PART 2 | Division 1 — Unlawful betting operations, gaming or lotteries |
| Unlawful conduct of betting operations, gaming or lotteries |
18.—(1) A person must not conduct any betting operation, or conduct gaming or any lottery, unless the person is one of the following:| (a) | a person granted a licence authorising the person to provide a gambling service involving, as the case may be —| (i) | conducting that betting operation or a betting operation of that kind; | | (ii) | conducting gaming or gaming of that kind; or | | (iii) | conducting that lottery or a lottery of that kind; |
| | (b) | a class licensee authorised under a class licence to provide a gambling service involving, as the case may be —| (i) | conducting that betting operation or a betting operation of that kind; | | (ii) | conducting gaming or gaming of that kind; or | | (iii) | conducting that lottery or a lottery of that kind; |
| | (c) | an employee of a licensee mentioned in paragraph (a) or a class licensee mentioned in paragraph (b), who is conducting the betting operation or conducting gaming or a lottery —| (i) | on behalf of, or in accordance with arrangements made by, his or her employer; and | | (ii) | in connection with the gambling service that is authorised by the licence or class licence of the licensee or class licensee; |
| | (d) | a gambling service agent (or an employee thereof) of a licensee mentioned in paragraph (a) or a class licensee mentioned in paragraph (b), which is conducting the betting operation or conducting gaming or a lottery —| (i) | on behalf of, or in accordance with arrangements made by, the licensee or class licensee; and | | (ii) | in connection with the gambling service that is authorised by the licence or class licence of the licensee or class licensee; |
| | (e) | a person exempt from this section in relation to whichever of the following that is applicable:| (i) | conducting that betting operation or a betting operation of that kind; | | (ii) | conducting gaming or gaming of that kind; or | | (iii) | conducting that lottery or a lottery of that kind; |
| | (f) | a person granted a casino licence to conduct that betting operation, gaming or lottery within a casino (or an employee thereof) and where the betting operation, gaming or lottery is conducted within the casino. |
(2) Subject to subsection (3), a person who contravenes subsection (1) shall be guilty of an offence and —| (a) | shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years. |
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(3) However, a person who contravenes subsection (1) by engaging in conduct described in section 6(2), 8(3) or 10(2) shall be guilty of an offence and —| (a) | shall be liable on conviction to a fine not exceeding $200,000 and shall also be punished with imprisonment for a term not exceeding 5 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $300,000 and shall also be punished with imprisonment for a term not exceeding 7 years. |
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(4) The following offences are each a countable offence for the purpose of the reference in subsection (2) or (3) to a “repeat offender”:| (a) | an offence under section 3 of the Betting Act 1960 repealed by this Act; | | (b) | an offence under section 4 or 5 of the Common Gaming Houses Act 1961 repealed by this Act; | | (c) | an offence under section 9, 10 or 11 of the Remote Gambling Act 2014 repealed by this Act. |
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| (5) An offence under this section is an arrestable offence. |
| (6) Strict liability applies to an offence under this section. |
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| Betting operation, etc., outside of approved gambling venue |
19.—(1) A person must not conduct any betting operation, or conduct any gaming or any lottery in or from any place or premises in Singapore that is not an approved gambling venue for the conduct of that betting operation, gaming or lottery (as the case may be) if the person knows, or ought reasonably to have known, that the place or premises is not an approved gambling venue for the conduct of that betting operation, gaming or lottery.(2) Subject to subsection (3), a person who contravenes subsection (1) shall be guilty of an offence and —| (a) | shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years. |
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(3) However, a person who contravenes subsection (1) by engaging in conduct described in section 6(2), 8(3) or 10(2) shall be guilty of an offence and —| (a) | shall be liable on conviction to a fine not exceeding $200,000 and shall also be punished with imprisonment for a term not exceeding 5 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $300,000 and shall also be punished with imprisonment for a term not exceeding 7 years. |
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(4) The following offences are each a countable offence for the purpose of the reference in subsection (2) or (3) to a “repeat offender”:| (a) | an offence under section 3 of the Betting Act 1960 repealed by this Act; | | (b) | an offence under section 4 or 5 of the Common Gaming Houses Act 1961 repealed by this Act; | | (c) | an offence under section 9, 10 or 11 of the Remote Gambling Act 2014 repealed by this Act. |
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| (5) An offence under this section is an arrestable offence. |
(6) This section does not extend to engaging in conduct —| (a) | within a casino; or | | (b) | authorised by a class licence. |
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| Gambling with unlicensed gambling service provider or at unlawful gambling place |
