Government shall be transferred to the service of the Authority on
terms no less favourable than those enjoyed by them immediately prior to
their transfer.
(2) If any question arises as to whether any person or any category of
persons has been transferred to the service of the Authority under
subsection (1), a certificate under the hand of the Minister shall be
conclusive evidence that the person or category of persons was or was not so
transferred.
(3) Until such time as terms and conditions of service are drawn up by the
Authority, the terms and conditions of service in the Government shall
continue to apply to every person transferred to the service of the
Authority under subsection (1) as if he were still in the service of the
Government.
(4) Notwithstanding the provisions of the Pensions Act (Cap. 225), no person
who is transferred to the service of the Authority under this section shall
be entitled to claim any benefit under that Act on the ground that he has
been retired from the public service on account of abolition or
reorganisation of office in consequence of the establishment of the
Authority.
Service rights, etc., of transferred employees to be preserved
35. ?1) The terms and conditions to be drawn up by the Authority shall take
into account the salaries and terms and conditions of service, including any
accrued rights to leave, enjoyed by the persons transferred to the service
of the Authority under section 34 while in the employment of the Government.
(2) Any term or condition relating to the length of service with the
Authority shall recognise the length of service of the persons so
transferred while in the employment of the Government to be service with the
Authority.
(3) Nothing in the terms and conditions of service to be drawn up by the
Authority shall adversely affect the conditions that would have been
applicable to persons transferred to the service of the Authority as regards
any pension, gratuity or allowance payable under the Pensions Act (Cap.
225).
(4) Where a person has been transferred to the service of the Authority
under section 34, the Government shall be liable to pay to the Authority
such portion of any pension, gratuity or allowance payable to the person on
his retirement as the same shall bear to the proportion which the aggregate
amount of his pensionable emoluments during his service with the Government
bears to the aggregate amount of his pensionable emoluments during his
service under both the Government and the Authority.
(5) Where any person in the service of the Authority, whose case does not
fall within the scope of any pension or other schemes established under this
section, retires or dies in the service of the Authority or is discharged
from such service, the Authority may grant to him or to such other person or
persons wholly or partly dependent on him, as the Authority thinks fit, such
allowance or gratuity as the Authority may determine.
Existing contracts
36. All deeds, schemes, bonds, agreements, instruments and arrangements
subsisting immediately before the appointed day to which the Government is a
party and relating to any person transferred to the service of the Authority
under section 34 shall continue in force on and after that day and shall be
enforceable by or against the Authority as if the Authority had been named
therein or had been a party thereto instead of the Government.
Pending proceedings
37. Any proceedings or cause of action relating to the portion of the
property, assets, interests, rights, privileges, liabilities and obligations
transferred to the Authority under section 33 or to any employee transferred
to the service of the Authority under section 34 pending or existing
immediately before the appointed day by or against the Government, or any
person acting on its behalf, may be continued and shall be enforced by or
against the Authority.
Continuation and completion of disciplinary proceedings
38. ?1) Where, on the appointed day, any disciplinary proceedings were
pending against any employee of the Government transferred to the service of
the Authority, the proceedings shall be carried on and completed by the
Authority.
(2) Where, on the appointed day, any matter was in the course of being heard
or investigated or had been heard or investigated by a committee acting
under due authority but no order, ruling or direction had been made thereon,
the committee shall complete the hearing or investigation and shall make
such order, ruling or direction as it could have made under the authority
vested in it before that day.
(3) Any order, ruling or direction made by a committee under this section
shall be treated as an order, a ruling or a direction of the Authority and
have the same force or effect as if it had been made by the Authority under
this Act.
Misconduct or neglect of duty by employee before transfer
39. The Authority may reprimand, reduce in rank, retire, dismiss or punish
in some other manner a person who had, whilst he was in the employment of
the Government, been guilty of any misconduct or neglect of duty which would
have rendered him liable to be reprimanded, reduced in rank, retired,
dismissed or punished in some other manner if he had continued to be in the
employment of the Government, and if this Act had not been enacted.
PART III
LICENSING OF CASINOS
Certain contracts in relation to gaming valid and enforceable
40. Section 5 (1) and (2) of the Civil Law Act (Cap. 43) shall not apply in
relation to ?br>
(a) any contract entered into with a casino operator or his agent for the
playing in the casino of a game that is conducted by or on behalf of the
casino operator or his agent, as the case may be, at any time while the
casino licence is in force;
(b) any contract entered into with a casino operator or his agent for the
use of a gaming machine in the casino, at any time while the casino licence
is in force; and
(c) any contract for any transaction permitted under section 108, at any
time while the casino licence is in force.
Two casinos only
41. ?1) The Authority shall, during the period of 10 years commencing from
the date on which a second site for a casino is designated by an order made
under section 2 (2), ensure that there are not more than 2 casino licences
in force under this Act at any particular time.
(2) A casino licence is to apply to one casino only.
Main shareholder of casino operator not to divest stake or participate in
other casino for certain period
42. ?1) During the period of 10 years commencing from the date on which a
second site for a casino is designated by an order made under section 2 (2)
––
(a) the main shareholder of a casino operator shall not, without the prior
written approval of the Authority, transfer or dispose of any part of his
stake in the casino operator to the extent that after the transfer or
disposal, the percentage of the total votes attached to his stake in the
casino operator ––
(i) is less than 20% of the total votes attached to all voting shares in the
casino operator; or
(ii) is equal to or less than the percentage of the total votes attached to
the stake of any other stakeholder in the casino operator; and
(b) no person other than the main shareholder of a casino operator shall,
without the prior written approval of the Authority, acquire any stake in
the casino operator to the extent that after the acquisition, the percentage
of the total votes attached to the stake of that person in the casino
operator ––
(i) is equal to or more than 20% of the total votes attached to all voting
shares in the casino operator; and
(ii) is equal to or more than the percentage of the total votes attached to
the main shareholder"s stake in the casino operator.
(2) The main shareholder of a casino operator shall not, at any time there
are only 2 casinos in Singapore ––
(a) acquire or hold any stake in the other casino operator;
(b) participate in the management or operation of the other casino operator,
whether by nominating or appointing any director or officer of the other
casino operator or otherwise; or
(c) enter into any agreement for the management or operation of the other
casino.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an
offence and shall be liable on conviction ––
(a) in the case of an individual, to a fine not exceeding $125,000; or
(b) in any other case, to a fine not exceeding $250,000.
(4) Without prejudice to subsection (3), the Minister may, by notice in
writing, do one or more of the following:
(a) where the Minister is satisfied that the main shareholder of a casino
operator has contravened subsection (1) (a), direct the main shareholder to
acquire a stake in the casino operator, in such manner, within such time and
subject to such conditions as may be specified in the notice, to the extent
that after the acquisition, the percentage of the total votes attached to
his stake in the casino operator ––
(i) is equal to or more than 20% of the total votes attached to all voting
shares in the casino operator; and
(ii) is more than the percentage of the total votes attached to the stake of
every other stakeholder in the casino operator;
(b) where the Minister is satisfied that any person has contravened
subsection (1) (b) or (2) (a), direct that person to transfer or dispose of
the whole or any part of his stake in the casino operator which has been
acquired or held in contravention of that provision in such manner, within
such time and subject to such conditions as may be specified in the notice;
(c) where the Minister is satisfied that the main shareholder of a casino
operator has contravened subsection (2) (b), direct the main shareholder to
cease all participation in contravention of that provision within such time
as may be specified in the notice;
(d) where the Minister is satisfied that the main shareholder of a casino
operator has contravened subsection (2) (c), direct the main shareholder to
terminate any agreement made in contravention of that provision within such
time as may be specified in the notice;
(e) give such other direction as the Minister considers appropriate.
(5) Any person who fails, without reasonable excuse, to comply with a
direction made under subsection (4) shall be guilty of an offence and shall
be liable on conviction ––
(a) in the case of an individual, to a fine not exceeding $12,500 for every
day or part thereof that he fails to comply with the direction; or
(b) in any other case, to a fine not exceeding $25,000 for every day or part
thereof that he fails to comply with the direction.
(6) Where any direction has been made under subsection (4) (b), then, until
a transfer or disposal is effected in accordance with the direction, and
notwithstanding anything in the Companies Act (Cap. 50) or in the memorandum
or articles of association of the casino operator ––
(a) no voting rights shall be exercisable in respect of any voting shares in
the casino operator which are comprised in any part of any stake in the
casino operator acquired or held in contravention of subsection (1) (b) or
(2) (a) (referred to in this subsection as the relevant shares), unless the
Minister expressly permits such rights to be exercised;
(b) no shares in the casino operator shall be issued or offered (whether by
way of rights, bonus or otherwise) in respect of the relevant shares unless
the Minister expressly permits such issue or offer; and
(c) except in a liquidation of the casino operator, no payment shall be made
by the casino operator of any amount (whether by way of dividends or
otherwise) in respect of the relevant shares unless the Minister expressly
permits such payment.
(7) For the purposes of this section ?br>
(a) a person holds a stake in a casino operator if he ?br>
(i) holds any voting share in the casino operator; or
(ii) is deemed under subsection (8) to control any percentage of the total
votes attached to all voting shares in the casino operator; and
(b) the percentage of the total votes attached to a person’s stake in a
casino operator at a particular time is the aggregate of ?br>
(i) the percentage which represents the proportion that the votes attached
to the voting shares which he holds in the casino operator at that time bear
to the total votes attached to all voting shares in the casino operator at
that time; and
(ii) every percentage of the total votes attached to all voting shares in
the casino operator which he is deemed under subsection (8) to control at
that time.
(8) For the purposes of this section, if ?br>
(a) a person ?br>
(i) holds one or more units of equity interests in an entity (referred to in
this subsection as the first level entity) and by virtue of that holding
controls; or
(ii) is deemed under this subsection to control,
a certain percentage (referred to in this subsection as the first level
percentage) of the total votes attached to all equity interests in the first
level entity; and
(b) the first level entity holds one or more units of equity interests in
another entity (referred to in this subsection as the second level entity)
and by virtue of that holding controls a certain percentage (referred to in
this subsection as the second level percentage) of the total votes attached
to all equity interests in the second level entity,
then the person shall be deemed to control a percentage of the total votes
attached to all equity interests in the second level entity which is equal
to the product of the first level percentage and the second level
percentage.
(9) In this section ––
"business trust" has the same meaning as in section 2 of the Business Trusts
Act (Cap. 31A);
"entity" includes a corporation, an unincorporated association, a sole
proprietorship, a partnership, a limited liability partnership and a
business trust;
"equity interest" ––
(a) in relation to a corporation, means a voting share in that corporation;
and
(b) in relation to any entity other than a corporation, means any right or
interest, whether legal or equitable, in the entity, by whatever name
called, which gives the holder of that right or interest voting power in
that entity;
“hold? in relation to any stake, voting share or unit of equity interest,
includes holding that stake, voting share or unit through a nominee, and
“holder?and “holding?shall be construed accordingly;
"limited liability partnership" means a limited liability partnership formed
under section 4 (1) of the Limited Liability Partnerships Act 2005 (Act 5 of
2005) or any equivalent foreign law;
"main shareholder" , in relation to a casino operator, means such person as
the Minister may, by notification in the Gazette, designate as the main
shareholder of the casino operator.
(10) This section shall apply to every individual, whether resident in
Singapore or not, and to every body corporate or unincorporate, whether
incorporated or carrying on business in Singapore or not.
(11) Where the main shareholder of a casino operator is not resident or does
not have a place of business in Singapore, it shall be a condition of the
casino licence that the casino operator shall notify the Authority of an
address within Singapore for the service of any summons, notice, order or
legal process upon its main shareholder and of a person or persons
authorised by the main shareholder to accept service on its behalf.
Operating casino without casino licence prohibited
43. ?1) No person shall operate a casino without a valid casino licence in
force.
(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $200,000 and, in
the case of a continuing offence, to a further fine not exceeding $20,000
for every day or part thereof during which the offence continues after
conviction.
(3) The court before which a person is convicted of an offence under this
section shall, in addition to imposing on that person any other punishment,
order the payment by him of a sum which is equal to his gross gaming revenue
for the period that the offence was committed, and any such payment ordered
shall be recoverable as a fine.
(4) In this section, “gross gaming revenue?has the same meaning as in
section 146 as if the person who operated the casino had been a casino
operator.
Application for casino licence
44. ?1) An application for a casino licence may be made to the Authority
only by the owner of a designated site on which a casino is intended to be
located or, with the approval of the Authority, by a person nominated by
that owner.
(2) Every application for a casino licence or for the renewal of a casino
licence shall be ?br>
(a) made to the Authority in a form specified by the Authority;
(b) accompanied by the prescribed application fee; and
(c) accompanied by such documents and information as may be required by the
Authority as regards that licence.
(3) If an application is refused under subsection (4) or withdrawn by the
applicant, the Authority, in its discretion, may refund the whole or part of
the application fee.
(4) If a requirement under this section is not complied with, the
Authoritymay refuse to consider the application.
Matters to be considered in determining applications
45. ?1) The Authority shall not grant an application for a casino licence
unless the Authority is satisfied that the applicant, and each associate of
the applicant, is a suitable person to be concerned in or associated with
the management and operation of a casino.
(2) In particular, the Authority shall consider whether ?br>
(a) each such person is of good repute, having regard to character, honesty
and integrity;
(b) each such person is of sound and stable financial background;
(c) in the case of an applicant that is not a natural person, the applicant
has, or has arranged, a satisfactory ownership, trust or corporate
structure;
(d) the applicant has or is able to obtain financial resources that are
adequate to ensure the financial viability of the proposed casino and the
services of persons who have sufficient experience in the management and
operation of a casino;
(e) the applicant has sufficient business ability to establish and maintain
a successful casino;
(f) any of those persons has any business association with any person, body
or association who or which, in the opinion of the Authority, is not of good
repute having regard to character, honesty and integrity or has undesirable
or unsatisfactory financial resources;
(g) each director, partner, trustee, executive officer and secretary and any
other officer or person determined by the Authority to be associated or
connected with the ownership, administration or management of the operations
or business of the applicant is a suitable person to act in that capacity;
(h) any person proposed to be engaged or appointed to manage or operate the
casino is a suitable person to act in that capacity; and
(i) any other matter that may be prescribed.
Investigation of application
46. ?1) On receiving an application for a casino licence, the Authority
shall cause to be carried out all such investigations and inquiries as it
considers necessary to enable it to consider the application properly.
(2) In particular, the Authority may ?br>
(a) require any person it is investigating in relation to the person’s
suitability to be concerned in or associated with the management or
operation of a casino to consent to having his photograph, finger prints and
palm prints taken; and
(b) send a copy of the application and of any such photograph, finger prints
and palm prints taken under paragraph (a) and any supporting documentation
to the Commissioner of Police.
(3) The Commissioner of Police or any police officer authorised by the
Commissioner shall inquire into and report to the Authority on such matters
concerning the application as the Authorityrequests.
(4) The Authority may refuse to consider an application for a casino licence
if any person from whom it requires a photograph, finger prints or palm
prints under this section refuses to allow his photograph, finger prints or
palm prints to be taken.
Authority may require further information, etc.
47. ?1) The Authority may, by notice in writing, require a person who is an
applicant for a casino licence or a person whose association with the
applicant is, in the opinion of the Authority, relevant to the application
to do any one or more of the following:
(a) to provide, in accordance with directions in the notice, any
information, that is relevant to the investigation of the application and is
specified in the notice;
(b) to produce, in accordance with directions in the notice, any records
relevant to the investigation of the application that are specified in the
notice and to permit examination of the records, the taking of extracts from
them and the making of copies of them;
(c) to authorise a person described in the notice to comply with a specified
requirement of the kind referred to in paragraph (a) or (b);
(d) to furnish to the Authorityany authorities and consents that the
Authority directs for the purpose of enabling the Authority to obtain
information (including financial and other confidential information)
concerning the person and his associates or relations from other persons.
(2) If a requirement made under this section is not complied with, the
Authority may refuse to consider the application concerned.
Updating of application
48. ?1) If a change occurs in the information provided in or in connection
with an application for a casino licence (including in any documents lodged
with the application) before the application is granted or refused, the
applicant shall, without delay, give the Authority written particulars of
the change.
(2) If ?br>
(a) the Authority requires information (including information in any
records) from a person referred to in section 47 whose association with the
applicant is in the opinion of the Authorityrelevant to the application; and
(b) a change occurs in that information before the application is granted or
refused,
that person shall, without delay, give the Authority written particulars of
the change.
(3) Any person who fails to comply with subsection (1) or (2) shall be
guilty of an offenceand shall be liable on conviction to a fine not
exceeding $200,000 and, in the case of a continuing offence, to a further
fine not exceeding $20,000 for every day or part thereof during which the
offence continues after conviction.
(4) When particulars of the change are given, those particulars shall then
be considered to have formed part of the original application, for the
purposes of the application of subsection (1) or (2) to any further change
in the information provided.
Grant or refusal of casino licence
49. ?1) The Authorityshall determine an application for a casino licence by
either granting or refusing the application and shall notify the applicant
in writing of its decision.
(2) A casino licence may be granted subject to such conditions as the
Authority thinks fit.
(3) Without limiting the matters to which conditions may relate, the
conditions of a casino licence may relate to any matter for which provision
is made by this Act but shall not be inconsistent with a provision of this
Act.
(4) If an application is granted, the casino licence is granted for the
term, subject to the conditions and for the location specified in the
licence.
(5) The casino operator shall pay to the Authority a casino licence fee of
such amount, at such times and in such manner as may be prescribed.
Amendment of conditions
50. ?1) The conditions of a casino licence may be amended in accordance
with this section.
(2) An amendment may be proposed ?br>
(a) by the casino operator by requesting the Authority in writing to make
the amendment; or
(b) by the Authorityby giving notice in writing of the proposed amendment to
the casino operator.
(3) The Authority shall allow the casino operator such period as it may
specify to make submissions to the Authority concerning any proposed
amendment (whether proposed by the Authorityor the casino operator) and
shall consider the submissions made.
(4) The Authority shall then decide whether to make the proposed amendment,
either with or without changes from that originally proposed, and shall
notify the casino operator of its decision.
(5) Any amendment that the Authority decides upon takes effect when notice
of the decision is given to the casino operator or on any later date that
may be specified in the notice.
Authority to define casino premises
51. ?1) The boundaries of any casino premises, as at the time when a casino
licence is granted, shall be defined by the casino licence within the
designated site for which the casino licence is granted.
