PART I | Short title and commencement |
| 1. This Act may be cited as the Casino Control Act and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint. |
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; |
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| “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 under section 100; [Act 36 of 2012 wef 31/01/2013] |
| “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 marketing arrangement” means an arrangement whereby a person organises, promotes or facilitates the playing of any game in a casino by one or more patrons, for which the first-mentioned person receives from the casino operator or from the person for the time being in charge of the casino —| (a) | a commission based on the turnover of play in the casino attributable to the patron or patrons or otherwise derived from the play of the patron or patrons; | | (b) | a share of the casino operator’s gross gaming revenue from the patron or patrons; or | | (c) | such other form of payment or rebate, monetary or otherwise, as may be prescribed; [Act 36 of 2012 wef 31/01/2013] |
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| “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; |
| “chip purchase voucher” means a voucher issued by a casino operator to a patron named in the voucher entitling the patron to be issued with chips of an equivalent value to that specified in the voucher; [Act 36 of 2012 wef 31/01/2013] |
| “chips” means any tokens used instead of money for the purpose of gaming and includes any voucher or other instrument that has a fixed dollar wagering value; |
| “Comptroller” means the Comptroller of Income Tax appointed under section 3(1) of the Income Tax Act (Cap. 134) and includes, for all purposes of this Act except the exercise of the powers conferred on the Comptroller by sections 146A(2) and 152, a Deputy Comptroller or an Assistant Comptroller appointed under section 3(1) of the Income Tax Act; [Act 36 of 2012 wef 31/01/2013] |
| “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; |
| “Development Agreement” means an agreement in writing by a statutory body to lease a designated site to a person (referred to hereinafter as the lessee) for the development of an integrated resort thereon by the lessee on the terms and conditions stated in the agreement, and includes any supplemental agreement or other document amplifying or modifying those terms and conditions; [Act 36 of 2012 wef 31/01/2013] |
| “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; |
| “electronic table game” means a gaming machine used for the purpose of playing a game traditionally played at tables, and includes any electronic device through which bets may be placed on a game played at a table; [Act 36 of 2012 wef 31/01/2013] |
| “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; | | (b) | a family exclusion order, provisional family exclusion order or exclusion order under Part X; [Act 36 of 2012 wef 31/01/2013] | | (c) | section 165A; or [Act 36 of 2012 wef 31/01/2013] | | (d) | section 165D for the remainder of any month by reason of his having made the maximum number of visits to any casino for the month as specified by a visit limit imposed on him; [Act 36 of 2012 wef 31/01/2013] |
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| “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; |
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“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; |
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| “Inland Revenue Authority of Singapore” means the Inland Revenue Authority of Singapore established under section 3 of the Inland Revenue Authority of Singapore Act (Cap. 138A); [22/2009 wef 22/10/2009] |
| “inspector” means an inspector appointed under section 13(5); |
| “integrated resort” means a development comprising hotel, retail, dining, entertainment, recreation and other facilities, and of which a casino may be a part; [Act 36 of 2012 wef 31/01/2013] |
| “international market agent” means a person, other than an employee of a casino operator, who performs any of the functions specified in section 110A(2) in relation to one or more casino marketing arrangements; [Act 36 of 2012 wef 31/01/2013] |
| “international market agent licence” means a licence issued by the Authority to an international market agent under section 110B; [Act 36 of 2012 wef 31/01/2013] |
| “international market agent representative” means an individual who is employed by an international market agent to organise, promote or conduct a casino marketing arrangement on behalf of the international market agent; [Act 36 of 2012 wef 31/01/2013] |
| “international market agent representative licence” means a licence issued by the Authority to an international market agent representative under section 110B; [Act 36 of 2012 wef 31/01/2013] |
| “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; |
| [Deleted by Act 36 of 2012 wef 31/01/2013] |
| [Deleted by Act 36 of 2012 wef 31/01/2013] |
| [Deleted by Act 36 of 2012 wef 31/01/2013] |
“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; |
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| “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; |
| “match play coupon” means a coupon issued by a casino operator to a patron which, when presented by the patron together with chips in any wager, augments the patron’s wager according to a ratio, percentage or value specified in the coupon; [Act 36 of 2012 wef 31/01/2013] |
| “member” means a member of the Authority; |
| “Minister”, except in section 45A and Parts IX and X, means the Minister for Home Affairs; [Act 36 of 2012 wef 31/01/2013] |
“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; |
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| “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 or, if no one has been registered in the land-register, the person who has entered into a Development Agreement to lease the designated site; [Act 36 of 2012 wef 31/01/2013] |
“premium player” means a patron of a casino who opens a deposit account with the casino operator with a credit balance of not less than $100,000, where —| (a) | the deposit is in such form as may be prescribed; | | (b) | the period during which the credit balance in the deposit account is below $100,000 does not exceed such period as may be prescribed; and | | (c) | the deposit account fulfils such other conditions as may be prescribed; [Act 36 of 2012 wef 31/01/2013] |
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| “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, whether or not an employee of a casino operator, 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; [Act 36 of 2012 wef 31/01/2013] |
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| “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 —| (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. |
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(3) In this Act —| (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. |
[Vic. CCA 1991, ss. 3, 37] |
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| 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, in the opinion of the Authority, is able or will be able to exercise a significant influence over or with respect to the management or operation of the casino business of the casino operator or applicant. [Act 36 of 2012 wef 31/01/2013] (1A) In determining whether a person is able or will be able to exercise the significant influence referred to in subsection (1), the Authority may consider all or any of the following:| (a) | whether the person holds or will hold any relevant financial interest in the casino business of the casino operator or applicant; | | (b) | whether the person 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; | | (c) | whether the person 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; | | (d) | the degree of direct or indirect influence that the person has in the management or operation of the casino business of the casino operator or applicant; | | (e) | any other matter that the Authority considers relevant. [Act 36 of 2012 wef 31/01/2013] |
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(2) In this section —“relevant financial interest”, in relation to a business, means —| (a) | any share in the capital of the business; [Act 36 of 2012 wef 31/01/2013] | | (b) | any entitlement to receive any income derived from the business; or [Act 36 of 2012 wef 31/01/2013] | | (c) | any contribution to the capital of the business, whether by a loan or otherwise; [Act 36 of 2012 wef 31/01/2013] |
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| “relevant position”, in relation to a business, means the position of director or manager, or other executive position, however that position is designated; [Act 36 of 2012 wef 31/01/2013] |
“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. [Vic. CCA 1991, s. 4] |
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| 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. [Telcom. Act, s. 5] |
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