20.—(1) An individual (A) commits an offence if —| (a) | A gambles with another person (B) using a gambling service provided by B; | | (b) | B is providing the gambling service in contravention of section 18(1); and | | (c) | A knows, or ought reasonably to have known, that B is providing the gambling service in contravention of section 18(1). |
(2) An individual commits an offence if —| (a) | the individual gambles with another person in or from any place or premises in Singapore; and | | (b) | the individual knows, or ought reasonably to have known, that the place or premises is an unlawful gambling place. |
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| (3) An individual who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) An offence under this section is an arrestable offence. |
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| Having financial interest in unlawful gambling service |
21.—(1) A person commits an offence if —| (a) | the person has a financial interest in a gambling service; and | | (b) | the gambling service is being provided in contravention of section 18(1) or 19(1). |
(2) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that the person —| (a) | at the time of acquiring the financial interest in the gambling service, did not know, and had no reasonable cause to suspect, that the gambling service was being or would be provided in contravention of section 18(1) or 19(1); and | | (b) | as soon as practicable after becoming aware that the gambling service was being provided in contravention of section 18(1) or 19(1), took all reasonable steps to divest the person’s financial interest. |
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(3) In this section, “financial interest” in a gambling service means an entitlement to receive —| (a) | any of the income from the gambling service; or | | (b) | a percentage or share from —| (i) | any amount of any bet received, negotiated or accepted; | | (ii) | any amount wagered on a game of chance conducted or to be conducted; or | | (iii) | any amount of money or money equivalent paid or given by the participants of a lottery conducted or to be conducted, |
| in the course of providing the gambling service. |
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(4) A person who is guilty of an offence under subsection (1) —| (a) | shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years. |
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(5) The following offences are each a countable offence for the purpose of the reference in subsection (4) to a “repeat offender”:| (a) | an offence under section 3 of the Betting Act 1960 repealed by this Act; | | (b) | an offence under section 6 of the Common Gaming Houses Act 1961 repealed by this Act. |
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| (6) An offence under this section is an arrestable offence. |
| (7) Strict liability applies to an offence under subsection (1). |
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| Conducting games, lotteries, etc., that are not approved |
22.—(1) A person must not conduct a betting operation involving —| (a) | the placing, making, receiving, accepting or negotiating of any bets on the outcome of any race, competition, sporting event or other event or process taking place in Singapore or elsewhere if that race, competition, sporting event or other event or process is not approved under section 70; or | | (b) | any of the following in a manner that is not in conformity with rules of betting approved by the Authority under section 70 for that activity and person:| (i) | placing, making, receiving, accepting or negotiating of any bets; | | (ii) | operating a betting exchange or betting information centre; | | (iii) | operating a totalisator; | | (iv) | organising pool betting. |
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(2) A person must not conduct gaming involving a game of chance (but not a gaming machine game in a gaming machine) —| (a) | that is not approved under section 70 for that person; or | | (b) | in a manner that is not in conformity with the rules of the game of chance approved under section 70 for that game. |
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(3) A person must not conduct a lottery —| (a) | that is not approved under section 70 for that person; or | | (b) | in a manner that is not in conformity with the rules of the lottery approved under section 70 for that lottery. |
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(4) Subject to subsection (5), a person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and —| (a) | shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years. |
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(5) However, a person who —| (a) | contravenes subsection (1) by engaging in conduct described in section 6(2); | | (b) | contravenes subsection (2) by engaging in conduct described in section 8(3); or | | (c) | contravenes subsection (3) by engaging in conduct described in section 10(2), |
| shall be guilty of an offence and — |
| (d) | shall be liable on conviction to a fine not exceeding $200,000 and shall also be punished with imprisonment for a term not exceeding 5 years; but | | (e) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $300,000 and shall also be punished with imprisonment for a term not exceeding 7 years. |
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| (6) However, a person is not guilty of any offence under this section if the person proves, on a balance of probabilities, that the person at the time of conducting the betting operation, gaming or lottery, did not know, and had no reasonable cause to suspect, that the betting operation, gaming or lottery (as the case may be) would be in contravention of subsection (1), (2) or (3). |
| (7) An offence under this section is an arrestable offence. |
| (8) Strict liability applies to offences under subsections (4) and (5), respectively. |