(2) The Authority may, from time to time, redefine the boundaries of the
casino premises, within the designated site for which the casino licence is
granted, as the Authoritythinks fit and may do so of its own motion or on
the application of the casino operator.
(3) An application for the redefining of the boundaries of the casino
premises shall be accompanied by the prescribed fee.
(4) The defining or redefining of the boundaries of casino premises takes
effect when the Authority gives written notice of it to the casino operator
concerned or any later date specified in the notice.
Duration of casino licence
52. A casino licence remains in force for the period for which it is
granted, as specified in the licence, unless it is sooner cancelled or
surrendered under this Act.
Transfer, mortgage, etc., of casino licence
53. ?1) No casino licence shall be transferable except with the prior
approval in writing of the Authority.
(2) A casino operator shall not mortgage, charge or otherwise encumber the
casino licence except with the prior approval in writing of the Authority.
Disciplinary action against casino operator
54. ?1) In this section ?br>
"disciplinary action" , in relation to a casino operator, means one or more
of the following:
(a) the cancellation or suspension of a casino licence;
(b) the issuing of a letter of censure;
(c) the variation of the terms of a casino licence;
(d) the imposition of a financial penalty not exceeding $1 million for each
ground of disciplinary action;
"grounds for disciplinary action" , in relation to a casino operator, means
any of the following grounds:
(a) that the casino licence was improperly obtained in that, at the time the
casino licence was granted, there were grounds for refusing it;
(b) that the casino operator, a person in charge of the casino, an agent of
the casino operator or a casino employee has contravened a provision of this
Act or a condition of the casino licence;
(c) that the casino premises are, for specified reasons attributable to the
casino operator, no longer suitable for the conduct of casino operations;
(d) the casino operator is, for specified reasons attributable to the casino
operator, considered to be no longer a suitable person to hold the casino
licence having regard to the matters in section 45 (2);
(e) the casino operator has failed to comply with a direction under
subsection (7) of section 63 within the time referred to in that subsection
to terminate an association with an associate.
(2) The Authoritymay serve on a casino operator a notice in writing
affording the casino operator an opportunity to show cause within 14 days
why disciplinary action should not be taken on grounds for disciplinary
action specified in the notice.
(3) The casino operator may, within the period allowed by the notice in
subsection (2), arrange with the Authority for the making of submissions to
the Authority as to why disciplinary action should not be taken and the
Authorityshall consider any submissions so made.
(4) The Authoritymay then take such disciplinary action against the casino
operator as the Authority sees fit by giving written notice to the casino
operator of the disciplinary action that the Authority intends to take.
(5) The cancellation, suspension or variation of a casino licence under this
section takes effect when the notice under subsection (4) is given or on a
later date specified in the notice.
(6) A letter of censure may censure the casino operator in respect of any
matter connected with the operation of the casino and may include a
direction to the casino operator to rectify within a specified time any
matter giving rise to the letter of censure.
(7) If any direction given under subsection (6) is not complied within the
specified time, the Authority may by giving written notice to the casino
operator, cancel, suspend or vary the terms of the casino licence or impose
a financial penalty not exceeding $1 million without affording the casino
operator a further opportunity to be heard.
(8) If a casino operator operates a casino during the suspension of the
casino licence, the Authority may, by written notice, impose a financial
penalty not exceeding $1 million on the casino operator for every day or
part thereof that the casino operations continue while the casino licence is
suspended, without affording the casino operator a further opportunity to be
heard.
(9) A member of the Authority who has participated in the consideration of
disciplinary action against a casino operator is not prevented by that
reason alone from considering whether further disciplinary action should be
taken against that casino operator.
Surrender of casino licence
55. ?1) A casino operator may surrender the casino licence by giving notice
in writing to the Authority.
(2) The surrender takes effect only if the Authority consents to the
surrender.
Appointment of manager if casino licence cancelled, surrendered or suspended
56. ?1) If a casino licence is cancelled, surrendered or suspended, the
Authority may, with the approval of the Minister, appoint a manager of the
casino for the purposes of this section.
(2) In appointing a person to be a manager, the Authority shall have regard
to the suitability of the person.
(3) A manager is appointed on such terms and conditions as the Authority
thinks fit.
(4) The appointment of a manager of a casino may be terminated at any time
by the Authority and is terminated by the grant of another casino licence in
respect of the casino.
(5) If the appointment of the manager is terminated, the manager ceases to
be deemed to be the holder of a casino licence.
(6) A manager ?br>
(a) is deemed to be the holder of a casino licence on the same terms as
those on which the casino operator held the licence before its cancellation,
suspension or surrender, subject to such modifications as the Authority
determines;
(b) assumes full control of and responsibility for the business of the
casino operator in respect of the casino and may retain for use in the
casino any property of the casino operator;
(c) shall conduct, or cause to be conducted, casino operations in accordance
with this Act;
(d) has, in connection with the conduct of those operations, all the
functions of the casino operator; and
(e) may employ such staff as may be required to operate the casino.
(7) Regulations made under this Act may make provision for or with respect
to the appointment and functions of a manager appointed under this section.
(8) The following provisions have effect in respect of the net earnings of a
casino while operations in the casino are being conducted by a manager under
this section:
(a) subject to paragraph (b), no payment of net earnings is to be made to
the former casino operator without the prior approval of the Authority;
(b) the former casino operator is entitled to a fair rate of return out of
net earnings (if any) on any property of the former casino operator retained
by the manager;
(c) the Authority may direct that all or any part of net earnings (other
than that referred to in paragraph (b)) shall be paid to the Authority, with
any balance to be paid to the former casino operator.
PART IV
SUPERVISION AND CONTROL OF CASINO OPERATORS
Division 1 ?Directions, investigations, etc.
Directions to casino operator
57. ?1) The Authority may give to a casino operator a written direction
that relates to the conduct, supervision or control of operations in the
casino and the casino operator shall comply with the direction as soon as it
takes effect.
(2) The direction takes effect when the direction is given to the casino
operator or on a later date specified in the direction.
(3) The power conferred by this section includes a power to give a direction
to a casino operator to adopt, vary, cease or refrain from any practice in
respect of the conduct of casino operations.
(4) A direction under this section shall not be inconsistent with this Act
or the conditions of the casino licence.
(5) Any casino operator who fails to comply with a direction under this
section shall be liable to disciplinary action.
(6) Where a casino operator has been subject to disciplinary action under
subsection (5) (referred to in this section as the first disciplinary
action) and continues to fail to comply with the direction of the Authority,
such failure shall constitute a fresh ground of disciplinary action for
every day or part thereof that the failure continues after the first
disciplinary action.
General investigations
58. ?1) The Authority may investigate a casino from time to time and at any
time that the Authority thinks it desirable to do so and, if it is directed
to do so by the Minister, shall investigate the casino.
(2) The investigation may include (but is not limited to) an investigation
of any or all of the following matters:
(a) the casino and operations in the casino;
(b) the casino operator or a person who, in the opinion of the Authority, is
an associate of the casino operator;
(c) any person who, in the opinion of the Authority, could affect the
exercise of functions in or in relation to the casino;
(d) any person who, in the opinion of the Authority, could be in a position
to exercise direct or indirect control over the casino operator, or an
associate of the casino operator, in relation to functions in or in relation
to the casino.
(3) The Authority may make a report to the Minister on the results of such
an investigation if it thinks it desirable to do so and shall make such a
report if the investigation was made at the direction of the Minister.
Regular investigations of casino operator’s suitability, etc.
59. The Authority shall, at such intervals as it may determine, investigate
whether or not ?br>
(a) the casino operator is a suitable person to continue to hold the casino
licence; and
(b) the casino licence should continue in force,
and shall take whatever action the Authority considers appropriate in the
light of its findings.
Casino operator to provide information
60. ?1) The Authority may, by notice in writing, require a casino operator
or a person who was a casino operator or a person who, in the opinion of the
Authority, is or was directly or indirectly associated with the casino
operator ?br>
(a) to provide the Authority or an authorised person, in accordance with
directions in the notice, with such information relevant to the casino
operator or that association or to the casino, or with such information as
the Authority requires, as is specified in the notice;
(b) to produce to the Authority or an authorised person, in accordance with
the directions in the notice, such records relevant to the casino operator
or that association or to the casino, or to matters specified by the
Authority, as are specified in the notice and to permit examination of those
records, the taking of extracts from them and the making of copies of them;
or
(c) to attend before the Authority or an authorised person for examination
in relation to any matters relevant to the casino operator or that
association or to the casino, or to matters specified by the Authority, and
to answer questions relating to those matters.
(2) If records are produced under this section, the Authority or authorised
person to whom they are produced may retain possession of the records for
such period as may reasonably be necessary for investigations to be carried
out.
(3) At any reasonable time during the period for which records are retained,
the Authority or authorised person shall permit inspection of the records by
a person who would be entitled to inspect them if they were not in the
possession of the Authority or an authorised person.
(4) A person who complies with a requirement of a notice under this section
does not on that account incur a liability to another person.
(5) Any casino operator who fails to comply with a requirement of a notice
under this section shall be liable to disciplinary action.
(6) Any person (other than a casino operator) who fails to comply with a
requirement of a notice under this section shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $200,000 and, in the
case of a continuing offence, to a further fine not exceeding $20,000 for
every day or part thereof during which the offence continues after
conviction.
Change in situation of casino operator
61. ?1) In this section ?br>
"major change" , in the situation existing in relation to a casino operator,
means ?
(a) any change which results in a person becoming an associate of the casino
operator;
(b) any change in the person engaged or appointed to manage or operate the
casino; or
(c) any other change which is of a class or description prescribed as major
for the purposes of this section;
"minor change" , in the situation existing in relation to a casino operator,
means any change in that situation that is prescribed as a minor change for
the purposes of this section.
(2) A casino operator shall ?br>
(a) take all reasonable steps to ensure that a major change in the situation
existing in relation to the casino operator which is within the casino
operator"s power to prevent occurring does not occur except with the prior
approval in writing of the Authority;
(b) where paragraph (a) does not apply, notify the Authority in writing of
any major change in the situation existing in relation to the casino
operator within 3 days after the casino operator becomes aware of the
change; and
(c) notify the Authority in writing of any minor change in the situation
existing in relation to the casino operator within 14 days after becoming
aware that the change has occurred.
(3) Sections 46 and 47 apply to and in respect of an application for
approval under this section in the same manner that they apply to and in
respect of an application for a casino licence.
(4) If a major change is proposed or has occurred involving a person
becoming an associate of a casino operator ––
(a) in a case which also requires ––
(i) an application to be made under section 65 or 66 by a shareholder or
prospective shareholder of the casino operator;
(ii) notice of a controlled contract to be given under section 73; or
(iii) an application for a special employee licence to be made under section
81,
the casino operator shall be deemed to have complied with subsection (2) (a)
if such application is made or such notice is given, as the case may be; or
(b) in any other case, the Authority shall inquire into the change to
determine whether it is satisfied that the person is a suitable person to be
associated with the management of a casino having regard to the matters in
section 63 (4) and if it is not so satisfied, shall take such action as it
considers appropriate under section 63.
(5) Any casino operator who fails to comply with subsection (2) shall be
liable to disciplinary action.
Change in situation of associate
62. ?1) Where a change of a kind specified by the Authority in writing
given to an associate of a casino operator takes place in the situation
existing in relation to the associate of the casino operator, the associate
shall notify the Authority in writing of the change within 14 days after it
takes place.
(2) Any associate of a casino operator who fails to comply with subsection
(1) shall be guilty of an offence and shall be liable on conviction to a
fine not exceeding $25,000 and, in the case of a continuing offence, to a
further fine not exceeding $2,500 for every day or part thereof during which
the offence continues after conviction.
On-going monitoring of associates and others
63. ?1) The Authority may, from time to time, investigate ?br>
(a) an associate, or a person likely to become an associate, of a casino
operator; or
(b) any person, body or association having a business association with a
person referred to in paragraph (a).
(2) A casino operator shall notify the Authority in writing that a person is
likely to become an associate as soon as practicable after the casino
operator becomes aware of the likelihood.
(3) If the Authority, having regard to the matters referred to in subsection
(4), determines that an associate is unsuitable to be concerned in or
associated with the business of the casino operator, the Authority may, by
notice in writing, require the associate to terminate the association with
the casino operator.
(4) In particular, the Authority shall consider whether the associate ?br>
(a) is of good repute, having regard to character, honesty and integrity;
(b) is of sound and stable financial background; and
(c) has any business association with any person, body or association who or
which, in the opinion of the Authority, is not of good repute having regard
to character, honesty and integrity or has undesirable or unsatisfactory
financial resources.
(5) If the Authority determines that an associate of a casino operator has
engaged or is engaging in conduct that, in the Authority’s opinion, is
unacceptable for a person who is concerned in or associated with the
ownership, management or operation of the business of the casino operator,
the Authority may ?br>
(a) issue a written warning to the associate that the conduct is
unacceptable; or
(b) give written notice to the associate requiring the associate to give a
written undertaking to the Authority, within the period specified in the
notice, regarding the future conduct of the associate.
(6) If the associate fails to give an undertaking required under subsection
(5) (b) or breaches an undertaking given under that subsection, the
Authority may give the associate written notice requiring the associate to
terminate, within 14 days or a longer period agreed with the Authority, the
association with the casino operator.
(7) If the association is not terminated within 14 days from the date of the
notice referred to in subsection (3) or (6) or any longer period agreed with
the Authority, the Authority may, by notice in writing, direct the casino
operator to take all reasonable steps to terminate the association and the
casino operator shall comply with the direction within 14 days or any longer
period agreed with the Authority.
(8) The Authority may ?br>
(a) require an associate or a person likely to become an associate to
consent to having his photograph, finger prints and palm prints taken; and
(b) send a copy of such photograph, finger prints and palm prints and any
supporting documents to the Commissioner of Police.
(9) Any casino operator who fails to comply with subsection (2) or (7) shall
be liable to disciplinary action.
Division 2 ?Controlled shareholdings
Application and interpretation of this Division
64. ?1) This Division shall apply to, and in relation to, all individuals
whether resident in Singapore or not and whether citizens of Singapore or
not, and to all bodies corporate or unincorporate, whether incorporated or
carrying on business in Singapore or not.
(2) In this Division, unless the context otherwise requires ?br>
"arrangement" includes any formal or informal scheme, arrangement or
understanding, and any trust whether express or implied;
"related corporation" , in relation to a corporation, means a corporation
that is deemed to be related to the first-mentioned corporation under
section 6 of the Companies Act (Cap. 50);
"substantial shareholder" has the same meaning as in section 81 of the
Companies Act.
(3) In this Division, a person, A, is an associate of another person, B, if
?br>
(a) A is a spouse, a parent, remoter lineal ancestor or step-parent, a son,
daughter, remoter issue, step-son or step-daughter or a brother or sister of
B;
(b) A is a corporation the directors of which are accustomed or under an
obligation, whether formal or informal, to act in accordance with the
directions, instructions or wishes of B, or where B is a corporation, of the
directors of B;
(c) B is a corporation the directors of which are accustomed or under an
obligation, whether formal or informal, to act in accordance with the
directions, instructions or wishes of A, or where A is a corporation, of the
directors of A;
(d) A is a person who is accustomed or under an obligation, whether formal
or informal, to act in accordance with the directions, instructions or
wishes of B;
(e) B is a person who is accustomed or under an obligation, whether formal
or informal, to act in accordance with the directions, instructions or
wishes of A;
(f) A is a related corporation of B;
(g) A is a corporation in which B, alone or together with other associates
of B as described in paragraphs (b) to (f), is in a position to control not
less than 20% of the votes in A;
(h) B is a corporation in which A, alone or together with other associates
of A as described in paragraphs (b) to (f), is in a position to control not
less than 20% of the votes in B; or
(i) A is a person with whom B has an agreement or arrangement, whether oral
or in writing and whether express or implied, to act together with respect
to the acquisition, holding or disposal of shares or other interests in, or
with respect to the exercise of their votes in relation to, the casino
operator.
(4) For the purposes of this Division, a person has an interest in any share
if ?br>
(a) he is deemed to have an interest in that share under section 7 of the
Companies Act (Cap. 50); or
(b) he otherwise has a legal or an equitable interest in that share except
for such interest as is to be disregarded under section 7 of the Companies
Act.
Control of substantial shareholdings in casino operator
65. ?1) No person shall, on or after the appointed day ?br>
(a) become a substantial shareholder of a casino operator; or
(b) enter into any agreement or arrangement, whether oral or in writing and
whether express or implied, to act together with any other person with
respect to the acquisition, holding or disposal of, or the exercise of
rights in relation to, their interests in voting shares of an aggregate of
5% or more of the total votes attached to all voting shares in a casino
operator,
without first obtaining the approval of the Minister.
(2) Subject to section 67 (4), no person who ––
(a) immediately before the appointed day, is a substantial shareholder of a
casino operator shall continue to be such a shareholder unless he has,
within 6 months after the appointed day or such longer period as the
Minister may allow, applied to the Minister for approval to continue to be
such a shareholder; or
(b) at any time before the appointed day, has entered into any agreement or
arrangement referred to in subsection (1) (b) shall continue to be a party
to such an agreement or arrangement unless he has, within 6 months after the
appointed day or such longer period as the Minister may allow, applied to
the Minister for approval to continue to be a party to such an agreement or
arrangement.
Control of shareholdings and voting power in casino operator
66. ?1) No person shall, on or after the appointed day, become ?br>
(a) a 12% controller;
(b) a 20% controller; or
(c) an indirect controller,
of a casino operator without first obtaining the approval of the Minister.
(2) Subject to section 67(4), no person who, immediately before the
appointed day, is ?br>
(a) a 12% controller;
(b) a 20% controller; or
(c) an indirect controller,
of a casino operator shall continue to be such a controller unless he has,
within 6 months after the appointed day or such longer period as the
Minister may allow, applied to the Minister for approval to continue to be
such a controller.
(3) In subsections (1) and (2) ?br>
"12% controller" means a person who, alone or together with his associates ?
(a) holds or has interests in 12% or more but less than 20% of the total
number of issued shares in a casino operator; or
(b) is in a position to control voting power of 12% or more but less than
20% in a casino operator;
"20% controller" means a person who, alone or together with his associates ?
(a) holds or has interests in 20% or more of the total number of issued
shares in a casino operator; or
(b) is in a position to control voting power of 20% or more in a casino
operator;
"indirect controller" means any person, whether acting alone or together
with any other person, and whether with or without holding shares or
controlling voting power in a casino operator ?
