PART 1 | Short title and commencement |
| 1. This Act is the Gambling Control Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette. |
2. The purposes of this Act are —| (a) | to authorise some gambling and prohibit the rest as unlawful gambling; | | (b) | to prohibit advertising of unlawful gambling; | | (c) | to minimise social harm associated with gambling, including problem gambling; | | (d) | to ensure the integrity and fairness of gambling and ban irresponsible gambling products and practices; and | | (e) | to limit opportunities for crime or dishonesty associated with gambling and the conduct of gambling. |
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3.—(1) In any provision of this Act, unless the context otherwise requires —| “a point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater or anywhere else; |
| “applicant” means an applicant for or to renew a licence; |
| “approved gambling venue”, for a licensee, means any place or premises approved under section 64 as an approved gambling venue for the licensee to use in connection with providing a gambling service authorised by the licence thereof; |
| “authorised officer”, in relation to any provision of this Act, means an individual who is appointed under section 122 to perform any function or exercise any power under that provision; |
| “Authority” means the Gambling Regulatory Authority of Singapore, which is the Casino Regulatory Authority of Singapore continued and renamed under section 3 of the Gambling Regulatory Authority of Singapore Act 2022; |
“business” includes —| (a) | a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis; and | | (b) | any business, whether or not carried on for profit, |
| and the fact that an unincorporated association provides services to its members does not prevent those services from being services provided in the course of business; |
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| “casino” means any premises in Singapore that is covered by a casino licence granted under section 49 of the Casino Control Act 2006; |
| “casino gambling” means gambling that takes place within any casino; |
| “category 1 key officer”, in relation to an applicant or a licensee, means an individual who is within a class of key officers prescribed to be category 1 key officers of such an applicant or a licensee; |
| “category 2 key officer”, in relation to an applicant or a licensee, means an individual who is within a class of key officers prescribed to be category 2 key officers of such an applicant or a licensee; |
“chief executive”, in relation to a licensee, means an individual (by whatever name described) who —| (a) | is in the direct employment of, or acting for or by arrangement with, the licensee; and | | (b) | is principally responsible for the management and conduct of the business of the licensee insofar as it relates to providing a gambling service, |
| and includes an individual for the time being performing all or any of the functions or duties of a chief executive; |
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| “class licence” means a class licence determined under an order made under section 60(1) and as from time to time varied under section 61; |
| “class licensee” means a person to which a class licence applies; |
“communication device” means a machine, device or thing designed or capable of being used for —| (a) | sending or receiving oral messages or messages in writing, voice calls or video calls; | | (b) | sending or receiving electronic documents; | | (c) | sending or receiving still or moving images; | | (d) | sending or receiving audio or video files; or | | (e) | providing access to the Internet, |
| using any technology (including remote communication technology), and includes a mobile phone and any wireless handheld device (such as a tablet computer) or wearable device (such as a smart watch); |
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| “compliance officer” means an individual who is appointed under section 123 as a compliance officer; |
“computer server” means a computer that is capable of —| (a) | communicating with another computer; and | | (b) | providing to that other computer —| (i) | access to a database; | | (ii) | transaction‑based services; or | | (iii) | software applications; |
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| “conducting a betting operation” has the meaning given by section 6; |
| “conducting a lottery” has the meaning given by section 10; |
| “conducts gaming” has the meaning given by section 8; |
“contractor”, in relation to any person, means —| (a) | a person engaged by another person (P) otherwise than under a contract of service to engage in any conduct; or | | (b) | a direct or an indirect subcontractor engaged by a contractor mentioned in paragraph (a) when the subcontractor is working under the direct or indirect direction of P as to the manner in which the work is carried out; |
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| “convey” means carriage on any conveyance (whether or not in the course of a business), and includes any operation incidental to the whole course of carriage, such as loading, unloading and storage in transit; |
| “conveyance” means any aircraft, train, vehicle, vessel or other mode of transport, whether of passengers or goods or both; |
| “corporation” means a body corporate formed or incorporated or existing in or outside Singapore, and includes any foreign company within the meaning of the Companies Act 1967; |
| “credit” includes any form of financial accommodation; |
“defined work”, in relation to an approved gambling venue or a gaming machine room of a licensee, means —| (a) | to deliver any goods, provide any services or perform any work (whether as a contractor or employee) that is connected to the business, undertaking or work of the licensee carried on at the approved gambling venue or a gaming machine room; | | (b) | to seek a contract of employment or contract for service with the licensee; or | | (c) | to execute an order of a court or a direction given by or on behalf of a public officer or a public authority in exercise of a power under any written law; |
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| “director” has the meaning given by section 4(1) of the Companies Act 1967; |
| “document” means any thing in which information or material of any description is recorded; |
“electronic service” means —| (a) | a service that allows end‑users to access information or material using a broadcasting service or a telecommunication service for carrying messages or other information or material (whether between persons and persons, things and things or persons and things); or | | (b) | a service that delivers information or material to persons having equipment appropriate for receiving that information or material, where the delivery of the service is by a broadcasting service or telecommunication service described in paragraph (a); |
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“engage in conduct” means —| (a) | to do an act or omit to do an act —| (i) | on a single occasion; or | | (ii) | on a number of occasions over a period of time; or |
| | (b) | to both do an act and omit to do an act —| (i) | on a single occasion; or | | (ii) | on a number of occasions over a period of time; |
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“entity” means —| (a) | a body corporate (including a limited liability partnership); | | (b) | an unincorporated association; | | (c) | a partnership; | | (d) | a body of individuals who together form a body; or | | (e) | a person other than an individual; |
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| “entry ban” means an entry ban made under section 79(1) or (3); |
| “event” includes a contingency relating to an event; |
“excluded person” means an individual who is subject to —| (a) | an exclusion order or a family exclusion order made under section 162, 165 or 165C of the Casino Control Act 2006 against the individual; | | (b) | a provisional family exclusion order made under section 164 of the Casino Control Act 2006 against the individual; | | (c) | section 165A of the Casino Control Act 2006; or | | (d) | an entry ban made against the individual; |
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| “exercise of skill” includes a display of knowledge; |
| “financial benefit” means any thing of economic value, and includes property and services; |
| “gambling” has the meaning given by section 4; |
“gambling agency agreement” means an agreement between a licensee or a class licensee and another person —| (a) | appointing the other person as a gambling service agent of the licensee or class licensee (as the case may be) for the provision of a gambling service authorised by the licensee’s licence or the class licence of the class licensee; | | (b) | dealing with the gambling service agent’s authority; and | | (c) | stating the conditions under which the person acts as, and remains as, an agent of the licensee or class licensee, as the case may be; |
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“gambling article” means —| (a) | any machine, apparatus, appliance, equipment, instrument, communication device or other device, accessory or any other thing (whether or not of a similar kind), that —| (i) | is used, apparently used, likely to be used or capable of being used in conducting, or in connection with conducting, a betting operation, gaming or a lottery; or | | (ii) | is evidence of, or signifies participation in, gambling or a right to participate in gambling that is not social gambling; or |
| | (b) | any list, card, ticket, voucher, accounts or other document that —| (i) | is used, apparently used, likely to be used or capable of being used, in conducting, or in connection with conducting, a betting operation, gaming or a lottery; or | | (ii) | is evidence of, or signifies participation in, gambling or a right to participate in gambling that is not social gambling, |
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| whether or not it is ordinarily used for some other purpose; |
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“gambling ban”, in relation to an individual, means —| (a) | an exclusion order or a family exclusion order made under section 162, 165 or 165C of the Casino Control Act 2006 against the individual; | | (b) | a provisional family exclusion order made under section 164 of the Casino Control Act 2006 against the individual; | | (c) | section 165A(3) of the Casino Control Act 2006 where applicable to the individual; or | | (d) | an entry ban made against the individual; |
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“gambling service” means any of the following services, including such a service provided through a gambling service agent:| (a) | a service comprising wholly or in part of —| (i) | the placing, making, receiving, accepting or negotiating of bets; | | (ii) | operating a betting exchange or betting information centre; | | (iii) | operating a totalisator; | | (iv) | organising pool betting; | | (v) | matching gamblers; | | (vi) | laying or offering odds; or | | (vii) | offering an opportunity to or otherwise facilitating others to bet in accordance with arrangements made by the service provider; |