(9) This section does not extend to the following:| (a) | engaging in conduct within a casino; | | (b) | a class licensee who provides a gambling service according to a class licence applicable to that class licensee and gambling service. |
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| Division 2 — Unlawful gambling places |
| Owning, etc., place used for unlawful gambling |
23.—(1) A person commits an offence if —| (a) | the person is an owner or an occupier of a place or premises; and | | (b) | the person uses, or allows the place or premises to be used, as an unlawful gambling place. |
(2) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that the person —| (a) | had no knowledge and could not with reasonable diligence have ascertained that the place or premises (or any part thereof) is to be used as an unlawful gambling place; and | | (b) | as soon as practicable after becoming aware that the place or premises (or any part thereof) is or is to be used as an unlawful gambling place, took all reasonable steps to stop that use. |
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(3) A person who is guilty of an offence under subsection (1) —| (a) | shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years. |
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| (4) An offence under this section is an arrestable offence. |
| (5) Strict liability applies to an offence under subsection (1). |
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| Offence of organising gambling place |
24.—(1) A person must not organise or manage, or assist in organising or managing, any unlawful gambling place.(2) Subject to subsection (3), a person who contravenes subsection (1) shall be guilty of an offence and —| (a) | shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years. |
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(3) However, a person who contravenes subsection (1) by engaging in conduct described in section 6(2), 8(3) or 10(2) shall be guilty of an offence and —| (a) | shall be liable on conviction to a fine not exceeding $200,000 and shall also be punished with imprisonment for a term not exceeding 5 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $300,000 and shall also be punished with imprisonment for a term not exceeding 7 years. |
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(4) The following offences are each a countable offence for the purpose of the reference in subsection (2) or (3) to a “repeat offender”:| (a) | an offence under section 3 of the Betting Act 1960 repealed by this Act; | | (b) | an offence under section 4 of the Common Gaming Houses Act 1961 repealed by this Act. |
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| (5) An offence under this section is an arrestable offence. |
| (6) Strict liability applies to offences under subsections (2) and (3), respectively. |
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| Offence of financing unlawful gambling place |
25.—(1) A person commits an offence if the person provides financing (whether money or a money equivalent) for any step taken in the process of organising or conducting an unlawful gambling place.| (2) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that at the time of providing financing, the person did not know, and had no reasonable cause to suspect, that the financing (whether money or a money equivalent) was for a step taken in the process of organising or conducting an unlawful gambling place. |
(3) Subject to subsection (4), a person who is guilty of an offence under subsection (1) —| (a) | shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years. |
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(4) A person who is guilty of an offence under subsection (1) by engaging in conduct described in section 6(2), 8(3) or 10(2) —| (a) | shall be liable on conviction to a fine not exceeding $200,000 and shall also be punished with imprisonment for a term not exceeding 5 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $300,000 and shall also be punished with imprisonment for a term not exceeding 7 years. |
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(5) The following offences are each a countable offence for the purpose of the reference in subsection (3) or (4) to a “repeat offender”:| (a) | an offence under section 3 or 4 of the Betting Act 1960 repealed by this Act; | | (b) | an offence under section 4 or 6 of the Common Gaming Houses Act 1961 repealed by this Act. |
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| (6) An offence under this section is an arrestable offence. |
| (7) Strict liability applies to an offence under subsection (1). |
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| Offence of being in unlawful gambling place |
26.—(1) An individual who is found in, or who enters or leaves, an unlawful gambling place commits an offence.(2) However, an individual is not guilty of an offence under this section if the individual proves, on a balance of probabilities, that —| (a) | he or she did not know and had no reasonable cause to suspect, that the place or premises was an unlawful gambling place and as soon as practicable after becoming aware that the place or premises was an unlawful gambling place, took all reasonable steps to leave the place or premises; or | | (b) | he or she was in, or was entering, the unlawful gambling place for a lawful purpose or with other reasonable excuse. |
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| (3) An individual who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) An offence under this section is an arrestable offence. |
| (5) Strict liability applies to an offence under subsection (1). |
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| Division 3 — Gaming machine‑related offences |