(a) in accordance with whose directions, instructions or wishes the
directors of the casino operator are accustomed or under an obligation,
whether formal or informal, to act; or
(b) who is in a position to determine the policy of the casino operator,
but does not include any person ?br>
(i) who is a director or other officer of the casino operator whose
appointment has been approved by the Authority; or
(ii) in accordance with whose directions, instructions or wishes the
directors of the casino operator are accustomed to act by reason only that
they act on advice given by him in his professional capacity.
(4) For the purposes of subsection (3), a reference to the control of a
percentage of the voting power in a casino operator is a reference to the
control, whether direct or indirect, of that percentage of the total number
of votes that might be cast in a general meeting of the casino operator.
Approval of applications
67. ?1) The Minister may, in his discretion, approve an application made by
any person under section 65 or 66 if the Minister is satisfied that ?br>
(a) the person is a suitable person to be concerned in or associated with
the management and operation of a casino;
(b) having regard to the person"s likely influence, the casino operator will
or will continue to conduct its business prudently and comply with the
provisions of this Act; and
(c) it is in the public interest to do so.
(2) Any approval under this section may be granted to any person subject to
such conditions as the Minister may determine, including but not limited to
any condition ?br>
(a) restricting the person"s disposal or further acquisition of shares or
voting power in the casino operator; or
(b) restricting the person"s exercise of voting power in the casino
operator.
(3) Any condition imposed under subsection (2) shall have effect
notwithstanding any of the provisions of the Companies Act (Cap. 50) or
anything contained in the memorandum or articles of association of the
casino operator.
(4) Where the Minister disapproves an application made by any person under
section 65 (2) or 66 (2), the person shall, within such time as the Minister
may specify, take such steps as are necessary ?br>
(a) in the case of section 65 (2), to cease to be a substantial shareholder
or a party to the agreement or arrangement, as the case may be;
(b) in the case of section 66(2), to cease to be ?br>
(i) a 12% controller;
(ii) a 20% controller; or
(iii) an indirect controller,
as the case may be.
Power to exempt
68. The Minister may, by order published in the Gazette, exempt ?br>
(a) any person or class of persons; or
(b) any class or description of shares or interests in shares,
from section 65 or 66, subject to such terms and conditions as may be
specified in the order.
Objection to existing control of casino operator
69. ?1) The Minister may serve a written notice of objection on any person
referred to in section 65 or 66 if the Minister is satisfied that ?br>
(a) any condition of approval imposed on the person under section 67 (2) has
not been complied with;
(b) the person ceases to be a suitable person to be concerned in or
associated with the management and operation of a casino;
(c) having regard to the person’s likely influence, the casino operator is
no longer likely to conduct its business prudently or to comply with the
provisions of this Act;
(d) it is no longer in the public interest to allow the person to continue
to be a party to the agreement or arrangement described in section 65 (1)
(b) or (2) (b), or to continue to be a substantial shareholder, a 12%
controller, a 20% controller or an indirect controller, as the case may be;
(e) the person has furnished false or misleading information or documents in
connection with an application under section 65 or 66; or
(f) he would not have granted his approval under section 67 had he been
aware, at that time, of circumstances relevant to the person"s application
for such approval.
(2) Before the service of a written notice of objection, the Minister shall,
unless he decides that it is not practicable or desirable to do so, cause to
be given to the person concerned notice in writing of his intention to serve
the written notice of objection, specifying a date by which the person may
make written representations with regard to the proposed written notice of
objection.
(3) Upon receipt of any written representations, the Minister shall consider
them for the purpose of determining whether to issue a written notice of
objection.
(4) The Minister shall, in any written notice of objection, specify a
reasonable period within which the person to be served the written notice of
objection shall ?br>
(a) take such steps as are necessary to ensure that he ceases to be a party
to the agreement or arrangement described in section 65 (1) (b) or (2) (b),
or ceases to be a substantial shareholder, a 12% controller, a 20%
controller or an indirect controller as defined in section 66 (3), as the
case may be; or
(b) comply with such direction or directions as the Minister may make under
section 70.
(5) Any person served with a notice of objection under this section shall
comply with the notice.
Power to make directions
70. ?1) Without prejudice to section 71, if the Minister is satisfied that
any person has contravened section 65, 66, 67 (4) or 69 (5) or has failed to
comply with any condition imposed under section 67 (2), or if the Minister
has served a written notice of objection under section 69, the Minister may,
by notice in writing ?br>
(a) direct the transfer or disposal of all or any of the shares in the
casino operator held by the person or any of his associates (referred to in
this section as the specified shares) within such time or subject to such
conditions as the Minister considers appropriate;
(b) restrict the transfer or disposal of the specified shares; or
(c) make such other direction as the Minister considers appropriate.
(2) Any person to whom a notice is given under subsection (1) shall comply
with such direction or directions as may be specified in the notice.
(3) In the case of any direction made under subsection (1) (a) or (b), until
a transfer or disposal is effected in accordance with the direction or until
the restriction on the transfer or disposal is removed, as the case may be,
notwithstanding any of the provisions of the Companies Act (Cap. 50) or
anything contained in the memorandum or articles of association of the
casino operator ?br>
(a) no voting rights shall be exercisable in respect of the specified shares
unless the Minister expressly permits such rights to be exercised;
(b) no shares of the casino operator shall be issued or offered (whether by
way of rights, bonus or otherwise) in respect of the specified shares unless
the Minister expressly permits such issue or offer; and
(c) except in a liquidation of the casino operator, no payment shall be made
by the casino operator of any amount (whether by way of dividends or
otherwise) in respect of the specified shares unless the Minister expressly
permits such payment.
Offences, penalties and defences
71. ?1) Any person who contravenes section 65, 66 (1) (a) or (2) (a) or 67
(4) (a) or (b) (i) shall be guilty of an offence and shall be liable on
conviction ?br>
(a) in the case of an individual, to a fine not exceeding $125,000 and, in
the case of a continuing offence, to a further fine not exceeding $12,500
for every day or part thereof during which the offence continues after
conviction; or
(b) in any other case, to a fine not exceeding $250,000 and, in the case of
a continuing offence, to a further fine not exceeding $25,000 for every day
or part thereof during which the offence continues after conviction.
(2) Any person who contravenes section 66 (1) (b) or (c), (2) (b) or (c), 67
(4) (b) (ii) or (iii), 69 (5) or 70 (2), or who fails to comply with any
condition imposed under section 67 (2), shall be guilty of an offence and
shall be liable on conviction ?br>
(a) in the case of an individual, to a fine not exceeding $125,000 or to
imprisonment for a term not exceeding 3 years or to both and, in the case of
a continuing offence, to a further fine not exceeding $12,500 for every day
or part thereof during which the offence continues after conviction; or
(b) in any other case, to a fine not exceeding $250,000 and, in the case of
a continuing offence, to a further fine not exceeding $25,000 for every day
or part thereof during which the offence continues after conviction.
(3) Where a person is charged with an offence in respect of a contravention
of section 65 or 66, it shall be a defence for the person to prove that ?br>
(a) he was not aware that he had contravened section 65 or 66, as the case
may be; and
(b) he has, within 14 days of becoming aware that he had contravened section
65 or 66, as the case may be, notified the Minister of the contravention
and, within such time as may be determined by the Minister, taken such
actions in relation to his shareholding or control of the voting power in
the casino operator as the Minister may direct.
(4) Where a person is charged with an offence in respect of a contravention
of section 66 (1), it shall also be a defence for the person to prove that,
even though he was aware of the contravention ?br>
(a) the contravention occurred as a result of an increase in the
shareholding of, or in the voting power controlled by, any of his
associates;
(b) he has no agreement or arrangement, whether oral or in writing and
whether express or implied, with that associate with respect to the
acquisition, holding or disposal of shares or other interests in, or under
which they act together in exercising their voting power in relation to the
casino operator; and
(c) he has, within 14 days of the date of the contravention, notified the
Minister of the contravention and, within such time as may be determined by
the Minister, taken such action in relation to his shareholding or control
of the voting power in the casino operator as the Minister may direct.
(5) Except as provided in subsections (3) and (4), it shall not be a defence
for a person charged with an offence in respect of a contravention of
section 65 or 66 to prove that he did not intend to or did not knowingly
contravene section 65 or 66, as the case may be.
Division 3 ?Contracts
Application of this Division and meaning of “controlled contract?br>
72. ?1) In this Division ?br>
"contract" includes any kind of agreement or arrangement;
"controlled contract" , in relation to a casino operator, means a contract
that relates wholly or partly to the supply of goods or services for the
operations of the casino or to any other matter that is prescribed as a
controlled matter for the purposes of this definition, a contract above a
prescribed value or any class of contract prescribed as a controlled
contract for the purposes of this definition, but does not include a
contract that relates solely to ?
(a) the construction of the casino premises;
(b) any other class of matter prescribed as not being controlled matter for
the purposes of this definition;
(c) a class of contract of a kind approved under subsection (2); or
(d) any other class of contract prescribed as not being a controlled
contract for the purposes of this definition.
(2) The Authority may, by notice in writing given to the casino operator,
approve an agreement or arrangement with a specified person for the supply
of specified goods or services as an agreement or arrangement that is not a
contract to which this Division applies.
(3) The Authority may, by notice in writing given to the casino operator,
exempt the casino operator from any of the requirements or provisions of
this Division that are specified in the notice in relation to contracts if
the Authority is satisfied that the system of internal controls and
administrative and accounting procedures approved by the Authority under
section 138 in relation to the casino operator adequately provide for
compliance with this Division.
(4) The notice under subsection (3) may specify that it applies to contracts
generally or to the classes of contracts specified in the notice.
Requirements for controlled contracts
73. ?1) A casino operator shall not enter into or be a party to, or to the
variation of, a contract that is a controlled contract in relation to that
casino operator unless ?br>
(a) the casino operator has given notice in writing to the Authority of the
details of the proposed contract or variation at least 28 days (or any
shorter period approved by the Authority in a particular case or in respect
of a particular class of contract) before entering into or becoming a party
to it; and
(b) the Authority has not, within that period, given notice in writing to
the casino operator that the Authority objects to the proposed contract or
requires further time, the further period to be specified in the notice, to
conduct its investigations.
(2) If the Authority notifies the casino operator that it requires further
time to conduct its investigations, the casino operator shall not enter into
the contract until the expiration of the period specified in the notice.
(3) If the Authority notifies the casino operator that it objects to the
proposed contract, the casino operator shall not enter into the contract.
(4) The Authority may object to a proposed contract if, having regard to the
circumstances, including the suitability of each party to the contract, it
considers that the contract will affect the credibility, integrity and
stability of casino operations.
(5) Any casino operator who contravenes subsection (1), (2) or (3) shall be
liable to disciplinary action.
Notice to be given of certain contracts
74. If ?br>
(a) a casino operator enters into a prescribed contract relating solely to a
class of matter or class of contract specified by the Authority under
section 72 as not being controlled matter or a controlled contract; or
(b) any such contract is varied,
the casino operator shall, within 14 days of entering into the prescribed
contract or the variation, as the case may be, give notice in writing to the
Authority of that fact and brief particulars of the contract or variation.
Parties to contract to provide information
75. The Authority may, by notice in writing, require any party to a
controlled contract or a prescribed contract under section 74 to provide
such information as the Authority may require, and section 60 shall apply to
that party in the same manner as section 60 applies to a casino operator.
Notice to show cause why controlled contract should not be terminated
76. ?1) The Authority may serve on each party to a controlled contract a
notice in writing affording the party an opportunity to show cause within 14
days why the contract should not be terminated on the ground that, for
reasons specified in the notice, the continuance of the contract affects the
credibility, integrity and stability of casino operations.
(2) The person may, within the period specified in the notice in subsection
(1), arrange with the Authority for the making of submissions as to why the
contract should not be terminated.
(3) After considering any submissions so made, the Authority may, by notice
in writing served on each party to the contract, require the contract to be
terminated within a time specified in the notice.
(4) If the contract is not terminated as required by the notice under
subsection (3), it is deemed to be terminated by this Act upon expiry of the
period specified in the notice.
Effect of termination of controlled contract
77. If a controlled contract is terminated or deemed to be terminated in
accordance with section 76 ?br>
(a) the termination does not affect a right acquired, or a liability
incurred, before that termination by a person who was a party to the
contract;
(b) no liability for breach of contract is incurred by a person who was a
party to the contract by reason only of that termination; and
(c) the Authority does not incur any liability by reason of that
termination.
No effect to be given to terminated contract
78. ?1) A party to a contract terminated or deemed to be terminated in
accordance with section 76 shall not give any effect to any part of the
contract.
(2) Any casino operator who contravenes subsection (1) shall be liable to
disciplinary action.
(3) Any person (other than a casino operator) who contravenes subsection (1)
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding $150,000 and, in the case of a continuing offence, to a
further fine not exceeding $15,000 for every day or part thereof during
which the offence continues after conviction.
PART V
LICENSING OF CASINO EMPLOYEES
Interpretation of this Part
79. In this Part, “licensee?means the holder of a special employee licence.
Special employees to be licensed
80. ?1) A person shall not exercise in or in relation to a casino any of
the functions of a special employee except in accordance with the authority
conferred on the person by a special employee licence.
(2) Every licensee shall exercise the functions specified in his special
employee licence in accordance with the provisions of this Act and the
conditions of the special employee licence.
(3) A casino operator shall not ?br>
(a) employ or use the services of a person to perform any function of a
special employee in or in relation to a casino; or
(b) allocate or permit or suffer to be allocated to a person the exercise of
any function of a special employee in or in relation to the casino,
unless the person is authorised by a special employee licence to exercise
the function concerned.
(4) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $25,000 and, in
the case of a continuing offence, to a further fine not exceeding $2,500 for
every day or part thereof during which the offence continues after
conviction.
(5) Any casino operator who contravenes subsection (3) shall be liable to
disciplinary action.
Application for special employee licence
81. ?1) An application for a special employee licence shall be in a form
approved by the Authority, shall be lodged with the Authority and shall be
accompanied by ?br>
(a) the prescribed fee;
(b) such documents as may be specified in the application form and such
other document as may be required by the Authority; and
(c) a certificate by the casino operator who employs or is proposing to
employ the applicant as to the competence of the applicant to exercise the
functions specified in the certificate.
(2) If the applicant is a natural person, the Authority may ?br>
(a) require the applicant to consent to have taken his photograph and finger
prints or palm prints or both; and
(b) send a copy of such photograph and finger prints or palm prints or both,
and any supporting documents to the Commissioner of Police.
(3) An application for a special employee licence may not be made by a
person who is below the prescribed age or is a person within a class of
persons prescribed as being ineligible to apply for a special employee
licence.
(4) If a requirement under this section is not complied with, the Authority
may refuse to consider the application concerned.
Direction to apply for special employee licence
82. ?1) For the purposes of this section, a person has a special
relationship with a casino if, in the opinion of the Authority ?br>
(a) the person is associated with the casino operator or is a casino
employee, and has the power to exercise a significant influence over or with
respect to operations in the casino; or
(b) the person is associated with the casino operator or is a casino
employee, and the person, by reason of his remuneration or authority in
relation to the operations in the casino, should be licensed as a special
employee.
(2) The Authority may by notice in writing given to a person who has a
special relationship with a casino ?br>
(a) direct that the association or employment that constitutes the special
relationship is to be regarded as the exercise by the person of the
functions of a special employee; and
(b) require the person to apply for the appropriate special employee licence
within a specified period of not less than 7 days.
(3) The association or employment specified in the notice shall, for the
purposes of this Part, be regarded as the exercise by the person of the
functions of a special employee as soon as ?br>
(a) the period allowed by the direction for the making of an application for
the appropriate special employee licence expires with no application having
been made; or
(b) if the application is made within that period, the application is
determined.
(4) If this section results in a person who has a special relationship with
a casino contravening section 80 ?br>
(a) the Authority shall notify that person and the casino operator of that
fact; and
(b) the person and the casino operator are each guilty of contravening that
section if the association or employment that constitutes the contravention
is not terminated within 24 hours, or such longer period as the Authority
may allow, after that notice is given.
(5) The termination of an association or employment in accordance with this
section may be effected despite any other Act or any law, award or
industrial or other agreement and the Authority does not incur any liability
because of such a termination.
Updating of application for special employee licence
83. ?1) If a change occurs in the information provided in or in connection
with an application for a special employee licence (including in any
documents lodged with the application) before the application is granted or
refused, the applicant shall, without delay, give the Authority written
particulars of the change in the form approved by the Authority.
(2) When particulars of the change are given, those particulars are then to
be considered to have formed part of the original application, for the
purposes of the operation of subsection (1) in relation to any further
change in the information provided.
(3) Any person who fails to comply with subsection (1) shall be guilty of an
offenceand shall be liable on conviction to a fine not exceeding $25,000
and, in the case of a continuing offence, to a further fine not exceeding
$2,500 for every day or part thereof during which the offence continues
after conviction.
Authority may require further information
84. ?1) The Authority may, by notice in writing, require a person who is an
applicant for a special employee licence or who, in the opinion of the
Authority has some association or connection with the applicant that is
relevant to the application, to do any one or more of the following:
(a) to provide, in accordance with directions in the notice, such
information as is relevant to the investigation of the application and is
specified in the notice;
(b) to produce, in accordance with directions in the notice, such records
relevant to investigation of the application as are specified in the notice
and to permit examination of the records, the taking of extracts from them
and the making of copies of them;
(c) to authorise a person described in the notice to comply with a specified
requirement of the kind referred to in paragraph (a) or (b);
(d) to furnish to the Authority such authorities and consents as the
Authority directs for the purpose of enabling the Authority to obtain
information (including financial and other confidential information)
concerning the person and his associates or relations from other persons.
(2) If a requirement made under this section is not complied with, the
Authority may refuse to consider the application concerned.
Investigation and determination of application
85. ?1) The Authority shall investigate and consider each application for a
special employee licence, taking into account any submissions made by the
applicant within the time allowed, and shall make an assessment of ?br>
(a) the integrity, responsibility, personal background and financial
stability of the applicant;
(b) the general reputation of the applicant having regard to character,
honesty and integrity;
(c) the suitability of the applicant to perform the type of work proposed to
be performed by the applicant as a licensee; and
(d) any other matter relevant to the application.
(2) The Authority shall determine the application by either issuing a
special employee licence to the applicant or refusing the application and
shall notify the applicant in writing accordingly.
(3) The Authority is not required to give reasons for the decision but may
give reasons if it thinks fit.