| | (b) | a service for the conduct of a lottery; | | (c) | a service for the supply of lottery tickets; | | (d) | a service —| (i) | for others to play a game of chance; or | | (ii) | offering an opportunity to or otherwise facilitating others to play a game of chance, |
| for a prize in accordance with arrangements made by the service provider; |
| | (e) | a service of controlling or operating a computer server —| (i) | in Singapore that enables any game of chance to be played by others in Singapore or elsewhere by remote communication for a prize; or | | (ii) | in Singapore or elsewhere that enables any game of chance to be played by others in Singapore by remote communication for a prize; |
| | (f) | a service of making available to others any gaming machine for the purpose of gambling; |
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“gambling service agent”, in relation to a licensee or class licensee, means a person who is, under a gambling agency agreement, appointed as an agent of the licensee or class licensee in relation to any gambling service that —| (a) | is provided by the licensee or class licensee; and | | (b) | is specified in that agreement; |
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“gambling venue” means any place or premises in Singapore used or to be used in connection with conducting a betting operation, gaming or a lottery, but excludes the following:| (a) | any casino; | | (b) | any place or premises in Singapore that is used exclusively to contain a computer server used for conducting a betting operation, gaming or a lottery; |
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“gambling venue approval” means an approval that —| (a) | is granted under section 64 to a licensee in respect of a place or premises as an approved gambling venue for the licensee to use in connection with providing a gambling service authorised by the licence thereof; and | | (b) | is in force; |
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“granted” or “grant”, for a licence or gambling venue approval, includes —| (a) | granted or grant on renewal; or | | (b) | treated as granted under the Second Schedule; |
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| “home”, of an individual, means the individual’s ordinary place of residence in Singapore; |
| “IMDA” means the Info‑communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016; |
“information or material” means information or material in any form, such as (but not limited to) —| (a) | oral, audible, written, electronic or digital form; | | (b) | words or symbols, or visual, pictorial or graphic form (for example, an anthropomorphic or a humanlike depiction), and whether still or moving; and | | (c) | 3 or 2 dimensional form, |
| and includes information or material in any combination of forms; |
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“internet access service” means a telecommunication service between a point in Singapore and another point in Singapore or between 2 points, one of which is in Singapore, that —| (a) | enables end‑users to access information or material on the Internet using that service; or | | (b) | delivers information or material to persons having equipment appropriate for receiving that information or material on the Internet, where the delivery of the service is by a telecommunication service described in paragraph (a), |
| but excludes a relevant electronic service, a social media service and any other telecommunication service excluded by the Regulations; |
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| “IRAS” means the Inland Revenue Authority of Singapore established under the Inland Revenue Authority of Singapore Act 1992; |
| “key officer”, in relation to an applicant for a licence to provide a gambling service or a licensee authorised under its licence to provide a gambling service, means an individual who performs (whether or not appointed under a contract of service) such duties in relation to the applicant or licensee as are prescribed with respect to that gambling service; |
“law enforcement agency” means —| (a) | the Singapore Police Force; | | (b) | the Central Narcotics Bureau; | | (c) | the Corrupt Practices Investigation Bureau; or | | (d) | any other public sector agency which is charged with the duty of investigating offences or charging offenders under any written law and designated by the Minister for the purposes of this definition; |
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| “licence” means a licence that is granted under section 54 and is in force; |
| “licensee” means a person to whom a licence is granted under this Act but does not include a class licensee; |
“licensing objectives” means the objectives of —| (a) | preventing gambling from being a source of crime or disorder, or being associated with crime or disorder or being used to support crime; | | (b) | ensuring that gambling is conducted honestly; and | | (c) | minimising the adverse social effects of lawful gambling; |
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| “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005; |
| “list of excluded persons” means the list of excluded persons established and maintained under section 168 of the Casino Control Act 2006, as varied or updated from time to time; |
“live broadcast”, of an event, means —| (a) | an audio or a video broadcast of the event in the manner generally accepted within the broadcasting industry as live; and | | (b) | the simultaneous audio or visual transmission, through the Internet or other form of communication network, from the place where the event is taking place to another place, including any reasonable period of delay, due to any technical or other reason, between any part of the sporting event and the audio or visual transmission of it; |
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| “lottery” has the meaning given by section 9; |
| “MAS” means the Monetary Authority of Singapore established under the Monetary Authority of Singapore Act 1970; |
| “modification” or “modify”, in relation to the conditions of a licence or gambling venue approval, includes deleting, or varying and substituting a condition, and adding a condition; |
| “money equivalent” has the meaning given by section 14; |
| “National Council on Problem Gambling” or “NCPG” means the National Council on Problem Gambling established under section 154 of the Casino Control Act 2006; |
| “occupier”, in relation to any place or premises, has the meaning given by subsections (3) and (4); |
| “offence under this Act” includes an offence under any Regulations; |
“officer” —| (a) | in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —| (i) | any person purporting to act in any such capacity; and | | (ii) | for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; |
| | (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, and includes —| (i) | any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and | | (ii) | any person purporting to act in any such capacity; and |
| | (c) | in relation to a partnership (including a limited partnership), means a partner of the partnership, |
| and includes any person carrying out the duties of any such office referred to in paragraph (a), (b) or (c) if the office is vacant; |
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| “on‑course betting” and “off‑course betting” have the meanings given by section 13(4); |
| “partner”, in relation to a limited partnership, includes a limited partner in the limited partnership; |
| “place” includes any premises and any conveyance, and any part of any premises or conveyance; |
“place‑based gambling” means engaging in any conduct in person as follows at premises as a customer of a place‑based gambling service provided at those premises:| (a) | making a bet; | | (b) | participating in a lottery, |
| but excludes any on‑course betting and off‑course betting; |
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“place‑based gambling service” means a gambling service —| (a) | that is for —| (i) | the placing, making, receiving or accepting of bets, or the sole or dominant purpose of which is to introduce individuals who wish to make or place bets to others who are willing to receive or accept those bets; or | | (ii) | the sale and purchase of lottery tickets or offering of an opportunity to or otherwise facilitating others to participate in a lottery; |
| | (b) | that is provided only to customers who are attending at a particular premises; | | (c) | if the placing, making, receiving or accepting of bets or purchasing of lottery tickets or participating in a lottery may be engaged in by a customer at the particular premises using remote communication, that is provided on the basis that — | (i) | dealings with such customers involve only the use of an approved automated electronic equipment or an approved electronic media application (or app); | | (ii) | the approved automated electronic equipment is available for use, or the approved electronic media application (or app) is usable, only by any customer who is attending at the particular premises; and | | (iii) | the approved automated electronic equipment is not available for use and the approved electronic media application (or app) is not usable by customers in connection with another gambling service unless the other gambling service is provided by the provider of the firstmentioned gambling service; and |
| | (d) | that is provided by or on behalf of a licensee which is authorised to provide the gambling service at those particular premises; |
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“premises” means —| (a) | any space, whether built on or not and whether underground or underwater, or any part of such a space; or | | (b) | any building or structure, whether situated underground or underwater, or any part of a building or structure or place, |
| but does not include a conveyance; |
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“prize”, in relation to any gambling, includes any money or money equivalent or any thing else of value that may be won under the arrangements for that gambling —| (a) | whether or not described as a prize; and | | (b) | whether or not consisting wholly or partly of any money or money equivalent or any thing else of value paid or provided by the persons of the class among whom the prize is allocated; |
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| “provision of this Act” includes a provision of any Regulations; |
| “public” includes a section of the public; |
| “public authority” means any body established or constituted by or under any public Act to perform a public function; |