| Prohibited or unapproved gaming machine use |
27.—(1) A person (X) must not —| (a) | conduct gaming involving any prohibited gaming machine; or | | (b) | use or operate, or allow the use or operation of, in or from Singapore any prohibited gaming machine, for the purposes of gaming activities by another person, |
| where X knows, or ought reasonably to know, that the gaming machine is a prohibited gaming machine. |
(2) A person (Y) must not —| (a) | conduct gaming involving a gaming machine or gaming machine game that is not approved under section 74; or | | (b) | use or operate, or allow the use or operation of, for the purposes of gaming activities by another person, a gaming machine or gaming machine game that is not approved under section 74, |
| where Y knows, or ought reasonably to know, that the gaming machine is a gaming machine or the gaming machine game is a game (as the case may be) that is not approved under section 74. |
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(3) Subject to subsection (4), a person who contravenes subsection (1) or (2) shall be guilty of an offence and —| (a) | shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years. |
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(4) However, a person who contravenes subsection (1) or (2) by engaging in conduct described in section 8(3) shall be guilty of an offence and —| (a) | shall be liable on conviction to a fine not exceeding $200,000 and shall also be punished with imprisonment for a term not exceeding 5 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $300,000 and shall also be punished with imprisonment for a term not exceeding 7 years. |
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| (5) An individual who plays a game of chance for a prize involving any prohibited gaming machine or gaming machine that is not approved under section 74 in Singapore where he or she knows, or ought reasonably to know, that the gaming machine is a prohibited gaming machine or a gaming machine that is not so approved shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (6) In determining the amount of any penalty for any offence under this section, the court is to take into account the number of prohibited gaming machines involved in the commission of the offence. |
| (7) An offence under this section is an arrestable offence. |
| (8) This section does not extend to engaging in conduct within a casino. |
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| Proxy gambling outside of gaming machine room |
28.—(1) This section applies only in respect of the playing of a gaming machine that is played by —| (a) | inserting a coin or gaming token into the machine; | | (b) | causing gaming machine credits to be registered by the machine; | | (c) | making a bet on the machine; or | | (d) | causing the activation of any process relating to the gaming machine game of the machine, |
| such as but not limited to a jackpot machine. |
| (2) An individual who is, by virtue of section 7(5), regarded as participating in a game of chance using a gaming machine located in a gaming machine room and a player of the game, even though he or she is not in the same gaming machine room, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
(3) To avoid doubt, subsection (2) applies whether or not the individual —| (a) | who is in a gaming machine room; and | | (b) | who participates in a game of chance using a gaming machine located in the gaming machine room on behalf of an accused charged with an offence under subsection (1), |
| is convicted of any offence under the provisions of this Act. |
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| (4) An offence under this section is an arrestable offence. |
| (5) Strict liability applies to an offence under subsection (2). |
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| Supplying prohibited or unapproved gaming machines |
29.—(1) A person commits an offence if the person —| (a) | supplies any object or thing, or takes part in the supply of any object or thing, to another; | | (b) | the object or thing is a gaming machine that is not an approved gaming machine; | | (c) | the person knows that, or ought reasonably to have known, that object or thing is to be used in the provision of a gambling service outside of a casino; and | | (d) | the person knows that, or is reckless as to whether, the object or thing is not an approved gaming machine. |
(2) A person who is guilty of an offence under subsection (1) —| (a) | shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years. |
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(3) Subsection (1) does not apply to —| (a) | the acquisition of possession by a licensee or class licensee, or supply of a gaming machine to a licensee or class licensee, as a customer of the supplier of a gaming machine in order for the customer to decide whether or not to purchase or lease the gaming machine; | | (b) | the acquisition of possession or supply of a gaming machine if the Authority has agreed to the making of an application under section 73 to have the gaming machine evaluated by the Authority to be an approved gaming machine and the possession is for the purposes of the application; or | | (c) | the acquisition of possession or supply of a gaming machine in any case where the Authority terminates an investigation of, or refuses to approve, such an application, if the possession is for the purpose of disposing of the gaming machine in a manner directed by the Authority and does not extend beyond a reasonable time. |
