No. S 64
Casino Control Act
(CHAPTER 33A)
Casino Control
(Gaming Equipment) (Amendment)
Regulations 2013
In exercise of the powers conferred by sections 103, 103A, 105 and 200 of the Casino Control Act, the Casino Regulatory Authority of Singapore, with the approval of the Minister for Home Affairs, hereby makes the following Regulations:
Citation and commencement
1.  These Regulations may be cited as the Casino Control (Gaming Equipment) (Amendment) Regulations 2013 and shall come into operation on 31st January 2013.
Amendment of regulation 2
2.  Regulation 2 of the Casino Control (Gaming Equipment) Regulations 2009 (G.N. No. S 414/2009) (referred to in these Regulations as the principal Regulations) is amended —
(a)by deleting the words “regulation 21” in the definition of “approved gaming equipment” in paragraph (1) and substituting the words “regulation 21(7)”;
(b)by deleting the definition of “Approved List” in paragraph (1) and substituting the following definition:
“ “Approved List” means the Approved List of approved manufacturers, approved suppliers and approved test service providers maintained under these Regulations;”;
(c)by deleting the words “regulation 5” in the definition of “approved manufacturer” in paragraph (1) and substituting the words “regulation 5(2)”;
(d)by deleting the words “regulation 5” in the definition of “approved supplier” in paragraph (1) and substituting the words “regulation 5(2)”;
(e)by inserting, immediately after the definition of “approved supplier” in paragraph (1), the following definition:
“ “approved test service provider” means a provider of testing services that is approved by the Authority under regulation 24B(2) as an approved test service provider;”;
(f)by deleting the definition of “electronic table game” in paragraph (1);
(g)by deleting the definition of “modification” in paragraph (1) and substituting the following definition:
“ “modification”, in relation to any approved gaming machine, approved gaming equipment or approved linked jackpot arrangement, means any change —
(a)affecting the display or operation of the approved gaming machine, approved gaming equipment or approved linked jackpot arrangement; or
(b)capable of affecting the outcome of the game played on that approved gaming machine, with that approved gaming equipment or using that approved linked jackpot arrangement;”;
(h)by inserting, immediately after the definition of “modification” in paragraph (1), the following definition:
“ “official website” means the website of the Authority at http://www.cra.gov.sg;”;
(i)by deleting the definition of “recognised testing laboratory” in paragraph (1);
(j)by deleting the definition of “technical standards” in paragraph (1) and substituting the following definition:
“ “technical standards”, in relation to any gaming machine or other gaming equipment of a particular class or description, means any technical standards issued by the Authority applicable to gaming machines or gaming equipment of that class or description, updated from time to time and set out at the official website of the Authority or, if a modification to the technical standards has been allowed by the Authority under regulation 13(3) or 20(3), such technical standards as modified.”; and
(k)by deleting the words “a manufacturer of gaming machines or a supplier of gaming machines” in paragraph (2) and substituting the words “any person approved by the Authority under these Regulations or any applicant for such approval,”.
Amendment of regulation 3
3.  Regulation 3 of the principal Regulations is amended —
(a)by deleting the words “section 103(a)” in paragraph (1) and substituting the words “section 103(1)(a)”; and
(b)by deleting the words “regulation 4(2)” in paragraph (5)(c) and substituting the words “regulation 26A(2)”.
Deletion of regulation 4
4.  Regulation 4 of the principal Regulations is deleted.
Amendment of regulation 5
5.  Regulation 5 of the principal Regulations is amended —
(a)by inserting, immediately after paragraph (1), the following paragraph:
(1A)  In determining the suitability of the applicant under paragraph (1), the Authority may at its discretion consider the suitability of any associate of the applicant having regard to the relevant matters referred to in paragraph (1).”;
(b)by deleting the words “paragraph (1)” in paragraph (2) and substituting the words “paragraphs (1) and (1A)”; and
(c)by deleting the words “thinks fit” in paragraph (2) and substituting the words “may impose”.