| “public place” means any place to which the public has access as of right or by virtue of express or implied permission, whether or not on payment of a fee and whether or not access to the place may be restricted at particular times or for a particular purpose, and includes any place in which an individual is at work unless that is the individual’s home; |
| “recognised technician” means a technician recognised by the Authority; |
| “Regulations” means any regulations made under section 126; |
“regulatory action” means any action that may be taken by the Authority under Part 7 against —| (a) | a licensee or class licensee; | | (b) | a former licensee or former class licensee; or | | (c) | a supplier of any gaming machine, |
| and includes a confirmed interim order under section 91 and a directive under section 92; |
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“relevant electronic service” means any of the following electronic services that is supplied to the public:| (a) | an electronic service that enables end‑users to communicate, by means of email, with other end‑users; | | (b) | an online instant messaging service that enables end‑users to communicate with other end‑users; | | (c) | a service that enables end‑users to play online games with other end‑users; | | (d) | a service that specialises in providing links or facilitating access to, or information or material about, online locations, such as (but not limited to) a search engine, directory service or web browser; | | (e) | an electronic service which allows a person to transmit material to more than one end‑user simultaneously, also called a point‑to‑multipoint service; |
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“remote communication” means communication through —| (a) | the Internet; | | (b) | the telephone or other communication device; | | (c) | the television or radio; or | | (d) | any other kind of electronic or other technology for facilitating communication, |
| but excludes any specific system or method of communication that the Minister, by order in the Gazette, declares not to be treated as remote communication for the purposes of this Act; |
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| “remote communication equipment” includes a computer or computer system and a communication device; |
| “remote gambling” has the meaning given by section 11; |
“repeat offender”, in relation to any offence under this Act, means a person who —| (a) | is convicted, or found guilty, of such an offence (called the current offence); and | | (b) | has been convicted or found guilty, on at least one other earlier occasion before the date on which the person is convicted or found guilty of the current offence, of —| (i) | the same offence; or | | (ii) | another offence prescribed as a countable offence in respect of the current offence; |
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“requisite surveillance system”, for an approved gambling venue, means any equipment or device (including any software) or a collection of such equipment and devices (including any software) that —| (a) | is capable of monitoring and recording visual images of activities (with or without recording any sound) occurring within the approved gambling venue and in any place in the immediate vicinity of that approved gambling venue; and | | (b) | is required by Regulations to be installed in that approved gambling venue for the approved gambling venue to operate in compliance with the provisions of this Act; |
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“responsible executive”, in relation to an applicant or a licensee or class licensee, means an officer thereof who is —| (a) | in the case of a corporation, a director, chief executive, general manager or a person in a position analogous to any of those offices; | | (b) | in the case of a corporation whose affairs are managed by its members, a member designated by those members to be the responsible executive of the corporation; | | (c) | in the case of a partnership (including a limited partnership), a partner of the partnership; or | | (d) | in the case of a society or unincorporated association (other than a partnership), a president, secretary or treasurer or a person in a position analogous to that of a president, secretary or treasurer, |
| and includes any person carrying out the duties of any such office referred to in paragraph (a), (c) or (d) if the office is vacant; |
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“restricted period”, for an approved gambling venue or a gaming machine room of a licensee, means the hours that the licensee concerned —| (a) | is authorised under its licence to provide facilities in the gambling venue or gaming machine room (as the case may be) for others to gamble; and | | (b) | is using, or allowing the use of, the approved gambling venue or gaming machine room for gambling; |
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| “section of the public” includes the members of a particular club, society or organisation; |
“security sensitive information” means information held by a law enforcement agency that relates to actual or suspected criminal activity (whether in Singapore or elsewhere) the disclosure of which could reasonably be expected to —| (a) | prejudice a criminal investigation; | | (b) | enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; | | (c) | endanger a person’s life or physical safety; or | | (d) | disclose the existence or content of a security intelligence report or information; |
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| “send” includes send by a social media service, a relevant electronic service or by remote communication; |
| “social gambling” has the meaning given by section 12(1); |
“social media service” means —| (a) | an electronic service that satisfies all the following characteristics:| (i) | the sole or primary purpose of the service is to enable online interaction or linking between 2 or more end‑users (including enabling end‑users to share content for social purposes); | | (ii) | the service allows end‑users to post information or material on the service; | | (iii) | such other characteristics as are prescribed by Regulations; or |
| | (b) | an electronic service prescribed by Regulations as a social media service, |
| but does not include a service which would otherwise be a social media service if none of the information or material on the service is accessible by, or delivered to, one or more end‑users physically present in Singapore; |
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| “sport” includes any martial art and any dance; |
“sporting event” means a sport or competition, or an exhibition, entertainment or activity, involving primarily the exercise of physical prowess or dexterity, physical strength, physical stamina or mental stamina and to the extent that —| (a) | human beings are the only contestants or participants who take part in or play the sport, competition, exhibition, entertainment or activity; or | | (b) | it is a sport or competition, or an exhibition, entertainment or activity in which human beings take part in —| (i) | by riding animals or exercise of other skill in relation to animals; | | (ii) | by driving, piloting, crewing any vehicle, vessel, aircraft or other form of transport; | | (iii) | by competing with natural obstacles or natural forces, or by overcoming them; or | | (iv) | by using a computer on a computer monitor, television screen, mobile device or similar medium with electronically recorded data installed in to support an interactive computer game or computer‑generated images, |
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| and includes a match, a series of matches, a race, a series of races, a time trial, a qualification session, a tournament and a round, but does not include the following: |
| (c) | any game of chance; | | (d) | any fitness activity or recreational activity that is not organised in the course of any business; |
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| “standard” means a standard issued or approved by the Authority under section 125, and includes any such standard as amended from time to time under that section; |
| “telecommunication service” has the meaning given by the Telecommunications Act 1999; |
| “totalisator” has the meaning given by section 5(9); |
| “underaged individual” has the meaning given by section 13; |
| “unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose; |
“unlawful betting” means betting that —| (a) | is not social gambling; and | | (b) | is an offence under section 20 or 31; |
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| “unlawful betting operation” means a betting operation that is conducted in contravention of section 18(1), 19(1) or 22(1); |
“unlawful gambling” means gambling that —| (a) | is not social gambling; but | | (b) | is any of the following:| (i) | unlawful betting; | | (ii) | unlawful gaming activity; | | (iii) | unlawful participation in a lottery; | | (iv) | an offence under section 31; |
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“unlawful gambling instrument” means any money or any gambling article that is used —| (a) | for or in connection with any form of unlawful gambling; or | | (b) | for the purposes of a transaction that is dependent on any such form of unlawful gambling; |
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“unlawful gambling place” means any place or premises —| (a) | used for or in connection with conduct of —| (i) | any unlawful betting operation; | | (ii) | any unlawful gaming; or | | (iii) | any unlawful lottery; or |
| | (b) | used for or in connection with any unlawful gambling, |
| and any place or premises may be regarded as used for or in connection with a purpose in paragraph (a) or (b) even if it is used for that purpose on only one occasion; |
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| “unlawful gambling service” means conducting a betting operation, or conducting gaming or a lottery in contravention of section 18(1) or 19(1); |
| “unlawful gaming” means conducting gaming in contravention of section 18(1), 19(1), 22(2) or 27(1) or (2); |
“unlawful gaming activity” means —| (a) | playing a game of chance that is not social gambling but is an offence under section 20 or 31; or | | (b) | playing a gaming machine that is an offence under section 27(5); |
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| “unlawful lottery” means a lottery that is conducted in contravention of section 18(1), 19(1) or 22(3); |
| “unlawful participation in a lottery” means the participation in a lottery that is not social gambling but is an offence under section 20 or 31; |
| “words” includes abbreviations, initials and numbers. |
| (2) In determining for the purposes of any provision of this Act whether a person is physically present in Singapore, it is to be assumed that the person will not falsify or conceal the person’s identity or location. |