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(4) In this section, “supply” includes carrying on any of the following activities, or a combination of those activities, in relation to any object or thing in Singapore, and whether or not the object or thing is to remain in Singapore:| (a) | selling by wholesale or retail, and whether by tender, auction or otherwise, or agreeing to so sell; | | (b) | bartering or exchanging; | | (c) | offering for sale, barter or exchange or attempting to sell, barter or exchange; | | (d) | offering or giving away for the purpose of advertisement or in furtherance of any trade or business; | | (e) | doing any of the above as an agent or a broker, or by an agent or a broker, of another. |
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| (5) An offence under this section is an arrestable offence. |
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Division 4 — Protection of underaged individuals
and excluded persons |
| Gambling with underaged individuals |
30.—(1) A person commits an offence if the person —| (a) | engages in gambling (that is not social gambling) with an underaged individual; or | | (b) | engages in gambling (that is not social gambling) with another person on behalf of an underaged individual.| Accepting a bet from, or giving or sending an acknowledgment of a bet to, an underaged individual. |
| Allowing an underaged individual to play a gaming machine in any gaming machine room. |
| Selling a ticket in a lottery to an underaged individual. |
| Accepting an entry in a lottery from an underaged individual. |
| Opening a betting account for betting, or registering an underaged individual as a player in a game of chance, conducted by remote communication. |
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(2) However, an accused is not guilty of an offence under this section if the accused proves, on a balance of probabilities, that the accused —| (a) | had reasonable grounds to believe and did make reasonable inquiries to ascertain that the individual who is gambling (called in this section the gambler) was not an underaged individual; or | | (b) | had received from the gambler evidence purporting to show that the gambler was not an underaged individual, and that it was reasonable to and the accused did accept that evidence as correct. |
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| (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding 6 years or to both. |
(4) Subsection (1)(b) does not apply in respect of the playing of a gaming machine that is played by —| (a) | inserting a coin or gaming token into the machine; | | (b) | causing gaming machine credits to be registered by the machine; | | (c) | making a bet on the machine; or | | (d) | causing the activation of any process relating to the gaming machine game of the machine, |
| such as but not limited to a jackpot machine. |
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| (5) Strict liability applies to an offence under subsection (1). |
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| Gambling by underaged individuals and excluded persons |
31.—(1) An underaged individual must not engage in gambling in or from Singapore. | (2) An underaged individual who contravenes subsection (1) shall be guilty of an offence and, subject to subsection (5), shall be liable on conviction to a fine not exceeding $1,500. |
| (3) An excluded person must not engage in any gambling in or from Singapore in contravention of any gambling ban applicable to him or her. |
| (4) An excluded person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
| (5) Despite section 42(2) and (3) of the Children and Young Persons Act 1993, an underaged individual must not be imprisoned, or detained in a detention centre, as a consequence of a failure to pay a fine that is imposed in respect of an offence under this section. |
| (6) Strict liability applies to offences under subsections (2) and (4), respectively. |
| (7) This section does not apply to gambling within any casino or to social gambling. |
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| Offence by underaged individual or excluded person entering gambling venue, etc. |
32.—(1) An underaged individual must not —| (a) | intentionally enter or remain in any approved gambling venue during a restricted period of the approved gambling venue; or | | (b) | intentionally open or re‑open an account with a licensee to engage in general remote gambling. |
(2) An excluded person must not —| (a) | intentionally enter or remain in any gaming machine room during a restricted period of the gaming machine room except to perform defined work within the room; or | | (b) | intentionally open or re‑open an account with a licensee to engage in general remote gambling, |
| in contravention of any gambling ban applicable to the excluded person. |
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| (3) An underaged individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500. |
| (4) An excluded person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
(5) However, an underaged individual is not guilty of an offence under this section for contravening subsection (1)(a) if the underaged individual proves, on a balance of probabilities, that —| (a) | the underaged individual did not know or could not reasonably have known that the place or premises is an approved gambling venue; or | | (b) | the entry or remaining in an approved gambling venue during the restricted period was to comply with a direction given to the underaged individual by or on behalf of a police officer or other public officer or a public body in exercise of a power under any written law. |