(4) The licensee shall pay to the Authority a special employee licence fee
of such amount, at such times and in such manner as may be prescribed.
Conditions of special employee licence
86. ?1) A special employee licence is subject to any condition imposed by
the Authority and notified to the licensee on the issue of the special
employee licence or during its currency.
(2) A condition of a special employee licence may be varied or revoked by
the Authority whether or not an application is made to the Authority by the
licensee.
Identification
87. ?1) Subject to subsection (2), a special employee shall at all times
while on duty in the casino wear identification of a kind approved by the
Authority in such manner as to be visible to other persons within the casino
premises.
(2) The Authority may exempt a person or class of persons from the
requirements of subsection (1).
Provisional licences
88. ?1) The Authority may, pending a decision on an application for a
licence, grant the applicant a provisional licence.
(2) A provisional licence is subject to any conditions or restrictions of
which the provisional licensee is notified by the Authority when issuing the
licence.
(3) A provisional licence may be cancelled by the Authority at any time and,
unless sooner surrendered or cancelled, ceases to have effect on the
approval or refusal of the provisional licensee"s application for a licence.
(4) This Part applies to a provisional licence in the same way as it applies
to a licence to the extent that it is consistent with this section.
Duration of special employee licence
89. A special employee licence remains in force until whichever of the
following happens first:
(a) the special employee licence is cancelled;
(b) the licensee, by notice in writing, surrenders the special employee
licence to the Authority; or
(c) the expiration of such period as is specified in the special employee
licence.
Renewal of special employee licence
90. ?1) A licensee may apply to the Authority for a new special employee
licence, in which case the current special employee licence continues in
force until the new licence is issued or its issue is refused.
(2) An application for a new special employee licence shall be made in a
form approved by the Authority and shall be accompanied by the prescribed
fee.
(3) This Part (except provisions relating to the form of an application or
the issue of a provisional licence) applies to and in relation to ?br>
(a) an application under this section for a new special employee licence;
(b) the determination of such an application; and
(c) any special employee licence issued as a result of such an application,
as if the application has been made by a person other than a licensee.
Variation of special employee licence
91. ?1) An application may be made to the Authority by the licensee,
accompanied by the prescribed fee, for variation of a special employee
licence.
(2) Except in relation to the fee to accompany the application, this Part
applies in relation to such an application in the same way as it applies to
an application for a special employee licence.
(3) If the application is approved, the Authority may vary the special
employee licence to which the application relates (or issue a new special
employee licence specifying the varied authority).
Loss, etc., of special employee licence
92. If the Authority is satisfied that a special employee licence has been
lost, destroyed or damaged, the Authority may, on payment of the prescribed
fee, issue a replacement special employee licence.
Cancellation, etc., of special employee licence
93. ?1) In this section ?br>
"disciplinary action" , in relation to a licensee, means any of the
following:
(a) the service of a written notice on the licensee censuring him for any
action specified in the notice;
(b) variation of the special employee licence;
(c) suspension of the special employee licence for a specified period;
(d) cancellation of the special employee licence;
(e) cancellation of the special employee licence and disqualification from
obtaining or applying for a special employee licence under this Part for a
specified period;
(f) the imposition of a financial penalty not exceeding $10,000 for each
ground of disciplinary action;
"grounds for disciplinary action" means any of the following grounds in
respect of a special employee licence:
(a) that the special employee licence was improperly obtained in that, when
it was granted, there were grounds for refusing it;
(b) that the licensee has been convicted or found guilty of ?br>
(i) an offence under this Act;
(ii) an offence arising out of or in connection with the employment of the
licensee under this Act; or
(iii) whether in Singapore or elsewhere, an offence involving dishonesty or
moral turpitude;
(c) that the licensee has contravened a condition of his special employee
licence;
(d) that the licensee has failed to provide information that he is required
by this Act to provide or has provided information knowing it to be false or
misleading;
(e) that the licensee has become bankrupt, applied to take the benefit of
any law relating to bankrupt or insolvent debtors, has compounded with his
creditors or made an assignment of his remuneration for their benefit;
(f) that for any reason, the licensee is not a suitable person to be the
holder of the special employee licence.
(2) The Authority may inquire into whether there are grounds for
disciplinary action against a licensee.
(3) If the Authority decides that disciplinary action be taken against the
licensee, the Authority shall give the licensee notice of the recommendation
and at least 14 days to make submissions to the Authority on the matter.
(4) The Authority shall consider any submissions made by the licensee within
the time allowed and shall decide whether to take disciplinary action
against the licensee.
(5) If the Authority decides that there are grounds for disciplinary action
against a licensee, the Authority may take the disciplinary action by giving
notice in writing of the disciplinary action to the licensee.
(6) The disciplinary action takes effect when the notice under subsection
(5) is given or on a later date specified in the notice.
Effect, etc., of suspension
94. ?1) During any period of suspension of a special employee licence, the
licensee is deemed not to be the holder of a special employee licence.
(2) The Authority may, at any time, terminate or reduce a period of
suspension of a special employee licence.
Return of special employee licence on suspension or cancellation
95. ?1) If a special employee licence is suspended or cancelled, the
licensee shall return the licence to the Authority immediately after the
suspension or cancellation.
(2) Any person who fails to comply with subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding $10,000
and, in the case of a continuing offence, to a further fine not exceeding
$1,000 for every day or part thereof during which the offence continues
after conviction.
Termination of employment on cancellation of special employee licence
96. ?1) If a casino operator receives written notice from the Authority
that a special employee licence has been cancelled under section 93 or has
otherwise ceased to be in force, the casino operator shall, within 24 hours
after receiving the notice ?br>
(a) in the case of an associate of the casino operator, terminate the
association that constitutes the exercise of the functions of a special
employee; or
(b) in the case of an employee, terminate the employment that constitutes
the exercise of the functions of a special employee or cause it to be
terminated.
(2) A termination of employment in accordance with this section may be
effected despite any other Act or any law, award or industrial or other
agreement and the Authority does not incur any liability because of such a
termination.
(3) Any casino operator who fails to comply with subsection (1) shall be
liable to disciplinary action.
Casino operator to provide information relating to employees
97. ?1) A casino operator ?br>
(a) within 7 days after a licensed special employee commences to have
functions in or in relation to the casino, shall notify the Authority, in a
form approved by the Authority, of the commencement of the exercise of those
functions;
(b) not less than once each year, on a date specified by the Authority,
shall submit to the Authority, in a form approved by the Authority, a list
of the licensed special employees having functions in or in relation to the
casino;
(c) not later than 7 days after a licensed special employee ceases to have
functions in or in relation to the casino, shall notify the Authority, in a
form approved by the Authority, of the cessation of the exercise of those
functions; and
(d) when requested by the Authority to do so, shall submit to the Authority
a list of non-licensed employees in or in relation to the casino.
(2) Any casino operator who fails to comply with subsection (1) shall be
liable to disciplinary action.
(3) The Authority may, by notice in writing, require a licensee ?br>
(a) to provide, in accordance with directions in the notice, such
information relevant to the holding of the special employee licence as is
specified in the notice; or
(b) to produce, in accordance with directions in the notice, such records
relevant to the holding of the special employee licence as are specified in
the notice and to permit examination of the records and the making of copies
of the records.
(4) It is a condition of a special employee licence that the licensee shall
comply with the requirements of a notice under this section.
Change in situation of licensee
98. ?1) Where a change of a kind specified by the Authority in writing
given to a licensee takes place in the situation existing in relation to the
licensee, the licensee shall notify the Authority in writing of the change
within 14 days after it takes place.
(2) Any licensee who fails to comply with subsection (1) shall be liable to
disciplinary action under section 93.
PART VI
CASINO OPERATIONS
Division 1 ?Casino layout, games, gaming machines, etc.
Casino layout to comply with requirements of Authority
99. It is a condition of a casino licence that ––
(a) the casino layout shall comply with such requirements as the Authority
may prescribe; and
(b) the casino operator shall notify the Authority before making any changes
to the casino layout.
Approval of games and rules for games
100. ?1) The Authority may, by order published in the Gazette, approve the
games that may be played in a casino (other than games to be played on a
gaming machine), mode of play and the rules for those games.
(2) The Authority may, under subsection (1), give approvals that differ
according to differences in time, place or circumstances.
(3) A casino operator shall not permit a game to be conducted or played in a
casino unless ?br>
(a) there is an order in force under this section approving the game;
(b) the game is conducted or played in accordance with the mode of play and
rules of the game approved by such an order; and
(c) the game is conducted or played on behalf of the casino operator by a
licensed special employee.
(4) A person shall not conduct a game in a casino or permit a game conducted
by him to be played in a casino, unless ?br>
(a) there is an order in force under this section approving the game; and
(b) the game is conducted or played in accordance with the mode of play and
rules of the game approved by such an order.
(5) Any casino operator who contravenes subsection (3) shall be liable to
disciplinary action.
(6) Any person who contravenes subsection (4) shall be ––
(a) liable to disciplinary action, in the case of a licensed special
employee; or
(b) guilty of an offence and liable on conviction to a fine not exceeding
$200,000, in any other case.
(7) It is a defence to disciplinary action or prosecution for a
contravention of subsection (4) if the special employee or other person, as
the case may be, establishes that the contravention was permitted by the
casino operator.
(8) Subsections (3) and (4) do not apply to a game played on a gaming
machine in a casino.
Directions as to games not to be played
101. ?1) The Authority may give a direction in writing to a casino operator
concerning the particular games that may not be played in the casino.
(2) The Authority may amend any such direction by a further direction in
writing to the casino operator.
(3) It is a condition of a casino licence that the casino operator is to
comply with any direction for the time being in force under this section.
Approval of gaming equipment
102. ?1) The Authority may investigate or authorise the investigation of
gaming equipment for the purpose of determining whether the equipment is
suitable to be approved for use in a casino and may require the cost of such
an investigation to be paid by a person seeking the approval.
(2) The Authority may approve gaming equipment for use in a casino and, for
that purpose, may approve particular equipment or may approve equipment of a
specified class or description and may make the approval subject to
conditions.
(3) Regulations made under this Act may specify standards with respect to
the manufacture or supply of gaming equipment for use in a casino.
(4) Despite the provisions of any other law, the possession of gaming
equipment is lawful if ?br>
(a) the possession is for the purposes of an investigation under this
section; or
(b) the equipment is identifiable in a manner approved by the Authority and
is in a casino with the approval of the Authority or the circumstances of
its possession are such as have been approved by the Authority generally or
in a particular case.
(5) This section does not apply to gaming equipment that is a gaming
machine.
Gaming machines in casinos
103. It is a condition of a casino licence that ––
(a) gaming machines intended for use in a casino shall be obtained from
manufacturers and suppliers approved by the Authority; and
(b) the number of gaming machines available for gaming in a casino shall not
exceed such number as the Authority may determine.
Simulated gaming
104. ?1) A casino operator may conduct gaming on a simulated basis for the
purpose of training employees, testing gaming equipment and gaming
procedures, and demonstrating the conduct and playing of games, but only if
?br>
(a) the casino operator has the approval of the Authority to do so; and
(b) no cash or chips are used without the approval of the Authority.
(2) Despite the provisions of any other law, the possession and use of
gaming equipment as authorised by subsection (1) is lawful.
(3) Any casino operator who contravenes subsection (1) shall be liable to
disciplinary action.
Division 2 ?Gaming measures
Linked jackpot arrangement unlawful without approval
105. ?1) A person shall not, without the approval of the Authority, install
or cause to be installed any linked jackpot arrangement.
(2) The Authority shall not approve any linked jackpot arrangement ––
(a) between a casino in Singapore and any place outside Singapore;
(b) between a casino in Singapore and any place permitted to operate a fruit
machine under the Private Lotteries Act (Cap. 250); or
(c) prohibited by regulations made under this Act.
(3) Any person who contravenes subsection (1) shall be ––
(a) liable to disciplinary action, in the case of a casino operator or a
licensed special employee; or
(b) guilty of an offence and liable on conviction to a fine not exceeding
$200,000 or to imprisonment for a term not exceeding 5 years or to both, in
any other case.
Assistance to patrons
106. ?1) A casino operator shall ?br>
(a) display a notice in accordance with the directions of the Authority
informing patrons where a copy of the rules for games under section 100 may
be inspected;
(b) display prominently in the casino ?br>
(i) the advice or information concerning those rules, the mode of payment of
winning wagers and the odds of winning each wager; and
(ii) such other advice or information to the player as the Authority
directs; and
(c) display prominently at each gaming table or location related to the
playing of a game, a sign indicating the permissible minimum and maximum
wagers pertaining to the game played there.
(2) A casino operator shall ––
(a) allow a patron to inspect a copy of the rules for games on request; and
(b) establish a system to allow patrons to voluntarily set loss limits for
gaming.
(3) Any casino operator who fails to comply with subsection (1) or (2) shall
be liable to disciplinary action.
Operation of security equipment, etc.
107. ?1) A casino operator shall ensure that all casino installations,
equipment and procedures for security and safety purposes are used, operated
and applied in accordance with the directions of the Authority.
(2) Any casino operator who fails to comply with subsection (1) shall be
liable to disciplinary action.
Credit, etc.
108. ?1) Except to the extent that this section or regulations relating to
credit allow, no casino operator, licensed junket promoter, agent of a
casino operator or casino employee shall, in connection with any gaming in
the casino ?br>
(a) accept a wager made otherwise than by means of money or chips;
(b) lend money or any valuable thing;
(c) provide money or chips as part of a transaction involving a credit card;
(d) extend any other form of credit; or
(e) except with the approval of the Authority, wholly or partly release or
discharge a debt.
(2) A casino operator may establish for a person a deposit account to which
is to be credited the amount of any deposit to the account comprising ?br>
(a) money;
(b) a cheque payable to the casino operator; or
(c) a traveller"s cheque.
(3) The casino operator may issue to a person who establishes a deposit
account and debit to the account chip purchase vouchers, cheques or money,
not exceeding in total value the amount standing to the credit of the
account at the time of issue of the vouchers, cheques or money.
(4) The casino operator may, in exchange for a cheque payable to the casino
operator or a traveller"s cheque, issue to a person chip purchase vouchers
of a value equivalent to the amount of the cheque or traveller"s cheque.
(5) A cheque accepted by the casino operator may, by agreement with the
casino operator, be redeemed in exchange for the equivalent in value to the
amount of the cheque of any one or more of the following:
(a) money;
(b) cheque payable to the casino operator;
(c) chip purchase vouchers;
(d) chips.
(6) The casino operator ?br>
(a) shall, within the time specified by the Authority by notice in writing
given to the casino operator for the purposes of this subsection, deposit
with an authorised bank a cheque accepted by the casino operator under this
section; and
(b) shall not agree to the redemption of such a cheque for the purpose of
avoiding compliance with paragraph (a).
(7) Notwithstanding anything in this section, a casino operator or a
licensed junket promoter may provide chips on credit to a person ?br>
(a) who is not a citizen or permanent resident of Singapore (as defined in
section 116 (9)); or
(b) who is a premium player,
if the casino operator or licensed junket promoter (as the case may be) and
the person satisfy the requirements of any relevant controls and procedures
approved by the Authority under section 138.
(8) Any ––
(a) casino operator who contravenes subsection (1) or (6); or
(b) licensed junket promoter, agent of a casino operator or casino employee
who contravenes subsection (1),
shall be ––
(i) liable to disciplinary action, in the case of a casino operator,
licensed special employee or licensed junket promoter; or
(ii) guilty of an offence, in any other case.
(9) Any person who ––
(a) provides chips on credit to persons other than as permitted in
subsection (7) (a) or (b) shall be deemed to be a moneylender for the
purposes of the Moneylenders Act (Cap. 188); and
(b) lends money in accordance with this section shall be deemed not to be a
moneylender for the purposes of the Moneylenders Act.
(10) In this section, “cheque?means a cheque (other than a traveller’s
cheque) that ?br>
(a) is drawn on an account of an authorised bank for a specific amount
payable on demand; and
(b) is dated but not post-dated.
Automatic teller machines prohibited within casino premises
109. ?1) A casino operator shall not provide or allow another person to
provide any automatic teller machine within the boundaries of the casino
premises.
(2) Any casino operator who contravenes subsection (1) shall be liable to
disciplinary action.
Junkets
110. ?1) No person shall organise, promote or conduct a junket without a
licence granted by the Authority in accordance with the regulations.
(2) The Authority shall not grant a licence to a junket promoter unless
satisfied that the criteria specified in the regulations are met.
(3) Any casino operator which enters into an agreement with an unlicensed
junket promoter to organise or promote a junket shall be liable to
disciplinary action.
(4) The Authority may, by notice in writing, require a casino operator to
terminate any agreement with an unlicensed junket promoter within the time
specified in the notice, and any casino operator which fails to comply with
such notice shall be liable to disciplinary action.
(5) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction ––
(a) in the case of an individual, to a fine not exceeding $150,000; or
(b) in any other case, to a fine not exceeding $300,000,
and, in the case of a continuing offence, to a further fine not exceeding ––
(i) $15,000, in the case of an individual; or
(ii) $30,000, in any other case,
for every day or part thereof during which the offence continues after
conviction.
(6) The Authority may, with the approval of the Minister, make regulations
for or with respect to regulating or prohibiting the promotion and conduct
of junkets, the licensing of junket promoters, arrangements for premium
players and the obligations of casino operators in relation to junket
promoters and premium players.
(7) In particular, the regulations may ––
(a) impose restrictions on who may be approved to organise or promote a
junket;
(b) prescribe the procedure for applications for the approval of the
Authority;
(c) prescribe the fees to be charged;
(d) require the junket promoter or the casino operator concerned to give the
Authority advance notice of the junket and to furnish to the Authority
detailed information concerning the conduct of and the arrangements for the
conduct of any junket;
(e) require any contract or other agreement that relates to the conduct of a
junket to be in a form and containing provisions approved by the Authority;
(f) require the junket promoter or the casino operator concerned to give
specified information concerning the conduct of the junket to participants
in the junket;
(g) require the junket promoter or the casino operator concerned to give the
Authority advance notice of any arrangement for premium players and to
furnish to the Authority specified information concerning the arrangement;
(h) regulate the conduct of licensed junket promoters and prescribe the
disciplinary actions, including a financial penalty not exceeding $400,000,
against any licensed junket promoter who contravenes any provision of the
regulations; and
(i) provide that any contravention of any provision of the regulations shall
be an offence punishable with a fine not exceeding $100,000 or with
imprisonment for a term not exceeding 12 months or with both.