(3) Subject to subsection (4), a person is, for the purposes of any provision of this Act, an occupier of any place or premises during any material period if the person has —| (a) | the charge, management or control of the place or premises, either on the person’s own account or as agent of another person, during that period; or | | (b) | the use temporarily or otherwise of the place or premises during that period, |
| but nothing in this subsection deems an individual an occupier of any place or premises by reason only of being a lodger of the place or premises or part thereof. |
| A hirer of a function room in a hotel which is the subject of a hiring arrangement with the hotel proprietor is an occupier of the function room. |
| A lessee of a rented office is an occupier of the office. |
| A charterer of a pleasure craft is the occupier of the pleasure craft. |
| The owner of an owner‑occupied apartment is an occupier of that apartment. |
| The management corporation is the occupier of the common property in a strata development for which the management corporation is constituted. |
| A driver of a lorry is an occupier of the lorry when he or she is driving the lorry or in charge of it when parked. |
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(4) If different parts of a place or premises are occupied by different persons, then for the purposes of any provision of this Act, a person is an occupier of a part of the place or premises during a material period if the person has —| (a) | the charge, management or control of that part of the place or premises, either on the person’s own account or as agent of another person, during that period; or | | (b) | the use temporarily or otherwise of that part of the place or premises, during that period. |
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(5) For the purposes of any provision of this Act, a person engages in conduct in accordance with arrangements made by another for or in connection with any activity if the person is accustomed, or under an obligation (whether formal or informal), to engage in that conduct in accordance with the directions, instructions or wishes of —| (a) | the other person; or | | (b) | where the other person is an entity, of the governing body of the other person.| A gambling service agent of a licensee would be acting in accordance with arrangements made by the licensee where those arrangements conform to the terms of the gambling agency agreement between them. |
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4. For the purpose of any provision of this Act, “gambling” means any of the following:| (a) | betting (within the meaning of section 5); | | (b) | engaging in gaming activity (within the meaning of section 7); | | (c) | participating in a lottery (within the meaning of section 9). |
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| Meanings of “betting” and “totalisator” |
5.—(1) For the purpose of any provision of this Act, “betting” means making or accepting a bet, involving payment or staking of any money or money equivalent or any thing else of value, on —| (a) | the outcome of a race, competition, sporting event or other event or process, taking place in Singapore or elsewhere; | | (b) | the likelihood of anything occurring, or not occurring, in Singapore or elsewhere; or | | (c) | whether anything is or is not true. |
(2) However, “betting” does not include the following:| (a) | any contract or agreement entered into by either or each party by way of business and the making or performance of which by any party constitutes an investment activity within the meaning of section 5(5) of the Civil Law Act 1909; | | (b) | a bet the making or accepting of which is excluded from the meaning of “betting” by the Minister by order in the Gazette. |
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| (3) In addition to subsection (1) but without affecting subsection (2), betting includes any transaction by way of gambling that is classified under the Regulations as betting. |
(4) A transaction that relates to the outcome of a race, competition, sporting event or other event or process may be a bet within the meaning of subsection (1) despite the facts that —| (a) | the race, competition, event or process has already occurred or been completed; and | | (b) | one party to the transaction knows the outcome. |
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(5) A transaction that relates to the likelihood of anything occurring or not occurring may be a bet within the meaning of subsection (1) despite the facts that —| (a) | the thing has already occurred or failed to occur; and | | (b) | one party to the transaction knows that the thing has already occurred or failed to occur. |
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(6) For the purposes of any provision of this Act, a person makes a bet (despite the fact that the person does not deposit a stake in the normal way of betting) if —| (a) | the person participates in an arrangement in the course of which participants are required to guess any of the matters specified in subsection (1)(a), (b) or (c); and | | (b) | the person is required to pay any money or money equivalent or any thing else of value to participate. |
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(7) For the purposes of subsection (6), it is immaterial —| (a) | to whom a payment is made and who receives benefit from a payment; and | | (b) | whether a person knows when the person makes a payment that the person thereby participates in an arrangement as a result of which the person may win a prize. |
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(8) Without limiting subsections (1), (2) and (3), a bet includes any of the following:| (a) | a free bet, which is a bet made wholly or partly using an amount that is provided to the person making the bet by the authorised betting operator with whom the bet is made and is not immediately redeemable by the person for cash; | | (b) | a bet made using a totalisator; | | (c) | a lay‑off bet where a person conducting a betting operation (called betting operator A) makes a bet with another person conducting a betting operation to reduce, wholly or in part, the liability of betting operator A in relation to one or more bets made with the betting operator A. |
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(9) For the purpose of any provision of this Act —| “guess” includes predicting through exercise of skill or judgment; |
“totalisator” means a system used —| (a) | to enable persons to invest any money or money equivalent on —| (i) | the outcome of a race, competition, sporting event or other event or process taking place in Singapore or elsewhere; | | (ii) | the likelihood of anything occurring, or not occurring, in Singapore or elsewhere; or | | (iii) | whether anything is or is not true; or |
| | (b) | to enable the totalisator pool to be divided and distributed among the persons who successfully guess the outcomes, likelihood or the truth or anything, as the case may be, |
| and includes any machine, apparatus, appliance, equipment, instrument or device under which the system is operated, and a numbers forecast totalisator paying a fixed minimum dividend; |
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“totalisator pool” means the amount left from the investments after —| (a) | making allowances for refunds of investments; | | (b) | deducting commission for the conduct of the totalisator; and | | (c) | adding any pool top‑up amount. |
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| Meanings of “conducting a betting operation” and associated expressions |
6.—(1) For the purposes of this Act, a person is conducting a betting operation if the person, whether or not or through an agent and whether alone or with others, and whether by remote communication or otherwise —| (a) | undertakes any of the following activities:| (i) | accept or receive bets; | | (ii) | pay, negotiate or settle bets; | | (iii) | operate a betting exchange or betting information centre; | | (iv) | operate a totalisator; | | (v) | organise pool betting; | | (vi) | match gamblers; | | (vii) | lay or offer odds; | | (viii) | offer an opportunity to or otherwise facilitate others to bet in accordance with arrangements made by the person; |
| | (b) | organises, manages or supervises any activity described in paragraph (a); | | (c) | distributes the turnover of any activity described in paragraph (a) or (b) (for example, by paying prizes, meeting costs, or making grants) in accordance with arrangements made by the person; | | (d) | authorises the carrying on of any activity described in paragraph (a), (b) or (c) by a contractor or an employee or agent of the person; or | | (e) | assists in an activity described in paragraph (a), (b), (c) or (d) or any combination of those activities. |
| (2) Without affecting subsection (1), a person is also regarded as conducting a betting operation if the person engages in any conduct on behalf of, or in accordance with arrangements made by, another, for or in connection with any activity mentioned in subsection (1). |
(3) A reference in any provision of this Act to a bet made with, or received by, a betting operator includes a reference to a bet made with the betting operator —| (a) | through an agent; | | (b) | wholly or partly by means of remote communication; or | | (c) | partly inside and partly outside Singapore. |
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| (4) Also, a reference in any provision of this Act to a bet made with, or received by, a betting operator includes, for a betting operator who operates a betting exchange, a reference to a bet made through the betting operator using the betting exchange. |
(5) However, despite subsections (1) and (2), a person is not to be treated as assisting in an activity in subsection (1), or engaging in any conduct on behalf of or in accordance with arrangements made by another as mentioned in subsection (2), merely because —| (a) | the person supplies, installs or repairs, in the course of business, any gambling article, and even though the person knows or ought reasonably to have known that the gambling article is intended to be used or is used for or in connection with an activity described in subsection (1); | | (b) | the person —| (i) | is a provider of —| (A) | an internet access service; | | (B) | a telecommunication service; or | | (C) | a relevant electronic service other than a service that enables end‑users to play online games with other end‑users; and |
| | (ii) | makes available, in the course of business of providing a service mentioned in sub‑paragraph (i), information or material produced entirely by another person —| (A) | without altering the information or material; or | | (B) | only altering the information or material to the extent to fit time, space or format constraints; or |
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| | (c) | the person publishes a gambling advertisement in Singapore or sends an inducement to gamble to anyone. |