Amendment of regulation 7
6.  Regulation 7 of the principal Regulations is amended —
(a)by deleting the word “and” at the end of paragraph (1)(b)(i);
(b)by inserting, immediately after sub-paragraph (ii) of paragraph (1)(b), the following sub-paragraph:
(iii)furnish such authorisation or consent as the Authority may direct for the purpose of enabling the Authority to obtain information (including financial and any confidential information) concerning the approved manufacturer or approved supplier, as the case may be, and his associate from any other person; and”;
(c)by deleting the words “in Singapore” in paragraph (2)(a);
(d)by inserting, immediately after sub-paragraph (a) of paragraph (2), the following sub-paragraph:
(ab)provide such written undertaking as may be required by the Authority in furtherance of the objectives of these Regulations;”;
(e)by deleting the words “in Singapore” in paragraph (2)(b);
(f)by deleting the word “and” at the end of paragraph (2)(c);
(g)by deleting the full-stop at the end of sub-paragraph (d) of paragraph (2) and substituting the word “; and”, and by inserting immediately thereafter the following sub-paragraph:
(e)permit the Authority, its officer or its agent to inspect any premises in Singapore or elsewhere where an approved manufacturer or approved supplier carries on business, for the purpose of an investigation under regulation 8.”;
(h)by inserting, immediately after paragraph (2), the following paragraph:
(2A)  The Authority, its officer or its agent shall not be liable to pay any person any fee, charge or expense on account of any inspection under paragraph (2)(e).”; and
(i)by deleting paragraph (4).
Amendment of regulation 8
7.  Regulation 8 of the principal Regulations is amended —
(a)by inserting, at the end of paragraph (a), the word “or”;
(b)by deleting the word “; or” at the end of paragraph (b) and substituting a comma;
(c)by deleting paragraph (c);
(d)by inserting, immediately after the words “the approved manufacturer or approved supplier”, the words “having regard to the matters referred to in regulation 5(1)”; and
(e)by deleting the regulation heading and substituting the following regulation heading:
Regular investigation of suitability and technical capability”.
New regulation 8A
8.  The principal Regulations are amended by inserting, immediately after regulation 8, the following regulation:
On-going monitoring of associates and others
8A.—(1)  The Authority may, from time to time, inquire into an associate, or a person likely to become an associate, of an approved manufacturer or approved supplier.
(2)  In particular, the Authority shall consider whether there is any information that an associate, or a person likely to become an associate, of an approved manufacturer or approved supplier —
(a)is not of good repute, having regard to character, honesty and integrity;
(b)is not of sound and stable financial background;
(c)has any undesirable or unsatisfactory financial resources;
(d)has any business association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; or
(e)does not have a consistent track record of compliance with any legal and regulatory requirements applicable to it, whether in relation to its business as a manufacturer or supplier of gaming machines or otherwise and whether in Singapore or elsewhere.
(3)  An approved manufacturer or approved supplier shall notify the Authority in writing that a person is likely to become an associate of the approved manufacturer or approved supplier as soon as practicable after the approved manufacturer or approved supplier becomes aware of the likelihood.
(4)  The Authority may, by notice in writing, require a person referred to in paragraph (1) —
(a)to provide the Authority, in accordance with directions in the notice, with such information relevant to the approved manufacturer or approved supplier or the first-mentioned person’s association with the approved manufacturer or approved supplier, or with such information as the Authority requires, as is specified in the notice;
(b)to produce to the Authority, in accordance with the directions in the notice, such records relevant to the approved manufacturer or approved supplier or that association, or to matters specified by the Authority, as may be specified in the notice and to permit the Authority to examine the records, take extracts from them and make copies of them; or
(c)to attend before the Authority for examination in relation to any matter relevant to the approved manufacturer or approved supplier or that association, or to matters specified by the Authority, and to answer questions relating to those matters.
(5)  If records are produced under this regulation, the Authority may retain possession of the records for such period as may reasonably be necessary for inquiries to be carried out.
(6)  At any reasonable time during the period for which records are retained, the Authority shall permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the Authority.
(7)  The Authority may —
(a)require an associate or a person likely to become an associate of the approved manufacturer or approved supplier to consent to having his photograph, finger prints and palm prints taken; and
(b)send a copy of such photograph, finger prints and palm prints, and any supporting documents to the Commissioner of Police.
(8)  The Commissioner of Police or any police officer authorised by the Commissioner shall inquire into and report to the Authority on such matters concerning the associate, or person likely to become an associate, of the approved manufacturer or approved supplier as the Authority requests.