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(6) However, an excluded person is not guilty of an offence under this section for contravening subsection (2)(a) if the excluded person proves, on a balance of probabilities, that —| (a) | the excluded person did not know or could not reasonably have known that the place or premises is a gaming machine room; | | (b) | the entry or remaining in the gaming machine room during the restricted period was to comply with a direction given to the excluded person by or on behalf of a police officer or other public officer or a public body in exercise of a power under any written law; or | | (c) | for an individual who is an excluded person solely by reason of the operation of section 165A(1)(a) or (b) of the Casino Control Act 2006, the excluded person did not know or could not reasonably have known that he or she is an excluded person because the electronic transaction system provided by the NCPG to the public to access the list of excluded persons is for any reason unavailable for general use or malfunctions at the material time. |
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(7) In this section and section 33, “approved gambling venue” excludes any place or premises in Singapore where a place‑based gambling service is lawfully provided for place‑based gambling involving —| (a) | participating in any lottery; or | | (b) | betting connected with a sporting event happening in Singapore or elsewhere and at which a live broadcast of the sporting event is not provided at the place or premises. |
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| (8) Despite section 42(2) and (3) of the Children and Young Persons Act 1993, an underaged individual must not be imprisoned, or detained in a detention centre, as a consequence of a failure to pay a fine that is imposed in respect of an offence under this section. |
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| Offence by underaged individual using false evidence of age, etc. |
33.—(1) An underaged individual who uses any evidence that is false in a material particular in relation to the individual in order —| (a) | to gamble in or from Singapore; | | (b) | to enter or remain in an approved gambling venue during a restricted period of the approved gambling venue; or | | (c) | to open or re‑open an account with a licensee to engage in general remote gambling, |
| shall be guilty of an offence and, subject to subsection (2), shall be liable on conviction to a fine not exceeding $10,000. |
| (2) Despite section 42(2) and (3) of the Children and Young Persons Act 1993, an underaged individual must not be imprisoned, or detained in a detention centre, as a consequence of a failure to pay a fine that is imposed in respect of an offence under this section. |
(3) An excluded person who uses any evidence that is false in a material particular in relation to the excluded person in order —| (a) | to enter or remain in any gaming machine room during a restricted period of the gaming machine room; or | | (b) | to engage in general remote gambling in or from Singapore, |
| in contravention of any gambling ban applicable to the excluded person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. |
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| (4) This section does not apply to social gambling. |
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| Inducement to underaged individuals to gamble |
34.—(1) A person commits an offence if the person sends (or causes to be sent) to an underaged individual any inducement to gamble that is not social gambling.| (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding 6 years or to both. |
(3) In addition to section 86(1), a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that —| (a) | the person does not receive any direct or indirect benefit (whether financial or not) for sending or causing to be sent that inducement; and | | (b) | the inducement was not sent in the course of any business. |
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(4) For the purposes of subsection (1), it does not matter whether or not the gambling actually carried out by an underaged individual —| (a) | is the same as that invitation in the inducement; or | | (b) | is in the manner so invited in the inducement, |
| provided that the gambling actually carried out is a probable consequence of that invitation. |
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| (5) Strict liability applies to an offence under subsection (1). |
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| Unlawful employment of young person in gambling |
35.—(1) Subject to subsection (4), a person who employs in Singapore an individual who is below 21 years of age (called in this section a young person) to conduct a betting operation, gaming or a lottery in or from Singapore in accordance with arrangements made by that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding 6 years or to both.(2) A reference in subsection (1) to employing a young person includes, in particular, a reference —| (a) | to employing or engaging the young person whether or not under a contract of employment; and | | (b) | to causing or permitting the young person to be employed or engaged. |
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(3) However, a person (A) is not guilty of an offence under this section if A proves, on a balance of probabilities, that —| (a) | A had reasonable grounds to believe and did make reasonable inquiries to ascertain that the individual employed or to be employed was not a young person; or | | (b) | A had received from the individual employed or to be employed evidence purporting to show that that individual was not a young person, and that it was reasonable to and A did accept that evidence as correct. |
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(4) Nothing in this section prohibits or makes unlawful a licensee or a class licensee engaging in any of the following in connection with the licensee or class licensee providing a gambling service authorised by or under the licence or class licence thereof: | (a) | the employing or engaging of a young person (whether or not under a contract of employment) to perform any managerial, clerical, secretarial or administrative work that is wholly performed within enclosed premises; | | (b) | the causing of or permitting a young person to be employed or engaged, to perform any managerial, clerical, secretarial or administrative work that is wholly performed within enclosed premises. |