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(6) For the purpose of any provision of this Act —“betting exchange” means a facility, electronic or otherwise, that enables persons —| (a) | to place or accept, through the operator of the facility, bets with other persons; or | | (b) | to place with the operator of the facility bets that, on acceptance, are matched with opposing bets placed with and accepted by the operator, |
| but does not include a facility (electronic or otherwise) that enables persons to place bets only with a bookmaker or a totalisator; |
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| “betting information centre” means any place kept or used for receiving or communicating any information or material relating to any race, competition, sporting event or other event or process for the purpose of betting; |
| “bookmaker” means a person who, on the person’s own account or as an employee or agent for another person, carries out bookmaking or holds out in any manner as a person who carries out bookmaking; |
“bookmaking” means running a business or making, or endeavouring to derive, an income, totally or partly, from any of the following activities:| (a) | accepting or receiving bets; | | (b) | paying, negotiating or settling bets; | | (c) | laying or offering odds; | | (d) | inviting others to bet in accordance with arrangements made by the person, |
| but does not include social gambling, casino gambling and operating a totalisator; |
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“pool betting” means betting made on terms that all or part of the winnings —| (a) | must be determined by reference to the aggregate of stakes paid or agreed to be paid by the persons betting; | | (b) | must be divided among the winners; or | | (c) | must or may be something other than money. |
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| Meanings of “game of chance”, “gaming activity” and associated terms |
7.—(1) For the purpose of any provision of this Act, engaging in a gaming activity means —| (a) | playing a game of chance for a prize; or | | (b) | playing a gaming machine, |
| and includes any transaction by way of gambling that is classified under the Regulations as gaming activity. |
| (2) For the purpose of any provision of this Act, a person plays a game of chance for a prize if the person plays a game of chance and thereby acquires a chance of winning any money or money equivalent or any thing else of value, whether or not the person risks losing anything at the game. |
| (3) This Act applies to a gaming activity whether or not any money or money equivalent or any thing else of value is paid or provided by or on behalf of a person to become a player. |
(4) For the purpose of any provision of this Act —| (a) | a person plays a game of chance if the person enters or competes in, or otherwise participates in a game of chance —| (i) | whether or not there are other players in the game of chance; and | | (ii) | whether or not a computer generates images or data taken to represent the actions of other players in the game of chance; and |
| | (b) | an individual is treated as playing a gaming machine if the individual, directly or indirectly — | (i) | inserts a coin or a gaming token into the gaming machine; | | (ii) | causes gaming machine credits to be registered by the gaming machine; | | (iii) | makes a bet on the gaming machine; | | (iv) | causes the activation of any process relating to the game in the gaming machine; or | | (v) | makes or participates in the making of the decisions involved in playing the gaming machine. |
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| (5) In addition, a person on whose behalf another person enters or competes, or otherwise participates, in a game of chance using a gaming machine located in a gaming machine room and who is not in the same gaming machine room is also to be regarded, for the purpose of any provision of this Act, as participating in that game of chance and a player thereof. |
(6) For the purpose of any provision of this Act —“amusement machine” means a mechanical, an electrical or an electronic device that is constructed or adapted —| (a) | for the playing of any game (whether or not a game of chance) by means of the machine, whether automatically or by the operation of the machine by an individual playing without using remote communication or 2 or more such individuals; | | (b) | to be operated by the insertion of any money or money equivalent or a gaming token, or by the use of accrued credits; and | | (c) | so that any individual playing the machine once and successfully either receives —| (i) | nothing or any thing of value which is less than $100 or an amount specified by the Minister, by order in the Gazette, in substitution; or | | (ii) | only an opportunity afforded by the automatic action of the machine to play again (once or more often) without paying any money or money equivalent or any thing else of value, |
| and includes a mechanical, an electrical or an electronic device commonly called a claw machine, or a crane machine or claw crane machine; |
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| “approved game of chance”, for a licensee, means a game of chance that the licensee is authorised under its licence to conduct gaming under this Act; |
“game of chance” includes any of the following:| (a) | a game that involves both an element of chance and an element of skill; | | (b) | a game that involves an element of chance that can be eliminated by superlative skill; | | (c) | a game that is presented as involving an element of chance; | | (d) | a game that is played with a gaming machine, |
| but does not include any sporting event, and such game, method, device, scheme or competition as specified or described by the Minister, by order in the Gazette, not to be a game of chance for the purposes of this Act; |
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“gaming machine” means a device, whether wholly or partly mechanically or electronically operated, that —| (a) | is adapted, or designed and constructed, for betting, participating in a lottery or playing a game of chance; | | (b) | is played or confers a right to participate (wholly or in part) by —| (i) | the insertion of any money or money equivalent into it; or | | (ii) | the direct or indirect payment of any money or money equivalent or any thing else of value by any other means; and |
| | (c) | pays out any money or money equivalent or any thing else of value, or registers a right to an amount of money or money equivalent or any thing else of value,| A jackpot machine or fruit machine. |
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| but does not include any of the following: |
| (d) | an amusement machine; | | (e) | a computer by reason only of the fact that it can be used to participate in remote gambling; | | (f) | a communication device by reason only of the fact that it can be used to participate in remote gambling; | | (g) | a machine which only dispenses —| (i) | lottery tickets or otherwise enables a person to enter a lottery; or | | (ii) | receipts or tickets that evidence a bet made, |
| provided that the results of the lottery or bet (as the case may be) are not determined by the machine, and are not announced by being displayed or communicated by the machine; |
| | (h) | a machine of such other description prescribed in the Regulations for the purposes of this definition; |
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“gaming machine game” means a game of chance that —| (a) | is designed to be played on a gaming machine; and | | (b) | is identifiable from all other games of chance by the name of the game or differences in its rules or programming; |
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“gaming machine room” means any room or similar enclosed location that is or is within an approved gambling venue and is where gaming machines are authorised by or under this Act —| (a) | to be installed and operated (but not just played); and | | (b) | to be made available to others to play, |
| in the course of the conduct of gaming; |
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| “gaming token” includes a stored value card, a card which registers a right to money or money equivalent, and an object or a thing of a similar kind; |
“peripheral equipment of a gaming machine” means equipment or a device —| (a) | that is incidental to the operation of the gaming machine, such as note acceptors, card readers and ticket readers; or | | (b) | that is designed or adapted (and with or without software) to be used —| (i) | to monitor the operation and performance of the gaming machine; | | (ii) | to facilitate the collection of gambling duties that are payable under the Gambling Duties Act 2022 in respect of approved gaming machines; or | | (iii) | to send or receive data from the gaming machine in relation to the security, accounting or operation of the gaming machine, |
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| and includes any software necessary to operate the gaming machine but not a gaming machine game; |
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| “player”, in relation to a game of chance, means any person who enters or competes in, or otherwise participates in the game of chance, and includes a person on whose behalf another person enters or competes, or otherwise participates, in a game of chance using a gaming machine in the circumstances in subsection (5); |
“prohibited gaming machine” means a gaming machine that must not be approved under section 74, being a gaming machine that —| (a) | is declared by Regulations to be a prohibited gaming machine; | | (b) | is of a class or description of gaming machines declared by the Regulations to be prohibited gaming machines; or | | (c) | is kept, used or operated in such circumstances, or in such manner, as may be prescribed by the Regulations for the purposes of this definition. |
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| Meanings of “conducts gaming” and associated terms |
8.—(1) For the purpose of any provision of this Act, a person conducts gaming if the person, whether or not or through an agent and whether alone or with others, and whether by remote communication or otherwise —| (a) | undertakes any of the following activities in the course of business:| (i) | install and operate (but not just play), or make available to others, any gaming machine for the purpose of gambling; | | (ii) | control or operate a computer server —| (A) | in Singapore that enables any game of chance to be played by others in Singapore or elsewhere by remote communication for a prize; or | | (B) | in Singapore or elsewhere that enables any game of chance to be played by others in Singapore by remote communication for a prize; |
| | (iii) | conduct a game of chance for others to play the game of chance for a prize in accordance with arrangements made by the person; | | (iv) | offer an opportunity to or otherwise facilitate others to play a game of chance for a prize, in accordance with arrangements made by the person; |