(9)  If the Authority determines that an associate of an approved manufacturer or approved supplier has engaged or is engaging in conduct that, in the Authority’s opinion, is unacceptable for a person who is concerned in or associated with the ownership, management or operation of the business of the approved manufacturer or approved supplier, the Authority may give written notice to the associate that the conduct is unacceptable.
(10)  If ––
(a)the Authority having regard to the matters referred to in paragraph (2), determines that an associate of an approved manufacturer or approved supplier is unsuitable to be concerned in or associated with the business of the approved manufacturer or approved supplier; or
(b)the associate continues with the conduct referred to in paragraph (9),
the Authority may, by notice in writing, direct the approved manufacturer or approved supplier to take all reasonable steps to terminate the association and the approved manufacturer or approved supplier shall comply with the direction within 14 days after receiving that notice or any longer period agreed with the Authority.”.
Amendment of regulation 10
9.  Regulation 10 of the principal Regulations is amended —
(a)by deleting the words “regulation 7(2)” in paragraph (1)(b) and substituting the words “regulation 7(1) or (2)”;
(b)by deleting the word “or” at the end of paragraph (1)(b);
(c)by deleting the comma at the end of paragraph (1)(c) and substituting a semi-colon;
(d)by inserting, immediately after sub-paragraph (c) of paragraph (1), the following sub-paragraphs:
(d)fails to comply with regulation 8A(3) or (10); or
(e)fails to comply with any written notice of the Authority under regulation 26B(1),”;
(e)by deleting the words “a specified period” in paragraph (3) and substituting the words “14 days, or such longer period as the Authority may allow on application by the approved manufacturer or approved supplier,”;
(f)by deleting the words “by the notice in” in paragraph (4) and substituting the word “under”; and
(g)by deleting the words “specified period” in paragraph (5) and substituting the words “period allowed under paragraph (3)”.
Amendment of regulation 11
10.  Regulation 11(1) of the principal Regulations is amended by deleting the words “section 103(b)” and substituting the words “section 103(1)(d)”.
Deletion and substitution of regulation 12
11.  Regulation 12 of the principal Regulations is deleted and the following regulation substituted therefor:
Minimum return to player percentage
12.—(1)  Subject to paragraph (2), the minimum return to player percentage of each gaming machine used in a casino shall be 90%.
(2)  Paragraph (1) shall not apply to any semi-automated electronic table game.
(3)  In this regulation, “semi-automated electronic table game” means an electronic table game conducted in a semi-automated manner, where a dealer conducts the game play with the automation of wagering or payment.”.
Deletion and substitution of regulation 13
12.  Regulation 13 of the principal Regulations is deleted and the following regulation substituted therefor:
Gaming machines to comply with technical standards and other requirements
13.—(1)  Subject to paragraph (3), every gaming machine used or intended for use in a casino shall be manufactured, installed, tested, inspected, operated, maintained and repaired in accordance with the technical standards and any other requirements set out in any notice under paragraph (2) relating to the gaming machine or class of gaming machines to which it belongs.
(2)  The Authority may from time to time, by notice in writing given to a casino operator, an approved manufacturer or an approved supplier, require that any gaming machine or class of gaming machines for use in any casino must comply with certain requirements, including but not limited to requirements as to bet limits, game integrity or security.
(3)  The Authority may, on the application of an approved manufacturer, an approved supplier or a casino operator, modify or waive any of the technical standards or any other requirements set out in notices under paragraph (2) relating to any gaming machine or class of gaming machines, subject to such conditions as the Authority may impose, having regard to bet limits, game integrity or security.
(4)  Without prejudice to paragraph (2), where the technical standards relating to any gaming machine or class of gaming machines is revised, the Authority may, by notice in writing in any particular case, require a casino operator to make such modifications to any gaming machine or class of gaming machines as may be necessary to comply with any of the revised technical standards.”.
Amendment of regulation 14
13.  Regulation 14 of the principal Regulations is amended —
(a)by deleting the words “a recognised testing laboratory” in paragraph (2)(b) and substituting the words “an approved test service provider”;
(b)by inserting, immediately after the word “standards” in paragraph (2)(b), the words “or any other requirements set out in notices under regulation 13(2)”;
(c)by deleting the words “thinks fit” in paragraph (5) and substituting the words “may impose”; and
(d)by deleting paragraph (6).