Division 3 ?Disputes between casino operator and patron
Resolution of dispute as to winnings, losses or manner in which game
conducted
111. ?1) Where a casino operator and a patron of the casino are unable to
resolve to the satisfaction of the patron any dispute as to alleged
winnings, alleged losses or the manner in which a game is conducted, and the
dispute involves ––
(a) at least $1,000, the casino operator shall immediately notify an
inspector; or
(b) less than $1,000, the casino operator shall inform the patron of his
right to request that an inspector conduct an investigation.
(2) An inspector who is notified of a dispute under subsection (1) shall
conduct such investigations as he thinks necessary and shall determine
whether payment should be made.
(3) Failure of a casino operator to notify an inspector or inform the patron
as provided in subsection (1) is grounds for disciplinary action.
Reconsideration of inspector’s decision
112. ?1) Any party aggrieved by the decision of an inspector under section
111 may, in the prescribed manner and within the prescribed time, appeal to
the Authority requesting a hearing to reconsider the decision of the
inspector.
(2) The appeal shall set forth the basis of the request for reconsideration.
(3) If no appeal for reconsideration is made within the time prescribed, the
decision of the inspector shall be deemed final and is not subject to
reconsideration by the Authority.
(4) The Authority shall convene a committee comprising such persons as the
Authority may appoint to reconsider the decision of the inspector.
(5) The party seeking reconsideration bears the burden of showing that the
inspector"s decision should be reversed or modified.
(6) The committee appointed under subsection (4) shall be independent of the
Authority and may regulate its own procedure.
(7) After the hearing, the committee may confirm, vary or reverse the
inspector’s decision.
(8) The decision by the committee shall be in writing and shall be served on
the casino operator and the patron concerned.
Payment of claim after decision
113. ?1) Except as otherwise allowed by the Authority, a casino operator
shall pay a patron’s claim within 30 days of ––
(a) the decision of the committee under section 112; or
(b) where an appeal was made under section 114, the decision of the
Authority under that section.
(2) Failure of a casino operator to pay within the time specified in
subsection (1) is grounds for disciplinary action.
Appeal to Authority
114. A person who is aggrieved by a decision made against him by the
committee under section 112 may, within 30 days of being notified of the
decision of the committee, appeal to the Authority whose decision shall be
final.
Division 4 ?Entry to casino premises
Right of entry to casino premises
115. Except as provided by sections 118 and 119, a person enters and remains
on any casino premises only by the licence of the casino operator.
Entry levy
116. ?1) Subject to subsection (3), a casino operator shall not allow any
person who is a citizen or permanent resident of Singapore to enter or
remain on the casino premises at any time on any day unless the person has
paid to the casino operator an entry levy of ––
(a) $100 (inclusive of goods and services tax) for every consecutive period
of 24 hours; or
(b) $2,000 (inclusive of goods and services tax) for a valid annual
membership of the casino.
(2) All entry levies collected by a casino operator under subsection (1)
shall be paid to the Singapore Totalisator Board within the prescribed time
and shall be used by that Board for public, social or charitable purposes in
Singapore.
(3) A casino operator shall not refund, remit or reimburse, directly or
indirectly, any entry levy paid or payable by any person under subsection
(1).
(4) The Minister may, after the expiration of 10 years commencing from the
date on which a second site for a casino is designated by an order made
under section 2(2), by order published in the Gazette, vary the entry levies
specified in subsection (1).
(5) This section shall not apply to ––
(a) any employee of the casino;
(b) any inspector, police officer, officer of the Central Narcotics Bureau
or Corrupt Practices Investigation Bureau, civil defence officer, officer of
the Inland Revenue Authority of Singapore or employee of the Authority
acting in the discharge of his duties; or
(c) such other person or class of persons as may be prescribed.
(6) Subject to subsection (5), any citizen or permanent resident of
Singapore who enters any casino premises without paying the entry levy
specified in subsection (1) is guilty of an offence and shall be liable on
conviction to a fine not exceeding $1,000, and shall also be liable for the
amount of the entry levy specified in subsection (1) (a).
(7) Any casino operator who contravenes subsection (1), (2) or (3) shall be
liable to disciplinary action.
(8) Section 147 shall apply in relation to late payment of the entry levy as
it applies to the casino tax, and the reference to casino tax in that
section shall be read as a reference to the entry levy.
(9) In this Part, “permanent resident of Singapore?means a person who is
granted an entry permit under section 10 (1) of the Immigration Act (Cap.
133) or a re-entry permit under section 11 of that Act, which allows him to
remain in Singapore indefinitely without restriction.
Supplementary provisions relating to entry levy
117. ?1) The entry levy payable under section 116 (1) shall be levied, paid
and collected by such method as may be prescribed.
(2) The Chief Executive may require a casino operator to lodge with the
Authority such security as the Chief Executive may consider appropriate for
the payment of entry levies.
(3) Entry levies shall be recoverable from a casino operator as a civil debt
due to the Government.
(4) It shall be lawful for the Chief Executive, if it is proved to his
satisfaction that any money has been overpaid as entry levy under this Act,
to direct the refund of the money so overpaid, such refund to be paid from
entry levies collected under section 116 (1).
(5) No refund under subsection (4) shall be allowed unless a claim in
respect thereof is made within 6 months of the overpayment.
(6) Where for any reason the entry levy payable under section 116 (1) has
not been paid, or has been short paid, or the whole or any part of the entry
levy, after having been paid, has, owing to any cause, been erroneously
refunded, the person liable to pay such levy, or the person to whom the
refund has been erroneously made, as the case may be, shall pay the entry
levy not paid or short paid, or the amount erroneously refunded to him, on
demand being made by the Chief Executive, within 6 months of the date of the
non-payment, or short payment, or erroneous refund, as the case may be,
without prejudice to any other remedy for the recovery of the amount unpaid
or erroneously refunded.
(7) For the purposes of this section and section 116, every casino operator
shall be liable for every act, omission, neglect or default of any agent or
employee employed by him and acting within the scope of his employment, as
fully and effectually as if the act, omission, neglect or default were done
or committed by the casino operator.
(8) Nothing in this section shall affect the liability of the agent or
employee of a casino operator.
Entry of inspector to casino premises
118. ?1) An inspector may, at any time, enter and remain on any casino
premises for the purposes of exercising his functions as an inspector under
this Act, including but not limited to ––
(a) observing any of the operations of the casino;
(b) ascertaining whether the operations of the casino are being properly
conducted, supervised and managed;
(c) ascertaining whether the provisions of this Act are being complied with;
and
(d) in any other respect, exercising his functions under this Act.
(2) An inspector who enters premises under this section is not authorised to
remain on the premises if, on the request of the occupier of the premises,
the inspector does not show his identification card to the occupier.
Entry of police officer, etc., to casino premises
119. Any police officer, officer of the Central Narcotics Bureau or Corrupt
Practices Investigation Bureau or civil defence officer may enter any casino
premises, including any part to which the public does not have access, and
may remain there for the purpose of discharging his duty as a police
officer, officer of the Central Narcotics Bureau or Corrupt Practices
Investigation Bureau or civil defence officer, as the case may be.
Exclusion orders by casino operator
120. ?1) A casino operator may give a written exclusion order under this
section to a person, whether on the voluntary application of the person or
otherwise, prohibiting the person from entering or remaining on the casino
premises.
(2) A voluntary application under subsection (1) shall be in writing and
signed by the applicant in the presence of a person authorised by the casino
operator to witness such an application.
(3) As soon as practicable after a casino operator gives an exclusion order
under subsection (1) or revokes the order, the casino operator shall notify
the Authority and the Council of that order or the revocation of that order,
as the case may be.
Exclusion orders by Authority
121. ?1) The Authority may, by an exclusion order given to a person orally
or in writing, prohibit the person from entering or remaining on any casino
premises.
(2) An oral exclusion order lapses after 14 days.
(3) As soon as practicable after the Authority gives an exclusion order
under this section, the Authority shall notify each casino operator of that
order.
Exclusion orders by Commissioner of Police
122. ?1) The Commissioner of Police may, by a written exclusion order given
to a person, prohibit the person from entering or remaining on any casino
premises.
(2) As soon as practicable after making an exclusion order, the Commissioner
of Police shall notify each casino operator and the Authority of that order.
(3) A person who has been given an exclusion order under this section may
appeal to the Minister whose decision shall be final.
Duration of exclusion orders
123. ?1) An exclusion order made under section 121 or 122 remains in force
in respect of a person unless and until it is revoked by the person who gave
the order or by the Minister, on appeal.
(2) When an exclusion order is revoked by the Commissioner of Police or the
Minister, the Commissioner of Police shall notify each casino operator and
the Authority of the revocation.
(3) When an exclusion order is revoked by the Authority or the Minister, the
Authority shall give notice of the revocation to each casino operator as
soon as practicable after it occurs.
List of persons excluded by casino operator
124. The Authority may, from time to time, require a casino operator to
furnish a list of persons excluded from the casino premises by the casino
operator.
Excluded person not to enter casino premises
125. ?1) An excluded person shall not enter or remain, or take part in any
gaming, on any casino premises.
(2) Any person, being subject to an exclusion order made under section 121
or 122, who contravenes subsection (1) shall be guilty of an offence.
Casino operator to bar excluded persons from casino premises
126. ?1) It is a condition of a casino licence that a casino operator shall
not, without reasonable excuse, permit an excluded person to enter or remain
on the casino premises.
(2) It is a condition of a casino licence that a casino operator shall
comply with any order made under section 163 (2) (d) to close any deposit
account of a respondent named in that order.
Removal of excluded persons from casino premises
127. ?1) This section applies to the following persons on any casino
premises:
(a) the person for the time being in charge of the casino;
(b) an agent of the casino operator;
(c) a casino employee.
(2) A person to whom this section applies who knows that an excluded person
is about to enter or is on the casino premises shall ?br>
(a) notify an inspector as soon as practicable; and
(b) using no more force than is reasonably necessary ?br>
(i) prevent the excluded person from entering the casino premises; or
(ii) remove such a person from the casino premises or cause such a person to
be removed from the casino premises.
(3) Any person who fails to comply with subsection (2) shall be ––
(a) liable to disciplinary action, in the case of a casino operator or a
licensed special employee; or
(b) guilty of an offence, in any other case.
Forfeiture of winnings
128. ?1) This section applies to any person who is ?br>
(a) an excluded person; or
(b) a minor (as defined in section 130).
(2) If a person to whom this section applies enters or remains on any casino
premises in contravention of this Act, all winnings (including linked
jackpots) paid or payable to the person in respect of gaming on gaming
machines or playing any game approved under section 100 in the casino are
forfeited to the Consolidated Fund.
(3) If winnings referred to in subsection (2) comprise or include a
non-monetary prize, the casino operator shall pay the value of that prize to
the Consolidated Fund.
(4) In determining the value of a non-monetary prize for the purposes of
subsection (3), any amount of goods and services tax payable in respect of
the supply to which the prize relates is to be taken into account.
(5) The amount of winnings to be forfeited under this section shall be
investigated and determined by an authorised person whose decision shall be
final.
Division 5 ?Prohibited acts within casino premises
Conduct within casino premises
129. ?1) A casino operator shall take all appropriate steps to ensure that
the following acts are not committed by its employees, patrons or other
persons within the casino premises:
(a) soliciting for the purpose of prostitution or for any other immoral
purpose;
(b) unlicensed moneylending or related activities;
(c) drunken, disorderly or riotous behaviour.
(2) Any casino operator who contravenes subsection (1) shall be liable to
disciplinary action.
PART VII
MINORS
Interpretation of this Part
130. In this Part ?br>
"acceptable proof of age" for a person means ?
(a) documentary evidence that might reasonably be accepted as applying to
the person and as proving that the person is at least 21 years of age; or
(b) evidence that the Authority has declared by notice in writing given to a
casino operator to be acceptable evidence in relation to the operation of
the casino that a person is at least 21 years of age;
"minor" means a person who is below the age of 21 years.
Part only applies during hours of operation of casino
131. This Part applies to casino premises only during the hours of operation
of the casino.
Minors not to enter casino premises
132. ?1) A minor shall not enter or remain, or take part in any gaming, on
any casino premises.
(2) Any minor who contravenes subsection (1) shall be guilty of an offence.
Casino operator to bar minors from casino premises
133. ?1) A casino operator shall not, without reasonable excuse, permit a
minor to enter or remain on the casino premises.
(2) If a minor is on the casino premises, the casino operator shall
immediately notify an inspector.
(3) Any casino operator who contravenes subsection (1) or (2) shall be
liable to disciplinary action.
(4) It is lawful for the person for the time being in charge of a casino, an
agent of the casino operator or a casino employee to remove the minor or
cause the minor to be removed from the casino premises, using no more force
than is reasonably necessary.
(5) It is a defence to disciplinary action for a contravention of subsection
(1) or (2) if it is proved that ?br>
(a) the minor was 16 years of age or above; and
(b) before the minor entered the casino premises or while the minor was on
the casino premises there was produced to the casino operator or to his
agent or employee acceptable proof of age for the minor.
Entry of minors to be prevented
134. ?1) If a casino operator or a casino employee is aware that a person
who may reasonably be suspected of being a minor is attempting to enter the
casino premises, the casino operator or casino employee shall refuse the
person entry to the casino premises.
(2) The casino operator or casino employee is not required to refuse the
person entry if there is produced to the casino operator or casino employee
acceptable proof of age for the person.
(3) Any person who contravenes subsection (1) shall be ––
(a) liable to disciplinary action, in the case of a casino operator or a
licensed special employee; or
(b) guilty of an offence, in any other case.
Proof of age may be required
135. ?1) The person for the time being in charge of a casino, an agent of
the casino operator, a casino employee, an inspector or a police officer may
if he has reasonable cause to suspect that a person on the casino premises
is a minor ?br>
(a) require the person on the casino premises to state his correct age, name
and address; and
(b) if it is suspected on reasonable grounds that the age, name or address
given in response to the requirement is false, require the person to produce
evidence of its correctness.
(2) A person who ?br>
(a) fails to comply with a requirement under subsection (1) (a); or
(b) without reasonable cause, fails to comply with a requirement under
subsection (1) (b),
shall be guilty of an offence.
(3) It is not an offence to fail to comply with a requirement under
subsection (1) if the person who made the requirement did not inform the
person of whom the requirement was made, at the time it was made, that it is
an offence to fail to comply with the requirement.
Minor using false evidence of age
136. A minor who uses any evidence purporting to be evidence of his age in
order to obtain entry to or remain on any casino premises is guilty of an
offence if the evidence is false in a material particular in relation to the
minor.
Notices to be displayed
137. ?1) The Authority may, by written direction given to a casino
operator, require a notice or notices to be displayed within the casino
premises with respect to the exclusion from the casino premises of persons
below the age of 21 years.
(2) The direction may impose requirements as to the form, position and
matter to be displayed on any such notice.
(3) A casino operator is liable to disciplinary action if such a direction
is not complied with in relation to the casino.
PART VIII
CASINO INTERNAL CONTROLS
Approved system of controls and procedures to be implemented
138. ?1) A casino operator shall not conduct operations in the casino
unless the Authority has approved in writing of a system of internal
controls and administrative and accounting procedures for the casino.
(2) Any such approval may be amended from time to time as the Authority
thinks fit.
(3) An approval or amendment of an approval under this section takes effect
when notice of it is given in writing to the casino operator concerned, or
on a later date specified in the notice.
(4) The casino operator shall ensure that the system approved for the time
being under this section for the casino is implemented.
(5) Any casino operator who fails to comply with subsection (1) or (4) shall
be liable to disciplinary action.
Content of approved system
139. ?1) A system of internal controls and administrative and accounting
procedures approved for the purposes of section 138 shall include (but is
not limited to) details of the following:
(a) accounting procedures, including the standardisation of forms, and the
definition of terms, to be used in the operations of a casino;
(b) procedures, forms and, where appropriate, formulae for or with respect
to ?br>
(i) hold percentages and the calculation thereof;
(ii) revenue;
(iii) drop;
(iv) credit;
(v) complimentary services;
(vi) salary arrangements; and
(vii) personnel practices;
(c) job descriptions and the system of organising personnel and chain of
command authority such as to establish diversity of responsibility among
employees engaged in operations in a casino and identification of primary
and secondary supervisory positions for areas of responsibility, which areas
shall not be so extensive as to be impractical for an individual to
supervise effectively;
(d) procedures for the conduct and playing of games;
(e) procedures for the receipt, storage and disbursement of chips and cash,
the cashing of cheques, the redemption of chips and the recording of all
transactions pertaining to casino operations;
(f) procedures for the collection and security of money at the gaming tables
and other places in a casino where games are conducted, and the transfer of
such money to other areas of the casino premises for counting;
(g) procedures and forms relating to the transfer of money or chips within
the casino premises;
(h) procedures and security for the counting and recording of revenue;
(i) procedures and security for the transfer of money from casino premises
to an authorised bank and from an authorised bank to casino premises;
(j) procedures for the security, storage and recording of chips utilised in
the gaming operations within the casino premises;
(k) procedures and standards for the maintenance, security and storage of
gaming equipment;
(l) procedures for the payment and recording of winnings associated with
games where the winnings are paid by cash or cheque;
(m) procedures for the issue of chip purchase vouchers and the recording of
transactions in connection therewith;
(n) procedures for the cashing of cheques and recording of transactions by
cheque;
(o) procedures for the establishment and use of deposit accounts;
(p) procedures for the use and maintenance of security and surveillance
facilities, including closed circuit television systems;
(q) procedures governing the utilisation of security personnel within the
casino premises;
(r) procedures for the control of keys used or for use in operations in a
casino;
(s) procedures and standards for assessing the suitability of suppliers of
goods or services to the casino and the casino operator which may vary
according to the nature of the goods or services or the nature of the
suppliers of goods or services;
(t) procedures for maintaining records of the suppliers of goods and
services;
(u) procedures for the promotion and conduct of junkets and arrangements for
premium players;
(v) procedures to comply with prescribed anti-money-laundering measures; and
(w) procedures to discourage and prevent corrupt practices.
(2) For the purposes of an approval or amendment of an approval, controls
and procedures may be described narratively or represented diagrammatically,
or by a combination of both methods.
(3) The Authority may, from time to time, by notice in writing to a casino
operator, require details relating to other aspects of the casino operations
to be included in the approved system.