| | (b) | organises, manages or supervises any activity described in paragraph (a); | | (c) | distributes the turnover of any activity described in paragraph (a) or (b) (for example, by redeeming tokens, meeting costs, or making grants) in accordance with arrangements made by the person; | | (d) | authorises the carrying on of any activity described in paragraph (a), (b) or (c) —| (i) | by a contractor or an employee or agent of the person; or | | (ii) | as an officer, a trustee or member of the governing body of an incorporated or unincorporated body that is conducting the gaming; or |
| | (e) | assists in an activity described in paragraph (a), (b), (c) or (d) or any combination of those activities. |
(2) Without limiting subsection (1), a game of chance is taken to be conducted in the course of business if —| (a) | a fee is charged to participate in the game of chance or to enter the place where the game of chance is conducted at a price or rate which reflects the opportunity to play the game (other than a fee intended to cover the reasonable cost of any food or beverages provided at the place); or | | (b) | a charge, commission or fee is deducted from any amount bet or won by a participant in the game of chance. |
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| (3) Without affecting subsection (1), a person also conducts gaming if the person engages in any conduct on behalf of, or in accordance with arrangements made by, another, for or in connection with any activity mentioned in subsection (1). |
(4) However, a person is not to be treated as assisting in an activity in subsection (1), or engaging in any conduct on behalf of or in accordance with arrangements made by another as mentioned in subsection (3), merely because —| (a) | the person supplies, installs or repairs, in the course of business, any gambling article intended to be used or is used for or in connection with an activity described in subsection (1); | | (b) | the person —| (i) | is a provider of —| (A) | an internet access service; | | (B) | a telecommunication service; or | | (C) | a relevant electronic service other than a service that enables end‑users to play online games with other end‑users; and |
| | (ii) | makes available, in the course of business of providing a service mentioned in sub‑paragraph (i), information or material produced entirely by another person —| (A) | without altering the information or material; or | | (B) | only altering the information or material to the extent to fit time, space or format constraints; or |
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| | (c) | the person publishes a gambling advertisement in Singapore or sends an inducement to gamble to anyone. |
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| Meanings of “lottery” and associated expressions |
9.—(1) For the purpose of any provision of this Act, “lottery” means an arrangement or a scheme, competition or device, which may or may not involve multiple participants, for the distribution of prizes where —| (a) | entitlement to participate in the arrangement, scheme, competition or device depends on —| (i) | the payment of or giving of any money or money equivalent or any thing else of value by the participant; or | | (ii) | the attendance or other qualification of the participant, without payment; and |
| | (b) | the distribution depends, at any stage of the arrangement, scheme, competition or device, on an element of chance (even if the arrangement, scheme, competition or device, in some other respects, involves a genuine or purported exercise of skill), |
| and includes lucky draws, raffles and sweepstakes, and any transaction by way of gambling that is classified under the Regulations as a lottery, but does not include any arrangement or scheme, competition or device that is specified or described by the Minister, by order in the Gazette, not to be a lottery for the purposes of this Act. |
| (2) For the purposes of subsection (1), a reference to paying includes a reference to paying for goods or services at a price or rate which reflects the opportunity to participate in an arrangement or a scheme, competition or device. |
(3) For the purposes of this Act, a lottery may be determined by any means including —| (a) | by lot or drawing; | | (b) | by cards, token, coin or dice; or | | (c) | by any machine, electronic process, ticket, envelope or device. |
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(4) A process which requires persons to exercise skill must be treated for the purposes of this section as relying wholly on chance if —| (a) | the requirement cannot reasonably be expected to prevent a significant proportion of persons who participate in the arrangement of which the process forms part from receiving a prize; and | | (b) | the requirement cannot reasonably be expected to prevent a significant proportion of persons who wish to participate in that arrangement from doing so. |
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| (5) However, any allotment of real or personal estate or interest which according to law is legally allottable, or may be allotted or held by, or by means of, any allotment or partition by lots, is not a lottery for the purposes of any provision of this Act. |
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| Meaning of “conducting a lottery” |
10.—(1) For the purpose of any provision of this Act, a person is conducting a lottery if the person, whether or not or through an agent and whether alone or with others, and whether by remote communication or otherwise, undertakes any of the following activities:| (a) | organise or operate the lottery; | | (b) | offer an opportunity to or otherwise facilitate others to participate in the lottery in accordance with arrangements made by the person; | | (c) | solicit or receive (other than as a prize winner or participant in the lottery) any money or money equivalent or any thing else of value in the course of organising or operating the lottery or managing or supervising it; | | (d) | manage or supervise any activity described in paragraph (a), (b) or (c); | | (e) | authorise the carrying on of any activity described in paragraph (a), (b), (c) or (d) in respect of the lottery —| (i) | by a contractor or an employee or agent of the person; or | | (ii) | as an officer, a trustee or member of the governing body of an incorporated or unincorporated body that is promoting the lottery; |
| | (f) | assist in an activity described in paragraph (a), (b), (c), (d) or (e) or any combination of those activities, |
| and each person is to be regarded as a lottery promoter of that lottery. |
| Selling or offering for sale any ticket or chance, or share in a ticket or chance, in a lottery. |
| Giving, delivering or collecting any ticket for a lottery arranged by the giver. |
| Drawing, throwing, declaring, or exhibiting expressly or otherwise, the winner or winning number, ticket, lot, figure, design, symbol or other result of any lottery. |
| Printing or publishing in Singapore any lottery ticket or list of prizes or any announcement of the result of a lottery or any announcement or riddle relating to a lottery. |
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| (2) Without affecting subsection (1), a person is also regarded as conducting a lottery if the person engages in any conduct on behalf of, or in accordance with arrangements made by, another, for or in connection with any activity mentioned in subsection (1). |
(3) However, despite subsections (1) and (2), a person is not to be treated as assisting in an activity described in subsection (1), or engaging in any conduct on behalf of or in accordance with arrangements made by another as mentioned in subsection (2), merely because —| (a) | the person supplies, installs or repairs, in the course of business, any gambling article intended to be used or is used for or in connection with an activity described in subsection (1); | | (b) | the person —| (i) | is a provider of —| (A) | an internet access service; | | (B) | a telecommunication service; or | | (C) | a relevant electronic service other than a service that enables end‑users to play online games with other end‑users; and |
| | (ii) | makes available, in the course of business of providing a service mentioned in sub‑paragraph (i), information or material produced entirely by another person —| (A) | without altering the information or material; or | | (B) | only altering the information or material to the extent to fit time, space or format constraints; or |
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| | (c) | the person publishes a gambling advertisement in Singapore or sends an inducement to gamble to anyone. |
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| Meanings of “remote gambling” and associated terms |
11.—(1) For the purpose of any provision of this Act —| “engaging in general remote gambling” includes opening or re‑opening an account with a licensee to engage in general remote gambling; |
“general remote gambling” means remote gambling that is none of the following:| (a) | on‑course betting; | | (b) | off‑course betting; | | (c) | gambling using a gambling service authorised by a class licence; | | (d) | gambling using remote communication at premises as a customer of a place‑based gambling service provided at those premises on the basis described in paragraph (c) of the definition of “place‑based gambling service” in section 3(1); |
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| “remote gambling” means gambling by the use of remote communication, even if the gambling is done only partly by means of remote communication; |
“remote gambling service” means a gambling service that —| (a) | is provided in the course of carrying on a business; and | | (b) | makes facilities available for use by others to engage in remote gambling in accordance with arrangements by the provider of the facilities. |
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(2) For the purposes of this Act, a person provides facilities for use by customers to engage in remote gambling if —| (a) | the person makes facilities for remote communication available for use by others; | | (b) | the facilities are adapted or presented in such a way as to facilitate, or to draw attention to the possibility of, their use for remote gambling; and | | (c) | the nature, adaptation or presentation of the facilities is such that —| (i) | they cannot reasonably be expected to be used for purposes other than remote gambling; or | | (ii) | they are intended to be used wholly or partly for remote gambling. |
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(3) For the purposes of this Act, it does not matter whether facilities for remote gambling are provided —| (a) | only partly by means of remote communication; or | | (b) | outside Singapore or partly inside and partly outside Singapore. |
