Betting and Sweepstake Duties (Amendment) Act 2005

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 13]

Friday, April 1

[2005

The following Act was passed by Parliament on 11th March 2005 and assented to by the President on 21st March 2005:—

Betting and Sweepstake Duties (Amendment) Act 2005

(No. 14 of 2005)

I assent.

S R NATHAN,

President,

21st March 2005.

Date of Commencement: 1st April 2005

An Act to amend the Betting and Sweepstake Duties Act (Chapter 22 of the 1999 Revised Edition) and to make related amendments to the Singapore Totalisator Board Act (Chapter 305A of the 1999 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Betting and Sweepstake Duties (Amendment) Act 2005 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Betting and Sweepstake Duties Act (referred to in this Act as the principal Act) is amended by inserting, immediately before the definition of “exempt organisation”, the following definition:

“ “Commissioner” means the Commissioner of Stamp Duties appointed under section 3 of the Stamp Duties Act (Cap. 312);”.

Repeal and re-enactment of section 3

3. Section 3 of the principal Act is repealed and the following section substituted therefor:

“Duty on betting and sweepstakes

3.—(1) A duty shall be charged in respect of any betting on a totalisator, pari-mutuel or in any other system or method of cash or credit betting held, promoted, organised, administered or operated by an exempt organisation specified by order in the Gazette by the Minister.

(2) A duty shall be charged on every sweepstake promoted by an exempt organisation specified by order in the Gazette by the Minister on the result of a horse race or other race whether the race takes place in Singapore or elsewhere.

(3) The Minister may, by order in the Gazette, prescribe the rate of any duty charged under this section or section 4 (including the basis to which the rate shall apply), and may prescribe different rates and bases of duty for different classes of betting or sweepstakes.”.

Amendment of section 4

4. Section 4 of the principal Act is amended —

(a)	by inserting, immediately after the words “exempt organisation” in subsection (1), the words “specified by order in the Gazette by the Minister”;
(b)	by deleting subsections (2), (3), (4) and (5); and
(c)	by renumbering subsection (6) as subsection (2).

Amendment of section 5

5. Section 5 of the principal Act is amended by deleting the words “racing club or association or”.

Amendment of section 6

6. Section 6 of the principal Act is amended —

(a)

by deleting the word “and” at the end of sub-paragraph (iii) of subsection (1)(b);

(b)

by inserting, immediately after sub-paragraph (iv) of subsection (1)(b), the following sub-paragraph:

“(v)	such other particulars as the Minister may, by order in the Gazette, prescribe; and”; and

(c)

by deleting subsection (2) and substituting the following subsection:

“(2) The Minister may, by order in the Gazette, prescribe the time within which a statement referred to in subsection (1)(b) shall be delivered and the duty so chargeable shall be paid to the Commissioner.”.

Amendment of section 7

7. Section 7 of the principal Act is amended by deleting the words “racing club or association or exempt organisation” and substituting the words “exempt organisation specified by order under section 3 (1) or (2) or 4 (1)”.

Amendment of section 9

8. Section 9 of the principal Act is amended —

(a)	by deleting the words “racing club or association exempted under section 22 of the Betting Act (Cap. 21) from the provisions of that Act” in the 3rd and 4th lines and substituting the words “exempt organisation specified by order under section 3(2)”; and
(b)	by deleting the words “racing club or association” in the last line and substituting the words “exempt organisation”.

New section 11

9. The principal Act is amended by inserting, immediately after section 10, the following section:

“Composition of offences

11.—(1) The Commissioner may, in his discretion, compound —

(a)	an offence under section 10(1) by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $250; or
(b)	an offence under section 10(2) by collecting from a person reasonably suspected of having committed the offence a sum not exceeding double the amount of duty payable or $5,000, whichever is less.

(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.

(3) All sums collected under this section shall be paid into the Consolidated Fund.”.

Miscellaneous amendments

10. The principal Act is amended by deleting the words “of Stamp Duties” wherever they appear in sections 6, 7 and 10.

Related amendments to Singapore Totalisator Board Act

11. The Singapore Totalisator Board Act (Cap. 305A) is amended —

(a)

by inserting, immediately after section 9A, the following section:

“Power to borrow

9B.—(1) The Board may, from time to time, for the purposes of this Act, raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from such source as the Minister may direct by —

(a)	mortgage, overdraft or other means, with or without security;
(b)	charge, whether legal or equitable, on any property vested in the Board or on any other revenue receivable by the Board under this Act or any other written law; or
(c)	the creation and issue of debentures, bonds or any other instrument as the Minister may approve.

(2) For the purposes of this section, the power to raise loans shall include the power to make any financial agreement whereby credit facilities are granted to the Board for the purchase of goods or services.”; and

(b)

by deleting paragraph (b) of section 12(1) and substituting the following paragraph:

“(b)	the amount of any commission prescribed, or determined in any manner prescribed, in any regulations made under section 21.”.

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