Banking
140. ?1) A casino operator shall ?br>
(a) keep and maintain separate accounts, as approved by the Authority, at an
authorised bank for use for all banking transactions arising under this Act
in relation to the casino operator; and
(b) from time to time provide the Authority, as required, and in a form
approved by the Authority, with a written authority addressed to the
authorised bank referred to in paragraph (a) authorising the authorised bank
to comply with any requirements of an inspector exercising the powers
conferred by this section.
(2) An inspector may, by notice in writing, require the manager or other
principal officer of an authorised bank referred to in subsection (1) to
provide the inspector with a statement of an account referred to in that
subsection and such other particulars relating to the account as may be
specified in the notice.
(3) A person to whom a notice is given under subsection (2) shall comply
with the notice.
(4) An inspector may not exercise the powers conferred by this section
without the prior written approval of the Authority.
(5) Any casino operator who fails to comply with subsection (1) shall be
liable to disciplinary action.
Accounts to be kept
141. ?1) A casino operator shall keep such accounting records as correctly
record and explain the transactions and financial position of the operations
of the casino.
(2) The accounting records shall be kept in such a manner as will enable
true and fair financial statements and accounts to be prepared from time to
time and the financial statements and accounts to be conveniently and
properly audited.
(3) Any casino operator who fails to comply with subsection (1) or (2) shall
be liable to disciplinary action.
Statement of accounts
142. ?1) A casino operator shall, as soon as practicable after the end of
its financial year, prepare financial statements and accounts, including ?br>
(a) trading accounts, where applicable, for the financial year;
(b) profit and loss accounts for the financial year; and
(c) a balance-sheet as at the end of the financial year that gives a true
and fair view of the financial operations of the casino operator in relation
to the casino.
(2) Any casino operator who fails to comply with subsection (1) shall be
liable to disciplinary action.
Keeping of records
143. ?1) A casino operator shall ensure that all records relating to the
operations of the casino are ?br>
(a) kept at a location and in a manner approved by the Authority;
(b) retained for not less than 7 years after the completion of the
transactions to which they relate; and
(c) available for inspection by an authorised person at any time during that
period.
(2) The Authority may, by instrument in writing, grant an exemption to a
casino operator from all or specified requirements of this section in
respect of all or specified, or specified classes of documents and may grant
such an exemption subject to conditions.
(3) Any casino operator who fails to comply with subsection (1) shall be
liable to disciplinary action.
Audit
144. ?1) A casino operator shall, as soon as practicable after the end of
its financial year, cause the books, accounts and financial statements of
the casino operator in relation to the casino to be audited by a person
approved by the Authority to audit the accounting records of the casino
operator.
(2) An auditor shall not be approved by the Authority as an auditor for a
casino operator unless he is able to comply with such conditions in relation
to the discharge of his duties as may be determined by the Authority.
(3) The Authority may impose such additional duties on an auditor in
relation to his audit of a casino operator as the Authority considers
necessary, the costs of which shall be borne by the casino operator.
(4) The casino operator shall cause the auditor"s report, the profit and
loss account and balance-sheet of the casino operator and any additional
information or report requested by the Authority to be lodged with the
Authority within 4 months after the end of the financial year to which the
report, profit and loss account, balance-sheet and additional information or
report, if any, relate.
(5) Any casino operator who fails to comply with subsection (1) or (4) shall
be liable to disciplinary action.
Submission of reports
145. ?1) A casino operator shall submit to the Authority reports relating
to the operations of the casino.
(2) The reports are to be submitted at the times, and are to contain the
information, that is specified by notice in writing given to the casino
operator by the Authority from time to time.
(3) Any casino operator who fails to comply with subsection (1) or (2) shall
be liable to disciplinary action.
PART IX
CASINO TAX
Payment of casino tax
146. ?1) A casino operator shall pay to the Comptroller a casino tax every
month during which the casino operator holds a casino licence.
(2) The amount of casino tax payable under subsection (1) shall be ?br>
(a) 5% of the gross gaming revenue for the month from premium players; and
(b) 15% of the gross gaming revenue for the month from any other player.
(3) The rates of tax specified in subsection (2) shall not be increased for
a period of 15 years commencing from the date on which a second site for a
casino is designated by an order made under section 2 (2).
(4) The Minister may make regulations ?br>
(a) prescribing the time and manner of payment of the casino tax;
(b) prescribing the returns, declarations, statements or forms to be
submitted by a casino operator;
(c) prescribing the records to be kept by a casino operator to determine the
gross gaming revenue (from premium players or otherwise) for each month; and
(d) generally to give effect to the provisions of this Part.
(5) Regulations made under this section may provide that any contravention
of any provision of the regulations shall be an offence punishable with a
fine not exceeding $10,000 or with imprisonment for a term not exceeding 12
months or with both.
(6) In this Part ?br>
"Comptroller" means the Comptroller of Income Tax appointed under section 3
(1) of the Income Tax Act (Cap. 134);
"gross gaming revenue" , in relation to a casino operator, means the amount
determined by
A ?B ?C,
where A is the amount of bets received on all games by the casino operator;
B is the amount paid out as winnings on all games by the casino operator;
and
C is the amount of goods and services tax payable by the casino operator in
respect of transactions involving betting, sweepstakes, lotteries, fruit
machines or gaming under the Goods and Services Tax Act (Cap. 117A);
"Minister" means the Minister for Finance.
Penalty for late payment
147. ?1) If any casino tax that is due and payable is not paid by a casino
operator by the prescribed time, a penalty equal to 5% of the amount of
casino tax payable shall be added thereto and be due and payable.
(2) If the amount of casino tax outstanding is not paid by a casino operator
within one calendar month of the imposition of the penalty as provided by
subsection (1), an additional penalty of 5% of the casino tax outstanding
shall be payable for each completed month that the casino tax remains
unpaid, but the total additional penalty shall not exceed 50% of the amount
of casino tax outstanding.
(3) Any penalty imposed under this section shall be recoverable as if it
were casino tax due and payable under this Part.
Recovery of tax
148. ?1) Casino tax due and payable under this Part shall be recoverable as
a debt due to the Government and the Comptroller may, in his own name, sue
for such tax by way of a specially endorsed writ of summons.
(2) In any proceedings referred to in subsection (1), the production of a
certificate signed by the Comptroller stating the amount of any casino tax
due by a casino operator shall be sufficient evidence of the amount so due
and sufficient authority for the court to give judgment for that amount.
Repayment of tax
149. ?1) If it is proved to the satisfaction of the Comptroller that a
casino operator has paid casino tax in excess of the amount payable under
this Part, that casino operator shall be entitled to have the amount so paid
in excess refunded.
(2) Every claim for repayment under this section shall be made within 6
years from the payment of the casino tax claimed to be paid in excess.
Evasion of tax
150. ?1) Any person who wilfully with intent to evade or to assist any
other person to evade casino tax ?br>
(a) makes any false statement, declaration or entry in any return made under
this Part or the regulations;
(b) gives any false answer, whether verbally or in writing, to any question
or request for information asked or made in accordance with this Part;
(c) prepares or maintains or authorises the preparation or maintenance of
any false record or falsifies or authorises the falsification of any record;
or
(d) makes use of any fraud, art or contrivance or authorises the use of any
such fraud, art or contrivance,
shall be guilty of an offence for which, on conviction, he shall pay a
penalty of 4 times the amount of casino tax which has been underpaid and
shall also be liable to a fine not exceeding $50,000 or to imprisonment for
a term not exceeding 5 years or to both.
(2) Where an individual has been convicted for 2 or more offences under this
section, the imprisonment he shall be liable to shall not be less than 6
months.
(3) Where in any proceedings under this section it is proved that any false
statement or entry is made in any record maintained by or on behalf of any
person, that person shall be presumed, until the contrary is proved, to have
made that false statement or entry with intent to evade casino tax.
Power of Comptroller to obtain information
151. ?1) The Comptroller may exercise his powers under sections 65, 65A and
65B of the Income Tax Act (Cap. 134) generally for the purpose of this Part.
(2) Any person who fails or neglects without reasonable excuse to comply
with any notice issued by the Comptroller under section 65 or 65A of the
Income Tax Act or any requirement of the Comptroller under section 65B of
that Act for the purpose of this Part shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $10,000 or to
imprisonment for a term not exceeding 12 months or to both.
Composition of offences by Comptroller
152. ?1) The Comptroller may compound any offence under section 150 by
collecting from a person reasonably suspected of having committed the
offence a sum not exceeding 4 times the amount of casino tax underpaid.
(2) The Comptroller may compound any offence under section 151 and the
regulations made under section 146 by collecting from a person reasonably
suspected of having committed the offence a sum not exceeding $5,000.
PART X
NATIONAL COUNCIL ON PROBLEM GAMBLING
Interpretation of this Part
153. In this Part, unless the context otherwise requires ?br>
"application" means an application for a family exclusion order;
"chairman" means the chairman of the Council;
"Committee" means any Committee of Assessors for the time being constituted
under section 157 (1);
"exclusion order" means an exclusion order made under section 165;
"family exclusion order" means a family exclusion order made under section
162;
"family member" , in relation to a respondent, means ?
(a) a spouse of the respondent;
(b) a child of the respondent, including an adopted child and a step-child;
(c) a parent of the respondent, including an adoptive parent and a
step-parent; and
(d) a sibling of the respondent, including an adoptive sibling, a
step-sibling and a half-sibling;
"Minister" means the Minister for Community Development, Youth and Sports;
"panel" means the panel of assessors appointed under section 157 (2);
"respondent" means a person against whom a family exclusion order or
exclusion order is sought or made.
Establishment of Council
154. ?1) There shall be a National Council on Problem Gambling comprising a
chairman and not less than 7 and not more than 19 other members to be
appointed by the Minister.
(2) The chairman and every member of the Council shall be appointed for a
period not exceeding 2 years and shall be eligible for reappointment.
(3) The Minister may, at any time, revoke the appointment of the chairman or
any member of the Council and may appoint any person to fill any vacancy
which may arise in the Council for any reason whatsoever.
Functions of Council
155. ?1) The functions of the Council shall be ?br>
(a) to do all the things it is authorised or required to do under this Part;
and
(b) to appoint a panel of assessors to decide on applications for the
exclusion of persons from casino premises.
(2) The Council may appoint a secretary to the Council and such other
officers as may be required to enable the Council to carry out its functions
under this Part.
(3) Every summons and notice issued under the hand of the secretary to the
Council to any person shall be deemed to be issued by the Council.
(4) The Council may, subject to the provisions of this Part, regulate its
own procedure.
(5) The Council shall not transact any business unless a quorum of not less
than half of its members, including the chairman or member presiding, is
present.
(6) The chairman, if present, shall preside at all meetings of the Council.
(7) Where the office of chairman is vacant or the chairman for any reason is
unable to attend a meeting, such other member as the members present shall
elect shall preside at the meeting.
Validity of Council’s actions
156. ?1) The Council may, subject to section 155 (5), transact its business
notwithstanding any vacancy among its members.
(2) The proceedings or any decision of the Council shall be valid
notwithstanding any defect in the appointment of its members or that some
person who was not entitled to do so took part in its proceedings.
Committee of Assessors for making exclusion orders
157. ?1) For the purpose of hearing and determining an application for a
family exclusion order under section 158 or of making an exclusion order
under section 165, the chairman of the Council shall, from time to time,
constitute a Committee of Assessors consisting of ?br>
(a) a chairman, being a member of the Council; and
(b) 2 other members selected from the panel of assessors appointed under
subsection (2).
(2) For the purpose of enabling a Committee to be constituted under
subsection (1), there shall be a panel of assessors, the members of which
shall be appointed by the Council.
(3) The panel shall consist of such number of persons as the Council may
determine.
(4) A person appointed to the panel shall, unless his appointment is revoked
by the Council under subsection (6) or he resigns, be a member of the panel
for a period of 2 years or for such shorter period as the Council may in any
case determine, but shall be eligible for reappointment.
(5) Where a person ceases to be a member of the panel, the Council shall, as
soon as is reasonably practicable, take steps to fill the vacancy in the
Committee of which he is a member, but the existence of any vacancy in the
Committee shall not invalidate the acts of the Committee.
(6) The Council may at any time revoke the appointment of a member of the
panel.
(7) There shall be paid to the members of the panel such salaries, fees and
allowances as the Council may determine.
Committee to hear and determine applications for family exclusion orders
158. ?1) A Committee shall hear and determine in accordance with this Part
all applications for family exclusion orders referred to the Committee under
section 159 (2).
(2) Sittings of a Committee shall be held at such places and times as the
chairman of the Committee may determine.
(3) No party to any proceedings before a Committee may be represented by an
advocate and solicitor except that the person making the application on
behalf of an applicant under section 160 or 161 may represent the applicant
before a Committee although he may be an advocate and solicitor.
(4) A Committee shall have the power to ––
(a) summon any person whom it may consider able to give evidence to attend
at the hearing of an application; and
(b) examine such person as a witness and to require such person to produce
such records, documents or articles as the Committee may think necessary for
the purposes of the proceedings.
(5) Every person examined as a witness by or before a Committee shall,
notwithstanding any written law or rule of law relating to the
confidentiality of medical information or any rule of practice relating to
client confidentiality, be legally bound to state the truth and to produce
such records, documents or articles as the Committee may require for the
purposes of carrying out its functions and duties under this Part.
(6) In proceedings under this Part, a Committee is to decide questions of
fact on the balance of probabilities.
(7) A Committee shall not be bound by the strict rules of evidence and shall
determine the conduct of its proceedings.
(8) At any meeting of a Committee under this Part ?br>
(a) all 3 members of the Committee shall be personally present to constitute
a quorum; and
(b) any question arising at the meeting of the Committee shall be determined
by a majority of votes of the members present and, in the case of an
equality of votes, the chairman of the Committee shall have a casting vote.
Application for family exclusion order
159. ?1) An application for a family exclusion order may be made by ?br>
(a) a family member of the respondent adversely affected by the respondent’s
gambling; or
(b) a person referred to in section 160 or 161 on behalf of a family member
referred to in paragraph (a).
(2) An application shall be made to the Council in writing in the form
approved by the Council, and the Council shall refer the application to a
Committee.
Application by or on behalf of person below 21 years
160. An application that could otherwise be made by a person under this Part
may, if the person is below the age of 21 years, be made ?br>
(a) by the person, with the permission of the Council, if the person is at
least 16 years of age; or
(b) on behalf of the person by ?br>
(i) a parent or guardian of the person; or
(ii) with the permission of the Council, any other family member or other
relative of the person.
Application on behalf of incapacitated applicant
161. Where a person is unable to make an application (whether by reason of
physical or mental infirmity or for any other reason), the application may
be made on his behalf ?br>
(a) with the permission of the Council, by any family member or other
relative of the person; or
(b) by any person appointed by the Minister.
Grounds for making family exclusion order
162. ?1) On an application referred to a Committee under section 159 (2),
the Committee may make a family exclusion order against a respondent if ?br>
(a) there is a reasonable apprehension that the respondent may cause serious
harm to family members because of his gambling;
(b) the Committee is satisfied that the making of the order is appropriate
in the circumstances;
(c) the respondent has been given an opportunity to object to the
application; and
(d) the Committee is satisfied that it would be in the best interests of the
respondent and his family members to make the order.
(2) For the purposes of this Part, a respondent is to be regarded as having
caused serious harm to family members because of his gambling if the
respondent ?br>
(a) has engaged in gambling activities irresponsibly having regard to the
needs and welfare of the respondent’s family members; and
(b) has done so repeatedly over a period of not less than 3 months or in a
particularly irresponsible manner over a lesser period.
(3) A Committee may decide that there is a reasonable apprehension that a
respondent may cause serious harm to family members because of his gambling
if the Committee is satisfied that ?br>
(a) the respondent has caused such harm prior to the complaint, according to
the test set out in subsection (2); and
(b) there is reason to believe that the respondent"s irresponsible gambling
behaviour will continue or recur.
(4) A Committee may, in determining whether there is a reasonable
apprehension that a respondent may cause serious harm to family members
because of his gambling, take into account events that have taken place
outside Singapore.
(5) If a respondent disputes some or all of the grounds on which a family
exclusion order is sought or made but consents to the order, a Committee may
make or confirm the order without receiving any further submissions or
evidence as to the grounds.
(6) A Committee may, at any stage, dismiss an application if the Committee
is satisfied that the application is frivolous, vexatious, without substance
or has no reasonable prospect of success.
(7) A Committee shall report to the Council its decision on every
application referred to the Committee accordingly and briefly state the
reasons for its decision.
Terms of family exclusion order
163. ?1) A family exclusion order ?br>
(a) shall specify the period during which it is in force; and
(b) may apply for the benefit of all of the respondent"s family members or
specified family members.
(2) Without limiting the matters that may be the subject of a family
exclusion order, an order may do one or more of the following:
(a) refer the respondent to participate in a program of counselling,
rehabilitation or special education or any combination of these;
(b) bar the respondent from entering or remaining, or taking part in any
gaming on any casino premises;
(c) require the respondent to close any deposit account in a casino;
(d) require a casino operator to close any deposit account of the respondent
with the casino.
Making family exclusion order in respondent’s absence
164. ?1) A family exclusion order may be made in the absence of the
respondent if the respondent was required by summons to appear at the
hearing of the application and failed to appear at the time and place
appointed for the purpose.
(2) A Committee may from time to time, without requiring the attendance of
any party, adjourn the hearing to which a respondent is summoned to a later
date if satisfied that the summons has not been served or that there is
other adequate reason for the adjournment.
(3) The date fixed in the first instance for the hearing to which the
respondent is summoned must be within 28 days of the date of the
application.
(4) The date fixed for an adjourned hearing must be within 28 days of the
date on which the adjournment is ordered unless the Committee is satisfied
that ?br>
(a) a later date is required to enable the summons to be served; or
(b) there is other adequate reason for fixing a later date.
(5) An order made under this section ?br>
(a) continues in force until the conclusion of the hearing to which the
respondent is summoned or, if the hearing is adjourned, until the conclusion
of the adjourned hearing; but
(b) will not be effective after the conclusion of the hearing to which the
respondent is summoned or the adjourned hearing unless the Committee
confirms the order ?br>
(i) on the failure of the respondent to appear at the hearing in obedience
to the summons;
(ii) having considered any evidence given by or on behalf of the respondent;
or
(iii) with the consent of the respondent.
(6) A Committee may confirm a family exclusion order in an amended form.
(7) If a hearing is adjourned, the Committee at the adjourned hearing need
not be constituted of the same members as constituted the Committee when it
ordered the adjournment.