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(4) However, a person does not provide facilities for use by customers to engage in remote gambling, and is not an agent of another person who provides facilities for a remote gambling service, merely because the person —| (a) | is a provider of —| (i) | an internet access service; | | (ii) | a telecommunication service; or | | (iii) | a relevant electronic service other than a service that enables end‑users to play online games with other end‑users; and |
| | (b) | makes available, in the course of business of providing a service mentioned in paragraph (a), information or material produced entirely by another person —| (i) | without altering the information or material; or | | (ii) | only altering the information or material to the extent to fit time, space or format constraints. |
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(5) For the purposes of any provision of this Act —| (a) | a remote gambling service has a foreign‑customer link if none of the customers is physically present in Singapore, whether or not an individual who is physically present in Singapore is capable of becoming a customer of that service; and | | (b) | a remote gambling service has a Singapore‑customer link if any information or material included or otherwise provided using that service is accessible by, or delivered to, one or more end‑users of the service who are physically present in Singapore. |
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(6) For the purposes of any provision of this Act, a remote gambling service is a Singapore‑based remote gambling service if —| (a) | the service is provided in the course of carrying on a business in Singapore; | | (b) | the central management and control of the service is in Singapore; or | | (c) | where the service is provided to customers using an internet access service, all or any of the relevant internet content is hosted in Singapore. |
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| (7) In subsection (6)(c), the relevant internet content, in relation to a remote gambling service, means internet content that is accessed, or available for access, by an end‑user in the capacity of customer of that remote gambling service. |
| (8) For the purpose of any provision of this Act, “non‑remote gambling” means any gambling that is not remote gambling. |
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| Meaning of “social gambling” |
12.—(1) Subject to subsection (2), non‑remote gambling which —| (a) | is conducted by an individual in premises that are either the individual’s home or another individual’s home in Singapore; | | (b) | has as participants only individuals who are members of the same family or who know each other personally; | | (c) | is substantially spontaneous, even though it may occur regularly, habitually or by arrangement between the individuals involved; | | (d) | is not promoted or conducted —| (i) | by or for the private gain of any person not participating in the gambling; or | | (ii) | in the course of any business; |
| | (e) | is conducted so that the only way a participant in the gambling can make a profit or gain any other benefit as a result of the gambling is by winning; and | | (f) | is conducted in accordance with the conditions prescribed (if any) by Regulations, |
| is to be taken to constitute social gambling and is not unlawful. |
| (2) A reference in any other written law to gambling, gaming or wagering, or to betting, that is unlawful is taken not to refer to social gambling. |
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| Meaning of “underaged individual” |
13.—(1) For the purpose of any provision of this Act, an underaged individual is an individual who is below the age specified in the second column of the table below when he or she is gambling in the manner specified opposite that age: | |
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| | 18 years of age or a higher age prescribed in substitution under subsection (2). |
| | | 18 years of age or a higher age prescribed in substitution under subsection (2). |
| | 3. | Place‑based gambling that involves — |
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| (a) | participating in any lottery; or |
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| (b) | betting connected with a sporting event happening in Singapore or elsewhere (but not a horse or pony race at a racecourse) and a live broadcast of the sporting event is not provided at the premises where the place‑based gambling takes place. |
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| | 18 years of age or a higher age prescribed in substitution under subsection (2). |
| | 4. | Place‑based gambling that involves — |
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| (a) | betting connected with a sporting event happening in Singapore or elsewhere (but not a horse or pony race at a racecourse); and |
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| (b) | a live broadcast of the sporting event being provided at the premises where the place‑based gambling takes place. |
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| | 21 years of age or a higher age prescribed in substitution under subsection (2). |
| | 5. | Any other type of non‑remote gambling or remote gambling that is — |
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| (a) | not mentioned in item 1, 2, 3 or 4 (even if carried on within a casino); |
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| (b) | not authorised by a class licence; and |
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| | 21 years of age or a higher age prescribed in substitution under subsection (2). |
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| (2) The Minister charged with the responsibility for family and child welfare and protection may, by order in the Gazette, raise any age mentioned in subsection (1). |
| (3) The Minister charged with the responsibility for family and child welfare and protection may, in any order made under subsection (2), make such saving and transitional provision as may be necessary or expedient. |
(4) In this section —| “licensed bookmaker” includes a person who is granted a licence to conduct a betting operation; |
“off‑course betting” means betting —| (a) | on the outcome of a horse or pony race taking place at the racecourse in Singapore or elsewhere; | | (b) | not made at the racecourse but at premises as a customer of a place‑based gambling service provided at those premises; | | (c) | that is either non‑remote gambling or remote gambling using electronic equipment which is constructed or designed solely for a customer to make a bet; and | | (d) | with a licensed bookmaker who is authorised by a licence to accept or receive bets in relation to the horse or pony race; |
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“on‑course betting” means betting —| (a) | made at a racecourse in Singapore on the outcome of a horse or pony race taking place at the racecourse or elsewhere; and | | (b) | with a licensed bookmaker who is situated at that racecourse and is authorised by a licence to accept or receive bets at that racecourse. |
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| Meaning of “money equivalent” |
14.—(1) For the purposes of the provisions of this Act, “money equivalent” means —| (a) | an arrangement under which a party has —| (i) | an encashable legal or equitable right to receive a financial benefit; | | (ii) | an encashable legal or equitable obligation to provide a financial benefit; | | (iii) | a combination of one or more such rights and one or more such obligations; or | | (iv) | a combination of one or more such rights or one or more such obligations; or |
| | (b) | a right to receive money or something else that is a money equivalent under this definition, |
| and includes any virtual voucher, virtual coupon, virtual credit, virtual coin, virtual token, virtual object, or any other similar thing purchased within, or as part of, or in relation to, any gambling, which is an arrangement described in paragraph (a) or confers a right described in paragraph (b). |
(2) A right to receive, or an obligation to provide, a financial benefit is encashable if, and only if —| (a) | the benefit is money or a money equivalent; | | (b) | in the case of a right, the holder thereof intends to satisfy or settle it by receiving money or a money equivalent or by starting to have, or ceasing to have, another arrangement described in subsection (1)(a); | | (c) | in the case of an obligation, the party subject to it intends to satisfy or settle it by providing money or a money equivalent or by starting to have, or ceasing to have, another arrangement described in subsection (1)(a); or | | (d) | the financial benefit is readily convertible into money or a money equivalent and there is a market for the financial benefit that has a high degree of liquidity. |
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15.—(1) For the purposes of this Act, a person has “possession” of a gambling article if —| (a) | the person, being an individual, carries or has an object or a thing on his or her person, including something carried or worn by the person (called in this section physical possession), and the individual knows or has reason to believe that the object or thing is a gambling article; | | (b) | the person has the care, control or management of the gambling article; | | (c) | the person has the gambling article in the care, control or management of another person, including storing it with that other person; | | (d) | the person drives, flies or otherwise operates (even by remote control) any conveyance carrying the gambling article; | | (e) | the gambling article is in or on any place or premises, owned, leased or occupied by, or in the care, control or management of, the person; or | | (f) | the gambling article is within any container owned or in the care, control or management of, the person. |
(2) Without limiting subsection (1), for the purposes of this Act, a person has possession of a gambling article if —| (a) | any major part of the gambling article is in the person’s possession; | | (b) | other major parts of the gambling article are in the possession of another person or persons; | | (c) | at least one of the other persons is in possession of the other major part or major parts of the gambling article for an agreed purpose with the person; and | | (d) | those parts would make up the gambling article if fitted together, |
| and each of the persons is taken to be possessing the gambling article. |
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(3) However, for the purposes of any proceedings for an offence under this Act, a person is not taken to have possession of a gambling article just because the gambling article is at a place or premises owned, leased or occupied by the person if the court is satisfied, on a balance of probabilities, that —| (a) | the person did not know and could not reasonably be expected to have known that the gambling article is at the place or premises; | | (b) | someone else who is authorised to possess the gambling article —| (i) | is also at the place or premises; or | | (ii) | has the care, control or management of the gambling article; |