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| Division 5 — Other offences |
| Possession of unlawful gambling instruments |
36.—(1) An individual who is in possession of any thing that may reasonably be suspected of being an unlawful gambling instrument when he or she is —| (a) | present at any unlawful gambling; or | | (b) | in or near a place —| (i) | in which any unlawful gambling is taking place; or | | (ii) | which is habitually used for unlawful gambling, |
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| shall be guilty of an offence and — |
| (c) | shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but | | (d) | where the individual is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years. |
(2) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that —| (a) | the person did not know and could not reasonably be expected to know, that the money or thing concerned was an unlawful gambling instrument; | | (b) | the money or thing concerned came into the person’s possession unsolicited and the person, as soon as the person became aware of its nature, took reasonable steps to destroy or otherwise surrender it to a police officer or an authorised officer; or | | (c) | the person has a reasonable excuse to be in possession of any thing that may reasonably be suspected of being an unlawful gambling instrument. |
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(3) The following offences are each a countable offence for the purpose of the reference in subsection (1) to a “repeat offender”:| (a) | an offence under section 3 of the Betting Act 1960 repealed by this Act; | | (b) | an offence under section 4 of the Common Gaming Houses Act 1961 repealed by this Act. |
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| (4) An offence under this section is an arrestable offence. |
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| Providing credit for unlawful gambling |
37.—(1) A person commits an offence if —| (a) | the person offers or provides credit to another; and | | (b) | the person knows, or ought reasonably to have known, that the credit is intended to be used for unlawful gambling. |
(2) A person who is guilty of an offence under subsection (1) —| (a) | shall be liable on conviction to a fine not exceeding $200,000 and shall also be punished with imprisonment for a term not exceeding 4 years; but | | (b) | where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $300,000 and shall also be punished with imprisonment for a term not exceeding 7 years. |
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| (3) An offence under this section is an arrestable offence. |
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| Unlawful interference with approved gaming machines, etc. |
38.—(1) A person who —| (a) | has possession of a device made or adapted, or intended by the person to be used, for interfering with the normal operation of any relevant gambling equipment; | | (b) | does anything calculated, or likely to interfere with the normal operation of any relevant gambling equipment; | | (c) | does anything that is calculated to render any relevant gambling equipment (even if temporarily) incapable of producing, or of producing, a winning combination; or | | (d) | does any act or thing calculated to interfere with any relevant gambling equipment under which the result obtained on the relevant gambling equipment is different to the result provided by the approved game, |
| shall be guilty of an offence. |
(2) Subsection (1) does not apply to anything done in good faith in connection with —| (a) | the installation, alteration, adjustment, maintenance or repair of any relevant gambling equipment by a recognised technician; | | (b) | the carrying out of any installation, alteration, adjustment, maintenance or repair to effect a change of game directed by the Authority under section 78; or | | (c) | the exercise by a police officer or an authorised officer of a function conferred or imposed by or under this Act. |
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(3) A person who —| (a) | dishonestly, or because of gross negligence; and | | (b) | during the design, manufacture, assembly, installation, alteration, adjustment, maintenance or repair of any relevant gambling equipment, |
| makes provision (including by fraudulent computer programming) to subsequently gain any money or money equivalent or any financial benefit for that person or another person or any advantage in the operation of the relevant gambling equipment, shall be guilty of an offence. |
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(4) A person who, with intent to dishonestly obtain any money or money equivalent or a financial benefit for the person or another person, inserts, or causes to be inserted, in an approved gaming machine in an approved gambling venue, or any peripheral equipment for such an approved gaming machine, any thing other than —| (a) | a coin or token of the denomination or type displayed on the approved gaming machine as that to be used to operate or gain credit on the gaming machine; | | (b) | a note of a denomination in order to operate or gain credit on the approved gaming machine; or | | (c) | a card of a type authorised by the licensee for use in order to operate or gain credit on the approved gaming machine, |
| shall be guilty of an offence. |