Committee may make exclusion order in certain circumstances
165. ?1) A Committee may, on its own motion, by written order make an
exclusion order against a person if it comes to the attention of the
Committee that the person ––
(a) is on any social assistance programme funded by the Government or any
statutory body;
(b) has a bankruptcy application filed against him or is an undischarged
bankrupt; or
(c) has a poor credit record.
(2) A Committee may give a written exclusion order under this section to a
person on the voluntary application of the person.
(3) Before a Committee makes an exclusion order against any person under
subsection (1), the Committee shall give the person a reasonable opportunity
to object to the proposed order.
(4) An exclusion order made under subsection (1) or (2) shall bar the person
named in the order from entering or remaining on any casino premises for as
long as the person satisfies subsection (1) (a), (b) or (c) or for such
other period as may be specified in the order.
(5) A Committee may, at any time, revoke an exclusion order made under
subsection (1) or (2) against a person if, having regard to all the
circumstances of the case, the Committee is of the opinion that an exclusion
order would no longer be in the best interests of the person and his family
members.
(6) A person who is aggrieved by an exclusion order made against him by a
Committee under subsection (1) may, within 30 days of being notified of the
decision of the Committee, appeal to the Council whose decision shall be
final.
Variation or revocation of family exclusion order or exclusion order by
Council
166. ?1) The Council may confirm, vary or revoke a family exclusion order
or an exclusion order on application by ?br>
(a) a family member for whose benefit the order was made; or
(b) the respondent.
(2) An application for variation or revocation of an order under subsection
(1) may be made by the respondent only with the permission of the Council
and permission is only to be granted if the Council is satisfied that there
has been a substantial change in the relevant circumstances since the order
was made or last varied.
(3) The Council shall, before confirming, varying or revoking an order under
this section, allow the respondent and, in the case of a family exclusion
order, a family member for whose benefit the order was made, a reasonable
opportunity to be heard on the matter.
(4) The decision of the Council under this section shall be final.
Service of family exclusion order or exclusion order
167. ?1) A family exclusion order or exclusion order made by a Committee
must be served on the respondent and is not binding on the person named in
the order until it has been so served.
(2) If a family exclusion order or exclusion order is confirmed in an
amended form or is varied at any time, the order in its amended or varied
form must be served on the respondent and until so served ?br>
(a) the variation is not binding on the respondent; and
(b) the order as in force prior to the variation continues to be binding on
the respondent.
Notification of making, variation or revocation of family exclusion order or
exclusion order
168. A copy of every family exclusion order or exclusion order, and a copy
of every variation or revocation of such order must be provided by the
Council to ––
(a) the applicant, if any;
(b) the Authority;
(c) the Commissioner of Police; and
(d) every casino operator.
Secrecy
169. ?1) Except as provided under section 168 and this section, the
proceedings of a Committee shall be secret.
(2) No member of a Committee shall disclose or divulge to any person, other
than ––
(a) the Minister;
(b) any member or officer of the Council; or
(c) any officer of the Authority,
any matter which has arisen at any proceedings of the Committee unless he is
expressly authorised to do so by the Minister.
Rules
170. ?1) The Council may, with the approval of the Minister, make such
rules as may be necessary or expedient to give effect to the provisions and
purposes of this Part and for the due administration thereof.
(2) Without prejudice to the generality of subsection (1), the Council may,
with the approval of the Minister, make rules to prescribe ?br>
(a) the procedure for the conduct of any proceedings by the Council;
(b) the procedure for the conduct of any proceedings by a Committee;
(c) the forms necessary for the administration of this Part; and
(d) any fees for an application and other charges for the purposes of this
Part.
PART XI
GENERAL OFFENCES
Possession of certain things prohibited
171. ?1) A person shall not use any device for the purpose of enabling the
person or some other person to count or otherwise record cards dealt in the
course of gaming in the casino.
(2) A person shall not, in any casino or on premises within any designated
site, use or have in his possession ?br>
(a) chips that he knows or has reason to believe are bogus or counterfeit
chips;
(b) cards, dice or coins that he knows or has reason to believe have been
marked, loaded or tampered with;
(c) any equipment, device or thing that permits or facilitates cheating or
stealing; or
(d) such other thing as may be prescribed.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an
offence and shall be liable on conviction ––
(a) in the case of an individual, to a fine not exceeding $150,000 or to
imprisonment for a term not exceeding 7 years or to both; or
(b) in the case of a corporation, to a fine not exceeding $300,000.
(4) Subsection (2) does not prohibit the possession in a casino of any thing
referred to in that subsection by a person in charge of the casino, an agent
of the casino operator, a casino employee, an inspector, or a police
officer, if that thing has been seized by any of those persons from another
person for use as evidence in proceedings for an offence.
Unlawful interference with gaming equipment
172. ?1) A person shall not, in a casino or on premises within any
designated site ?br>
(a) be in possession of any device made or adapted, or intended by the
person to be used, for improperly interfering with gaming equipment;
(b) do any act or thing calculated, or likely, to improperly interfere with
gaming equipment; or
(c) insert, or cause to be inserted, in a gaming machine any thing other
than Singapore currency or a gaming token of the denomination or type
displayed on the gaming machine as a gaming token to be used in order to
operate or gain credit on the gaming machine.
(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction ––
(a) in the case of an individual, to a fine not exceeding $150,000 or to
imprisonment for a term not exceeding 7 years or to both; or
(b) in the case of a corporation, to a fine not exceeding $300,000.
(3) If a police officer or an inspector believes on reasonable grounds that
a person has committed an offence under subsection (1), the police officer
or inspector may search the person for any device or thing that the police
officer or inspector suspects was used in the commission of the offence.
Possession of chips outside designated site
173. ?1) A person shall not, except in a casino or on premises within any
designated site, have in his possession chips the aggregate value of which
exceeds $10,000 or such other amount as may be prescribed in substitution
thereof.
(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $150,000 or to
imprisonment for a term not exceeding 5 years or to both.
Forgery
174. ?1) No person shall ?br>
(a) forge or counterfeit chips, a chip purchase voucher, a licence under
this Act or a special employee"s form of identification; or
(b) use as genuine counterfeit chips or a forged or counterfeit chip
purchase voucher, licence under this Act or special employee"s form of
identification, knowing or having reason to believe the same to be forged or
counterfeit.
(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction ––
(a) in the case of an individual, to a fine not exceeding $150,000 or to
imprisonment for a term not exceeding 7 years or to both; or
(b) in the case of a corporation, to a fine not exceeding $300,000.
Impersonation
175. ?1) No person shall impersonate ?br>
(a) the holder of a special employee licence; or
(b) an inspector.
(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $25,000 or to
imprisonment for a term not exceeding 3 years or to both.
Refusal to provide information, etc.
176. ?1) Any person who ––
(a) fails, without reasonable excuse, to produce for inspection any
machinery, equipment or records in the possession or under the control of
the person when required so to do by an inspector or a police officer in the
performance of his functions under this Act; or
(b) fails, without reasonable excuse, to attend before an inspector or a
police officer and answer questions or supply information when required so
to do by the inspector or police officer in the performance of his functions
under this Act,
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or
to both.
(2) If a person is charged with an offence under subsection (1) in respect
of a requirement to produce a document, it shall be a defence for him to
prove that ?br>
(a) the document was not in his possession or under his control; and
(b) it was not reasonably practicable for him to comply with the
requirement.
(3) If a person is charged with an offence under subsection (1) in respect
of a requirement ?br>
(a) to provide information;
(b) to provide an explanation of a document; or
(c) to state where a document is to be found,
it shall be a defence for him to prove that he had a reasonable excuse for
failing to comply with the requirement.
Destroying or falsifying documents
177. Any person who, having been required to produce a document to the
Authority, an inspector or an authorised person under this Act ?br>
(a) intentionally or recklessly destroys or otherwise disposes of it,
falsifies it or conceals it; or
(b) causes or permits its destruction, disposal, falsification or
concealment,
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding $100,000 or to imprisonment for a term not exceeding 2 years
or to both.
False or misleading information
178. ?1) Any person who provides information to the Authority, a police
officer, an inspector or any authorised person in connection with any
application to the Authority or any function or duty of the Authority,
police officer, inspector or authorised person under this Act shall be
guilty of an offence if ?br>
(a) the information is false or misleading in a material particular; and
(b) he knows that it is false or misleading in a material particular or is
reckless as to whether it is.
(2) A person who ?br>
(a) provides any information to another person, knowing the information to
be false or misleading in a material particular; or
(b) recklessly provides any information to another person which is false or
misleading in a material particular,
knowing that the information is to be used for the purpose of providing
information to the Authority, a police officer, an inspector or any
authorised person in connection with any application to the Authority or any
function or duty of the Authority, police officer, inspector or authorised
person under this Act, shall be guilty of an offence.
(3) Any person guilty of an offence under subsection (1) or (2) shall be
liable on conviction to a fine not exceeding $50,000 or to imprisonment for
a term not exceeding 2 years or to both.
Obstructing officer of Authority, etc.
179. Any person who refuses to give access to, or obstructs, hinders or
delays ––
(a) any member, officer, employee or agent of the Authority authorised to
act for or assist the Authority;
(b) any inspector or person assisting an inspector; or
(c) any authorised person,
in the discharge of his duties under this Act shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $50,000 or to
imprisonment for a term not exceeding 2 years or to both.
PART XII
ENFORCEMENT POWERS AND PROCEEDINGS
Detention of suspected person
180. ?1) A person who is ?br>
(a) for the time being in charge of a casino;
(b) an agent of the casino operator; or
(c) a casino employee,
and who suspects on reasonable grounds that a person within the casino
premises is committing, attempting to commit or has committed any offence
under Part XI or under a prescribed provision of this Act may detain the
suspected person in a suitable place on or near the casino premises until
the arrival at the place of detention of a police officer or an inspector.
(2) A person may not be detained under this section unless ?br>
(a) no more force is used than may be reasonably necessary;
(b) the person detained is informed of the reasons for the detention; and
(c) the person effecting the detention immediately notifies a police officer
or an inspector of the detention and the reasons for the detention.
Powers of enforcement
181. ?1) In addition to the powers conferred on him by this Act or any
other written law, an inspector or authorised person may, in relation to any
offence under this Act, on declaration of his office and production to the
person against whom he is acting such identification card as the Chief
Executive may direct to be carried by inspectors or authorised persons ?br>
(a) require any person whom he reasonably believes to have committed that
offence to furnish evidence of the person"s identity;
(b) require any person to furnish any information or produce any book,
document or copy thereof in the possession of that person, and may, without
fee or reward, inspect, copy or make extracts from such book or document; or
(c) require, by order in writing, the attendance before the inspector or
authorised person of any person within the limits of Singapore who, from any
information given or otherwise obtained by the officer or employee, appears
to be acquainted with the circumstances of the case.
(2) Any person who ?br>
(a) wilfully mis-states or without lawful excuse refuses to give any
information or produce any book, document or copy thereof required of him by
an inspector or authorised person under subsection (1); or
(b) fails to comply with a lawful demand of an inspector or authorised
person in the discharge by such inspector or authorised person of his duties
under this Act or any other written law,
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or
to both.
Powers of arrest
182. ?1) Any inspector or authorised person may arrest without warrant any
person whom he reasonably believes has committed a seizable offence under
this Act.
(2) Any inspector or authorised person who is not a police officer may
exercise all or any of the powers in relation to investigations into a
seizable offence conferred on a police officer by the Criminal Procedure
Code (Cap. 68) in any case relating to the commission of a seizable offence
under this Act or in any case where a seizable offence is disclosed under
any written law in the course of an investigation under this Act.
(3) For the purposes of this section, offences punishable with imprisonment
for 3 years or upwards and an offence under section 179 shall be deemed to
be seizable offences within the meaning of the Criminal Procedure Code.
Refusal to give name and residence
183. ?1) Any inspector or authorised person may arrest any person whom he
reasonably believes has committed a non-seizable offence under this Act in
order that his name or residence may be ascertained, if that person ––
(a) refuses on the demand of the inspector or authorised person to give his
name and residence;
(b) gives a name or residence which the inspector or authorised person has
reason to believe to be false; or
(c) gives as his residence a place not within Singapore.
(2) Any person arrested under subsection (1) shall, within 24 hours from the
arrest or immediately in the case of a person who gives his residence as a
place outside Singapore, be taken before a Magistrate’s Court, unless before
that time his true name and residence are ascertained, in which case he
shall be immediately released on his executing a bond with or without
sureties before a police officer not below the rank of inspector for his
appearance before a Magistrate’s Court, if so required.
(3) When any person is taken before a Magistrate’s Court, the Court may
either require him to execute a bond with or without a surety for his
appearance before a Magistrate’s Court if so required, or may order him to
be detained in custody until he can be tried.
Appeal to Minister against Authority’s decision
184. ?1) Except as otherwise provided in this section, any decision of the
Authority under this Act is final and is not subject to appeal or review.
(2) A person aggrieved by any decision of the Authority ?br>
(a) to cancel or suspend, or to refuse to grant, any licence or other
authorisation;
(b) to amend, or to refuse to amend, the conditions of any licence;
(c) to issue, or to refuse to revoke, any exclusion order under section 121;
or
(d) to require the termination of a contract under section 76,
may, within 28 days of receipt of the decision, appeal to the Minister whose
decision shall be final.
(3) An appeal shall ––
(a) be in writing; and
(b) specify the grounds on which it is made.
(4) After consideration of an appeal, the Minister may ––
(a) reject the appeal and confirm the decision; or
(b) allow the appeal (in whole or part) and substitute a new decision or
vary the decision,
and the appellant shall be notified in writing of the Minister’s decision in
respect of his appeal accordingly.
(5) Nothing in this section prejudices the right of the Authority to make a
further decision in respect of that person for a reason considered
sufficient by the Authority.
(6) An appeal against a decision does not affect the operation of the
decision or prevent the taking of action to implement the decision.
No right to compensation for cancellation, etc.
185. Subject to section 4, no right to compensation enforceable against the
Authority arises in relation to the cancellation, suspension or variation of
the terms of any licence, or an amendment of the conditions of any licence,
under this Act.
Information gathering for law enforcement purposes
186. ?1) For the purpose of carrying out its duties and functions under
this Act or obtaining information that may be of assistance to a law
enforcement agency, the Authority may direct a casino operator in writing to
provide the Authority with information obtained by the casino operator
concerning the operations of the casino.
(2) Such direction may relate to particular information or to information
generally and may relate to particular or general information concerning a
specified person.
(3) The direction shall specify ?br>
(a) the kind of information that the casino operator is required to provide;
and
(b) the manner in which the information is to be provided.
(4) It is a condition of a casino licence that the casino operator shall
comply with such a direction.
(5) The Authority may make information obtained by the Authority under this
section available to any law enforcement agency.
(6) In this section, “law enforcement agency?means ?br>
(a) the Singapore Police Force;
(b) the Central Narcotics Bureau;
(c) the Corrupt Practices Investigation Bureau; or
(d) any other authority or person responsible for the enforcement of any
written law.
(7) The provisions of this section are in addition to, and not in derogation
of, any other written law conferring powers on any law enforcement agency to
obtain information.
Protection of informers
187. ?1) Except as provided in subsection (3), no witness in any civil or
criminal proceedings shall be obliged ?br>
(a) to disclose the name and address of any informer who has given
information with respect to an offence under this Act; or
(b) to answer any question if the answer thereto would lead, or would tend
to lead, to the discovery of the name or address of any informer.
(2) If any book, document or paper which is in evidence or liable to
inspection in any civil or criminal proceedings contains any entry in which
any informer is named or described or which may lead to his discovery, the
court shall cause those entries to be concealed from view or to be
obliterated so far as may be necessary to protect the informer from
discovery.
(3) If ?br>
(a) in any proceedings before a court for an offence under this Act, the
court, after full inquiry into the case, is satisfied that an informer
wilfully made a material statement which he knew or believed to be false or
did not believe to be true; or
(b) in any other proceedings, the court is of the opinion that justice
cannot be fully done between the parties thereto without the disclosure of
the name of an informer,
the court may permit inquiry and require full disclosure concerning the
informer.
Evidence
188. ?1) In proceedings under this Act, an assertion ?br>
(a) that, at a specified time or during a specified period, a specified
person was the Minister administering any Act;
(b) that, at a specified time or during a specified period, a specified
person held, or is acting in, a specified office;
(c) that a signature purporting to be the signature of a Minister, an
inspector, a police officer or an authorised person is the signature it
purports to be;
(d) that, at a specified time or during a specified period, a specified
person was, or was not, the holder of a specified licence, permit, approval
or other authorisation under this Act; or
(e) that, at a specified time, a person attained a specified age or that, at
a specified time or during a specified period, a specified person was below
or above a specified age,
is evidence of the fact or facts asserted.
(2) In proceedings under this Act ?br>
(a) a document purporting to be a copy of a direction, notice, order,
requirement or decision given or made under this Act is evidence of a
direction, notice, order, requirement or decision of which it purports to be
a copy;
(b) a document purporting to be a copy of a licence, permit, approval or
other authorisation under this Act is evidence of the licence, permit,
approval or authorisation of which it purports to be a copy; and
(c) evidence that a person accepted service of a document is evidence of the
authority of the person to accept service of the document.
PART XIII
MISCELLANEOUS
Offences by bodies corporate, etc.
189. ?1) Where an offence under this Act committed by a body corporate is
proved ?br>
(a) to have been committed with the consent or connivance of an officer of
the body corporate; or
(b) to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of the offence and
shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members,
subsection (1) shall apply in relation to the acts and defaults of a member
in connection with his functions of management as if he were a director of
the body corporate.
(3) Where an offence under this Act committed by a partnership is proved ?br>
(a) to have been committed with the consent or connivance of a partner; or
(b) to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of the offence and
shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated
association (other than a partnership) is proved ?br>
(a) to have been committed with the consent or connivance of an officer of
the unincorporated association or a member of its governing body; or
(b) to be attributable to any neglect on the part of such an officer or
member,
the officer or member as well as the unincorporated association shall be
guilty of the offence and shall be liable to be proceeded against and
punished accordingly.
(5) In this section ?br>
"body corporate" includes a limited liability partnership which has the same
meaning as in section 2 (1) of the Limited Liability Partnerships Act 2005
(Act 5 of 2005);
"officer" ?
(a) in relation to a body corporate, means any director, partner, member of
the committee of management, Chief Executive, manager, secretary or other
similar officer of the body corporate and includes any person purporting to
act in any such capacity; or
(b) in relation to an unincorporated association (other than a partnership),
means the president, the secretary, or any member of the committee of the
unincorporated association, or any person holding a position analogous to
that of president, secretary or member of a committee and includes any
person purporting to act in any such capacity;
"partner" includes a person purporting to act as a partner.