| | (c) | someone else who is not authorised to possess the gambling article has the care, control or management of the gambling article; or | | (d) | on the evidence, the person was otherwise not in possession of the gambling article. |
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(4) In addition to subsection (3), for the purposes of any proceedings for an offence under this Act, a person is not taken to have possession of a gambling article just because the gambling article is in a container owned by the person if the court is satisfied, on a balance of probabilities, that —| (a) | the person did not know and could not reasonably be expected to have known that the gambling article is in the container; | | (b) | someone else has the care, control or management of the gambling article; or | | (c) | on the evidence, the person was otherwise not in possession of the gambling article. |
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| (5) A defendant to a prosecution for an offence under this Act who wishes to rely on a matter mentioned in subsection (3) or (4) has the evidential burden in relation to the matter. |
(6) To determine whether a person has the care, control or management of a gambling article, for the purposes of this Act, each of the following must be considered:| (a) | whether the person knows about the gambling article; | | (b) | whether the person can use or transfer the gambling article; | | (c) | whether the person can control or prevent someone else from using or having physical possession of the gambling article. |
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| Meanings of “gambling advertisement”, “inducement to gamble” and “publish in Singapore” |
16.—(1) For the purpose of any provision of this Act —“gambling advertisement” means any information or material that gives publicity to, or otherwise promotes or is intended to promote —| (a) | a particular gambling service; | | (b) | gambling services in general; | | (c) | the whole or part of a trade mark relating to a gambling service; | | (d) | a domain name or URL of a particular gambling service, betting operation, game of chance or lottery; and | | (e) | any words that are closely associated with a particular gambling service, betting operation, game of chance or lottery (whether also closely associated with other kinds of services or products); |
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“inducement to gamble” means any document or message containing information or material that —| (a) | contains —| (i) | any offer or giving of a credit, voucher, reward or other benefit to gamble; | | (ii) | the making of any offer designed to induce persons to participate, or to increase their participation, in gambling; or | | (iii) | any offer of an opportunity to gamble, or the offer of a condition or other aspect of any gambling, that includes additional benefits or enhancements connected with that gambling; or |
| | (b) | invites, or may reasonably be implied to invite, the person receiving it —| (i) | to engage in any form of gambling; or | | (ii) | to apply to any person, or at any place, with a view to obtaining information or material or advice for the purpose of any gambling or for information or material as to any event in relation to which gambling is generally conducted. |
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(2) For the purposes of any provision of this Act, a gambling advertisement is published in Singapore if the gambling advertisement —| (a) | is displayed in a newspaper, magazine, leaflet, ticket or other document that is available, or distributed, to the public; | | (b) | is contained in a film, video, television programme or radio programme that is, or is intended to be, seen or heard by the public; | | (c) | is displayed or exhibited, or is displayed or exhibited on something that contains the advertisement, in a manner so that it can be seen or heard in or from a public place in Singapore, or any conveyance in Singapore, or any workplace in Singapore; or | | (d) | is made known to the public in any other manner or by any other means. |
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(3) Without limiting subsection (2), where a gambling advertisement is made available, distributed or communicated in electronic or digital form, the gambling advertisement is to be taken to be published in Singapore if —| (a) | the advertisement originates in Singapore, even if none of the persons capable of having access to the advertisement is physically present in Singapore; or | | (b) | for an advertisement which did not originate in Singapore, or the origin of which cannot be determined, all of the following apply:| (i) | the advertisement is made available, displayed, distributed or communicated or caused to be made available, displayed, distributed or communicated to the public by a Singapore‑connected person or the Singapore‑connected person takes part in that making available, display, distribution or communication of that advertisement to the public; | | (ii) | the advertisement is accessible by persons physically present in Singapore. |
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(4) However, none of the following, of itself, amounts to publishing a gambling advertisement or sending an inducement to gamble:| (a) | the sending of information or material that is or includes a gambling advertisement to a group of people all of whom are involved in the provision of gambling services; | | (b) | the publication of the name of a person providing a gambling service in a telephone directory unless —| (i) | the publication is on the Internet; and | | (ii) | the entry for the person contains a link to an online location for the person to conduct a betting operation, game of chance or lottery using remote communication; |
| | (c) | an index of online search results which links or refers an end‑user in Singapore to betting operations, games of chance, lotteries or gambling or facilities for the access or use of betting operations, games of chance or lotteries, which is made available to that person only because that person initiates a search through an online information location service such as a search engine service; | | (d) | the display or exhibition of any words or symbols that appear in or on any approved gambling venue occupied by a licensee or an agent of a licensee; | | (e) | the publishing of an advertisement relating to the internal management of the business of a licensee that does not promote a particular gambling service, such as an advertisement to recruit staff or calling for tenders for works; | | (f) | the communication of any information or material that, if not for subsection (1), would be a gambling advertisement and it is apparent from the contents of the information and material that its sole or principal purpose is to discourage the use of gambling services or particular kinds of gambling services; | | (g) | any other activity specified or described by the Minister in an order in the Gazette. |
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(5) In this section, “Singapore‑connected person” means any of the following:| (a) | a citizen of Singapore; | | (b) | a Singapore permanent resident; | | (c) | a person physically present in Singapore; | | (d) | an entity which is registered in Singapore (even if incorporated outside Singapore), or is incorporated, under any written law; | | (e) | a corporation sole or corporation aggregate established under a private Act. |
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17.—(1) Except where expressly provided otherwise, the provisions of this Act extend to apply to and in relation to —| (a) | a betting operation — | (i) | in which persons physically present in Singapore negotiate, place, make, receive or accept bets, or can negotiate, place, make, receive or accept bets; and | | (ii) | that is conducted or proposed to be conducted outside Singapore (whether or not it is lawful in the place where it is conducted or is proposed to be conducted); and |
| | (b) | a betting operation —| (i) | in which persons physically outside Singapore negotiate, place, make, receive or accept bets, or can negotiate, place, make, receive or accept bets (whether or not it is lawful in the place where it is or is proposed to be negotiated, placed, made, received or accepted); and | | (ii) | that is conducted or proposed to be conducted in or from Singapore. |
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(2) Except where expressly provided otherwise, the provisions of this Act extend to apply to and in relation to —| (a) | a game of chance —| (i) | in which persons physically present in Singapore play or can play; and | | (ii) | that is conducted or proposed to be conducted outside Singapore (whether or not it is lawful in the place where it is conducted or is proposed to be conducted); and |
| | (b) | a game of chance —| (i) | in which persons physically outside Singapore play, or can play (whether or not it is lawful in the place where it is played); and | | (ii) | that is conducted or proposed to be conducted in or from Singapore. |
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(3) Except where expressly provided otherwise, the provisions of this Act extend to apply to and in relation to —| (a) | a lottery —| (i) | in which persons physically present in Singapore participate or can participate in; and | | (ii) | that is conducted or proposed to be conducted outside Singapore (whether or not it is lawful in the place where it is conducted or is proposed to be conducted); and |
| | (b) | a lottery —| (i) | in which persons physically outside Singapore participate or can participate in (whether or not it is lawful in the place where it is participated in); and | | (ii) | that is conducted or proposed to be conducted in or from Singapore, |
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| and it does not matter whether the lottery is held, drawn, exercised or managed wholly in Singapore or partly inside and partly outside Singapore. |
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| (4) Without limiting subsections (1), (2) and (3), this Act applies in relation to the things, conduct, transactions and matters mentioned in those subsections even if the rule of private international law (whether at general law or as provided by written law) would require the application of a law other than this Act. |
(5) This Act does not apply to a gambling advertisement or an inducement to gamble unless —| (a) | the gambling advertisement is published in Singapore; or | | (b) | the inducement to gamble is, or is intended to be, received by a person in Singapore. |
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| (6) Parts 4, 5, 6, 7 and 8 do not apply to or in relation to any gambling which is carried on or to be carried on within any casino. |
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