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(5) A person who is guilty of an offence under subsection (1), (3) or (4) shall be liable on conviction —| (a) | in the case of an individual, to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 7 years or to both; or | | (b) | in the case of an entity, to a fine not exceeding $300,000. |
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| (6) An offence under this section is an arrestable offence. |
(7) In this section, “relevant gambling equipment” means any of the following:| (a) | an approved gaming machine installed or used outside of a casino; | | (b) | any peripheral equipment for an approved gaming machine installed or used outside of a casino; | | (c) | any software, or any other machine, apparatus, appliance, equipment, instrument, communication device or other device, accessory or any other thing (whether or not of a similar kind), that is used, apparently used, likely to be used or capable of being used in providing a gambling service authorised under a licence or class licence.| Draw appliances and ball sets used in lottery draws. |
| Software and programming code used to generate winning numbers. |
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| Unlawful interference with requisite surveillance system |
39.—(1) A person who —| (a) | has possession of a device made or adapted, or intended by the person to be used, for interfering with the normal operation of a requisite surveillance system in an approved gambling venue; or | | (b) | does anything calculated, or likely to interfere with the normal operation of a requisite surveillance system in an approved gambling venue, |
| shall be guilty of an offence. |
(2) Subsection (1) does not apply to anything done in good faith in connection with —| (a) | the installation, alteration, adjustment, maintenance or repair by a recognised technician of any part of a requisite surveillance system in an approved gambling venue; | | (b) | the carrying out of any installation, alteration, adjustment, maintenance or repair to effect a change to any part of the requisite surveillance system that is directed by the Authority under any provision of this Act; or | | (c) | the exercise by a police officer or an authorised officer of a function conferred or imposed by or under any provision of this Act. |
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(3) A person who —| (a) | dishonestly, or because of gross negligence; and | | (b) | during the design, manufacture or assembly of any part of the requisite surveillance system of an approved gambling venue, |
| makes provision (including by fraudulent computer programming) to subsequently gain any money or money equivalent or any financial benefit for that person or another person or any advantage in the operation of a requisite surveillance system shall be guilty of an offence. |
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| (4) A person who is guilty of an offence under subsection (1) or (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
| (5) An offence under this section is an arrestable offence. |
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| Division 6 — Forfeiture and other punishments |
| Forfeiture of seized articles, money, etc. |
40.—(1) If a person is convicted of an offence under this Act, the court may, in addition to any other penalty that may be imposed, order to be forfeited any equipment, thing, document, or any money or money equivalent or other thing of value —| (a) | used in the commission of the offence and found in the possession of the person when the offence was committed; or | | (b) | seized under this Act in relation to the offence. |
(2) A forfeiture order under subsection (1) —| (a) | may include such provision about the treatment of the equipment, thing, document, or any money or money equivalent or other thing of value, forfeited as the court thinks appropriate; and | | (b) | subject to any provision made under paragraph (a), must be treated as requiring any person in possession of the equipment, thing, document, or any money or money equivalent or other thing of value, to surrender it to the Authority, a police officer or an authorised officer as soon as is reasonably practicable. |
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| (3) Subject to subsection (2), sections 364, 365 and 366 of the Criminal Procedure Code 2010 apply to any equipment, thing, document, or any money or money equivalent or other thing of value forfeited under this section or section 41. |
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| Forfeiture on conviction of unlawful gambling winnings |
41.—(1) If a person is convicted of an offence under section 28(2) or 30(1)(b), a court may order that the convicted person forfeit —| (a) | all winnings derived by the convicted person from the commission of the offence; and | | (b) | all reward paid to the convicted person by the other person on whose behalf the convicted person engaged in gambling. |
| (2) If the person convicted of an offence under section 30 or 31 is an underaged individual or an excluded person, a court may order that the convicted person forfeit all winnings derived by the convicted person from the commission of the offence. |
(3) In this section, “winnings” —| (a) | means any money or money equivalent or any thing of value from gambling, even winnings in the form of a cheque or a ticket or other instrument authorising the payment of winnings; and | | (b) | in relation to gaming activity that is playing a gaming machine, includes any coins left in the coin tray of the gaming machine when the offence was committed. |
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| (4) Without affecting section 46 of the Children and Young Persons Act 1993, a reference in this section to a convicted underaged individual includes a reference to an underaged individual who is found guilty. |
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