(6) Regulations may provide for the application of any provision of this
section, with such modifications as the Authority considers appropriate, to
any body corporate or unincorporated association formed or recognised under
the law of a territory outside Singapore.
Preservation of secrecy
190. ?1) Except for the purpose of the performance of his duties or the
exercise of his functions or when lawfully required to do so by any court or
under the provisions of any written law, no person who is or has been ?br>
(a) a member, an officer, an employee or an agent of the Authority;
(b) a person on secondment or attachment to the Authority;
(c) a person authorised, appointed, employed or directed by the Authority to
exercise the Authority’s powers, perform the Authority"s functions or
discharge the Authority’s duties or to assist the Authority in the exercise
of its powers, the performance of its functions or the discharge of its
duties under this Act or any other written law;
(d) an inspector or a person authorised, appointed or employed to assist an
inspector in connection with any function or duty of the inspector under
this Act; or
(e) an officer of the Inland Revenue Authority of Singapore,
shall disclose any information relating to the affairs of the Authority or
of any other person which has been obtained by him in the performance of his
duties or the exercise of his functions.
(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $2,000 or to
imprisonment for a term not exceeding 2 years or to both.
Co-operation between Authority and foreign casino regulatory bodies
191. ?1) The Authority may, with the approval of the Minister, enter into
arrangements with any foreign casino regulatory body whereby each party to
the arrangements may ?br>
(a) furnish to the other party information in its possession if the
information is required by that other party for the purpose of performance
by it of any of its functions; and
(b) provide such other assistance to the other party as will facilitate the
performance by that other party of any of its functions.
(2) The Authority shall not furnish any information to a foreign casino
regulatorybody pursuant to such arrangements unless it requires of, and
obtains from, that body an undertaking in writing by it that it will comply
with terms specified in that requirement, including terms that correspond to
the provisions of any other written law concerning the disclosure of that
information by the Authority.
(3) The Authority may give an undertaking to a foreign casino regulatory
body that it will comply with terms specified in a requirement made of the
Authority by the body to give such an undertaking where ?br>
(a) those terms correspond to the provisions of any law in force in the
country or territory in which the body is established, being provisions
which concern the disclosure by the body of the information referred to in
paragraph (b); and
(b) compliance with the requirement is a condition imposed by the body for
furnishing information in its possession to the Authority pursuant to the
arrangements referred to in subsection (1).
(4) In this section, “foreign casino regulatory body?means a person in whom
there are vested functions under the law of another country or territory
with respect to the enforcement or the administration of provisions of law
of that country or territory concerning casinos.
Protection from liability
192. No action, suit or other legal proceedings shall lie against the
Authority or personally against ?br>
(a) any member, officer, employee or agent of the Authority;
(b) any member of the Council, any person authorised, appointed or employed
to assist the Council or any member of any Committee of Assessors
constituted under section 157 (1);
(c) any person who is on secondment or attachment to the Authority;
(d) any person authorised, appointed, employed or directed by the Authority
to exercise the Authority’s powers, perform the Authority’s functions or
discharge the Authority’s duties or to assist the Authority in the exercise
of its powers, the performance of its functions or the discharge of its
duties under this Act or any other written law; or
(e) any inspector or any person authorised, appointed or employed to assist
an inspector in connection with any function or duty of the inspector under
this Act,
for anything done (including any statement made) or omitted to be done in
good faith in the course of or in connection with ?br>
(i) the exercise or purported exercise of any power under this Act or any
other written law;
(ii) the performance or purported performance of any function or the
discharge or purported discharge of any duty under this Act or any other
written law; or
(iii) the compliance or purported compliance with this Act or any other
written law.
Public servants
193. All members, officers and employees of the Authority, all inspectors
and all members of the Council and any Committee of Assessors constituted
under section 157 (1) shall be deemed to be public servants for the purposes
of the Penal Code (Cap. 224).
Jurisdiction of court
194. Notwithstanding any provision to the contrary in the Criminal Procedure
Code (Cap. 68), a District Court shall have jurisdiction to try any offence
under this Act and shall have power to impose the full penalty or punishment
in respect of the offence.
General penalty
195. ?1) Any casino operator guilty of an offence under this Act for which
no penalty is expressly provided shall be liable on conviction to a fine not
exceeding $100,000.
(2) Any person (other than a casino operator) guilty of an offence under
this Act for which no penalty is expressly provided shall be liable on
conviction to a fine not exceeding $10,000 or to imprisonment for a term not
exceeding 12 months or to both.
(3) Unless otherwise expressly provided, where a corporation (other than a
casino operator) is convicted of an offence under this Act, the penalty that
the court may impose is a fine not exceeding 2 times the maximum amount
that, but for this subsection, the court could impose as a fine for that
offence.
Composition of offences
196. ?1) The Authority may, in its discretion, compound any offence under
this Act which is prescribed as a compoundable offence by collecting from a
person reasonably suspected of having committed the offence a sum not
exceeding ––
(a) one half of the amount of the maximum fine that is prescribed for the
offence; or
(b) $5,000,
whichever is the lower.
(2) On payment of such sum of money, no further proceedings shall be taken
against that person in respect of the offence.
(3) The Authority may, with the approval of the Minister, make regulations
to prescribe the offences which may be compounded.
(4) All sums collected under this section shall be paid to the Authority.
Fines and financial penalties to be paid to Authority
197. ?1) All fines imposed under this Act shall be paid to the Authority.
(2) Any financial penalty payable by any person under this Act shall be paid
to the Authority and recoverable by the Authority as a debt due to the
Authority from that person; and the person"s liability to pay shall not be
affected by his licence ceasing, for any reason, to be in force.
General exemption
198. The Authority may, with the approval of the Minister, by order, exempt
any person or premises or any class of persons or premises from all or any
of the provisions of this Act, subject to such terms or conditions as may be
specified in the order.
Service of summonses and notices, etc.
199. ?1) Any summons, notice, order or document required or authorised by
this Act to be given to or served on any person, and any summons issued by a
court against any person in connection with any offence under this Act may
be served on the person ?br>
(a) by delivering it to the person or to some adult member or employee of
his family or household at his last known place of residence;
(b) by leaving it at his usual or last known place of residence or place of
business in an envelope addressed to the person;
(c) by sending it by registered post addressed to the person at his usual or
last known place of residence or place of business; or
(d) in the case of an incorporated company, a partnership or a body of
persons ?br>
(i) by delivering it to the secretary or other like officer of the company,
partnership or body of persons at its registered office or principal place
of business; or
(ii) by sending it by registered post addressed to the company, partnership
or body of persons at its registered office or principal place of business.
(2) Any notice, order, document or summons sent by registered post to any
person in accordance with subsection (1) shall be deemed to be duly served
on the person at the time when the notice, order, document or summons, as
the case may be, would in the ordinary course of post be delivered and, in
proving service of the notice, order, document or summons, it shall be
sufficient to prove that the envelope containing the same was properly
addressed, stamped and posted by registered post.
(3) Any notice, order or document required or authorised by this Act to be
served on the owner or occupier of any premises or any summons issued by a
court against any such owner or occupier in connection with any offence
under this Act may be served by delivering it or a true copy thereof to some
adult person on the premises or, if there is no such person on the premises
to whom it can with reasonable diligence be delivered, by affixing the
notice, order, document or summons to some conspicuous part of the premises.
(4) Any notice, order or document required or authorised by this Act to be
served on the owner or occupier of any premises or any summons issued by a
court against any such owner or occupier in connection with any offence
under this Act shall be deemed to be properly addressed if addressed by the
description of the owner or occupier of the premises without further name or
description.
Regulations
200. ?1) The Authority may, with the approval of the Minister, make
regulations for any purpose for which regulations are required to be made
under this Act and generally for carrying out the purposes and provisions of
this Act.
(2) Without prejudice to the generality of subsection (1), the Authority
may, with the approval of the Minister, make regulations for or with respect
to all or any of the following matters:
(a) the manner of appointment, conduct and discipline and the terms and
conditions of service of inspectors and other employees of the Authority;
(b) the establishment of funds for the payment of gratuities and other
benefits to employees of the Authority;
(c) the fees to be charged in respect of anything done or any services
rendered by the Authority under or by virtue of this Act;
(d) the installations, devices and equipment to be provided on casino
premises for gaming, surveillance, communications and other purposes and the
maintenance of the installations, devices and equipment;
(e) the hours of operation of a casino and any temporary cessation of
operation;
(f) the facilities and amenities to be provided for patrons of, and
inspectors on duty in, a casino and the maintenance of those amenities;
(g) the provision to players of gaming machines in a casino of information
relevant to gaming on gaming machines;
(h) the adjudicating of disputes between a casino operator and its patrons;
(i) the provision and security of drop boxes and other places for the
depositing of money;
(j) advertising relating to a casino;
(k) the submission of reports by casino operators;
(l) regulating within casino premises the activities of persons who are on
the casino premises in the course of their employment or prohibiting any of
those activities;
(m) the testing of operations, or of proposed operations, in a casino;
(n) regulating the conduct of gaming and provision of credit for gaming in a
casino;
(o) standards for the manufacture or supply of gaming equipment for use in a
casino;
(p) the movement, acquisition, storage, servicing, rectification or
destruction of gaming equipment used or for use in a casino;
(q) the form of controlled contracts within the meaning of section 72, the
approval of the Authority in relation to specified classes of those
contracts and the requirements for disclosure to the Authority of any such
contracts;
(r) the establishment of a system of awarding demerit points for the purpose
of disciplinary actions against casino operators, licensed special employees
of a casino or licensed junket promoters;
(s) the hearing of appeals to the Minister;
(t) anti-money-laundering requirements;
(u) additional duties of auditors of casino operators;
(v) any other matter or thing required or permitted to be prescribed or
necessary to be prescribed to give effect to this Act.
(3) Regulations made under this Act ?br>
(a) may provide that any contravention of any provision of the regulations
shall be an offence punishable with ––
(i) in the case of a casino operator, a fine not exceeding $100,000; or
(ii) in any other case, a fine not exceeding $10,000 or imprisonment for a
term not exceeding 12 months or both;
(b) may be of general or of specially limited application;
(c) may differ according to differences in time, place or circumstance; and
(d) may provide for such transitional, savings and other consequential,
incidental and supplemental provisions as the Minister considers necessary
or expedient.
Related amendments to Civil Law Act
201. Section 5 of the Civil Law Act (Cap. 43) is amended by inserting,
immediately after subsection (3), the following subsections:
(3A) Subsections (1) and (2) shall not apply to ?br>
(a) a contract for gaming that is conducted under the control or supervision
of a person or an organisation that is exempted under section 24 of the
Common Gaming Houses Act (Cap. 49) from the provisions of that Act in
respect of such gaming;
(b) a contract for betting that is held, promoted, organised, administered
or operated by a person or an organisation that is exempted under section 22
of the Betting Act (Cap. 21) from the provisions of that Act in respect of
such betting, only if the betting takes place under the control or
supervision of that person or organisation;
(c) a contract for betting that takes place on a totalisator conducted by or
on behalf of the Singapore Totalisator Board or a turf club in accordance
with an approved scheme; and
(d) a contract to participate in a private lottery promoted or conducted by
the holder of a permit granted under section 4 of the Private Lotteries Act
(Cap. 250).
(3B) In the case of a person or an organisation exempted under section 24 of
the Common Gaming Houses Act in respect of any gaming conducted for or on
behalf of another person or organisation, subsection (3A) (a) applies only
if the contract is for gaming conducted by that person or organisation for
or on behalf of that other person or organisation.
(3C) Subsection (3A) (a) shall not apply to any gaming conducted in premises
owned or used by a private body exempted under the Common Gaming Houses Act.
(3D) In the case of a person or an organisation exempted under section 22 of
the Betting Act in respect of any betting held, promoted, organised,
administered or operated for or on behalf of another person or organisation,
subsection (3A) (b) applies only if the contract is for betting held,
promoted, organised, administered or operated by that person or organisation
for or on behalf of that other person or organisation.
(3E) In subsection (3A) ?br>
"contract" excludes a contract for or which involves ?
(a) the lending of any money or other valuable thing for such gaming or
wagering;
(b) the extension of any form of credit for such gaming or wagering; or
(c) the giving of security in respect of the act referred to in paragraph
(a) or (b);
"private body" has the same meaning as in any notification made under the
Common Gaming Houses Act (Cap. 49) which exempts gaming conducted in
premises owned or used by a private body;
"private lottery" has the same meaning as in the Private Lotteries Act (Cap.
250);
“totalisator? “Singapore Totalisator Board? “turf club?and “approved
scheme?have the same meanings as in the Singapore Totalisator Board Act
(Cap. 305A).
Related amendments to Income Tax Act
202. The Income Tax Act (Cap. 134) is amended ?br>
(a) by inserting, immediately after subsection (7) of section 12, the
following subsections:
(8) There shall be deemed to be derived from Singapore any commission or
other payment paid to a junket promoter for arranging a junket with a casino
operator in Singapore which is ?br>
(a) borne, directly or indirectly, by a person resident in Singapore or a
permanent establishment in Singapore except in respect of any business
carried on outside Singapore through a permanent establishment outside
Singapore; or
(b) deductible against any income accruing in or derived from Singapore.
(9) In this section, “casino operator? “junket?and “junket promoter?have
the same meanings as in the Casino Control Act 2006.
(b) by inserting, immediately after section 45G, the following section:
Application of section 45 to commission or other payment of junket promoter
45H. ?1) Subject to subsection (2), section 45 shall apply in relation to
the payment of any commission or other payment by any person to a junket
promoter not known to him to be resident in Singapore for arranging a junket
with a casino operator in Singapore as section 45 applies to any interest
paid by a person to another person not known to him to be resident in
Singapore and, for the purpose of such application, any reference in that
section to interest shall be construed as a reference to such commission or
payment.
(2) For the purpose of this section, the deduction of tax under section 45
shall be at the rate of 3%.
(3) In this section, “casino operator? “junket?and “junket promoter?have
the same meanings as in the Casino Control Act 2006.
(c) by deleting the words “or 45E (1) (a)?in section 46 (1) (a) and
substituting the words ? 45E (1) (a) or 45H?
THE SCHEDULE
Section 7 (2)
CONSTITUTION AND PROCEEDINGS OF AUTHORITY
Appointment of Chairman and other members
1. ?1) The Chairman and other members shall be appointed by the Minister.
(2) The Minister may appoint the Chief Executive to be a member of the
Authority.
Tenure of office of members
2. A member shall hold office on such conditions and for such term, as the
Minister may determine.
Deputy Chairman
3. ?1) The Minister may appoint any member to be the Deputy Chairman of the
Authority.
(2) At any time when the Chairman is absent or otherwise incapable of acting
and no temporary Chairman has been appointed, the Deputy Chairman may
exercise any of the functions of the Chairman.
Temporary Chairman
4. The Minister may appoint any member to be a temporary Chairman during the
temporary incapacity from illness or otherwise, or during the temporary
absence from Singapore, of the Chairman.
Temporary members
5. The Minister may appoint any person to be a temporary member during the
temporary incapacity from illness or otherwise, or during the temporary
absence from Singapore, of any member.
Revocation of appointment
6. The Minister may, at any time, revoke the appointment of the Chairman or
the Deputy Chairman or any member without assigning any reason.
Resignation
7. Any member may resign from his appointment at any time by giving notice
in writing to the Minister.
Chairman may delegate functions
8. The Chairman may, by instrument in writing, authorise any member to
exercise any power or perform any function conferred on the Chairman by or
under this Act.
Vacation of office
9. The office of a member shall be vacated if the member ?br>
(a) has been absent, without leave of the Authority, from 3 consecutive
meetings of the Authority; or
(b) becomes in any manner disqualified from membership of the Authority.
Filling of vacancies
10. If a member resigns, dies or has his appointment revoked or otherwise
vacates his office before the expiry of the term for which he has been
appointed, the Minister may appoint another person for the unexpired period
of the term of office of the member in whose place he is appointed.
Disqualification from membership
11. No person shall be appointed or shall continue to hold office as a
member if he ?br>
(a) is of unsound mind;
(b) is an undischarged bankrupt or has made any arrangement or composition
with his creditors; or
(c) is convicted of an offence involving dishonesty, fraud or moral
turpitude and has not received a free pardon.
Disclosure of interest by members
12. ?1) A member who is in any way, directly or indirectly, interested in
––
(a) a transaction or project of the Authority; or
(b) a transaction or project involving a casino operator or an associate of
a casino operator,
shall disclose the nature of his interest at the first meeting of the
Authority at which he is present after the relevant facts have come to his
knowledge.
(2) A disclosure under sub-paragraph (1) shall be recorded in the minutes of
the meeting of the Authority and, after the disclosure, that member shall
not take part in any deliberation of the Authority with respect to that
transaction or project.
(3) For the purpose of determining whether there is a quorum, a member shall
be treated as being present at a meeting notwithstanding that under
sub-paragraph (2) he cannot vote or has withdrawn from the meeting.
Salaries, fees and allowances payable to members
13. There shall be paid to the Chairman and other members, out of the funds
of the Authority, such salaries, fees and allowances as the Minister may
from time to time determine.
Meetings and proceedings of Authority
14. ?1) The Chairman shall summon meetings as often as may be required.
(2) At every meeting of the Authority, a quorum shall consist of 3 members.
(3) A decision at a meeting of the Authority shall be adopted by a simple
majority of the members present and voting except that in the case of an
equality of votes the Chairman or member presiding shall have a casting vote
in addition to his original vote.
(4) The Chairman or in his absence the Deputy Chairman shall preside at all
meetings of the Authority.
(5) Where both the Chairman and the Deputy Chairman are absent at a meeting,
such member as the members present may elect shall preside at that meeting.
(6) Where not less than 4 members of the Authority request the Chairman by
notice in writing signed by them to convene a meeting of the Authority for
any purpose specified in the notice, the Chairman shall, within 7 days from
the receipt of the notice, convene a meeting for that purpose.
(7) The Authority may act notwithstanding any vacancy in its membership.
(8) Subject to the provisions of this Act, the Authority may make rules to
regulate its own procedure generally, and, in particular, the holding of
meetings, the notice to be given of such meetings, the proceedings thereat,
the keeping of minutes and the custody, production and inspection of such
minutes.
Validity of acts
15. The acts of a member shall be valid notwithstanding any defect in his
appointment or qualifications.
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