Deletion and substitution of regulation 15
14.  Regulation 15 of the principal Regulations is deleted and the following regulation substituted therefor:
Modification of gaming machines
15.—(1)  No person shall modify, or permit any modification of, any approved class of gaming machines unless the person has obtained the prior written approval of the Authority for the modification.
(2)  Regulation 14(2) to (5) shall apply, with the necessary modifications, to an application for approval under paragraph (1) as it does to an application for approval under regulation 14(1).
(3)  The Authority may waive the requirement to apply for approval under paragraph (1) if the Authority is of the opinion that the modification is minor having regard to bet limits, game integrity or security.
(4)  Any person other than a casino operator who contravenes paragraph (1) 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)  A casino operator which contravenes paragraph (1) shall be liable to disciplinary action under section 54 of the Act.”.
Amendment of regulation 16
15.  Regulation 16 of the principal Regulations is amended by deleting paragraphs (1) and (2) and substituting the following paragraphs:
(1)  Where any approved class of gaming machines or any component of any gaming machine of that class —
(a)does not comply with any technical standards or any other requirements in notices given by the Authority applicable to it, or any conditions imposed by the Authority;
(b)has been modified without the prior written approval or waiver of the Authority under regulation 15; or
(c)has failed to function in a manner in which it was designed or programmed to function,
the Authority may, subject to paragraph (2), revoke the approval of the class of gaming machines or the component thereof for use in a casino.
(2)  The Authority shall not revoke any approval of a class of gaming machines or the component thereof unless the Authority first served on the casino operator a notice in writing giving the casino operator an opportunity to show cause within a specified period why the approval should not be revoked.”.
Amendment of regulation 17
16.  Regulation 17(1) of the principal Regulations is amended —
(a)by deleting sub-paragraph (a) and substituting the following sub-paragraph:
(a)any gaming machine which does not comply with regulation 12(1) or 13(1);”;
(b)by inserting, immediately after sub-paragraph (b), the following sub-paragraph:
(ba)any gaming machine with any component which has been revoked under regulation 16;”; and
(c)by deleting the word “permission” in sub-paragraph (d) and substituting the words “written approval or waiver”.
Deletion and substitution of regulation 20
17.  Regulation 20 of the principal Regulations is deleted and the following regulation substituted therefor:
Gaming equipment to comply with technical standards and other requirements
20.—(1)  Subject to paragraph (3), every gaming equipment used or intended for use in a casino shall be manufactured, installed, tested, inspected, operated, maintained and repaired in accordance with the technical standards and any other requirements set out in any notice under paragraph (2) relating to that gaming equipment or class of gaming equipment to which it belongs.
(2)  The Authority may from time to time, by notice in writing given to a casino operator or a manufacturer or supplier of gaming equipment, require that any gaming equipment or class of gaming equipment for use in any casino must comply with certain requirements, including but not limited to requirements as to additional testing or reporting to be carried out on the gaming equipment.
(3)  The Authority may, on the application of a manufacturer or supplier of the gaming equipment or a casino operator, modify or waive any of the technical standards or requirements in notices under paragraph (2) relating to any gaming equipment or class of gaming equipment, subject to such conditions as the Authority may impose, having regard to bet limits, game integrity or security.
(4)  Without prejudice to paragraph (2), where the technical standards relating to any gaming equipment or class of gaming equipment is revised, the Authority may, by notice in writing in any particular case, require a casino operator to make such modifications to any gaming equipment or class of gaming equipment as may be necessary to comply with any of the revised technical standards.”.
Amendment of regulation 21
18.  Regulation 21 of the principal Regulations is amended —
(a)by deleting the words “person intending to supply for use” in paragraph (1) and substituting the words “manufacturer or supplier of gaming equipment intending to manufacture or supply for use, as the case may be”;
(b)by deleting sub-paragraph (b) in paragraph (2) and substituting the following sub-paragraph:
(b)where technical standards or other requirements in notices have been issued under these Regulations in relation to the gaming equipment and have not been waived under regulation 20(3), a report issued by an approved test service provider certifying that the class of gaming equipment complies with those technical standards applicable to it or any other requirements in those notices given by the Authority; and”; and
(c)by deleting the words “thinks fit” in paragraph (7) and substituting the words “may impose”.
Deletion and substitution of regulation 22
19.  Regulation 22 of the principal Regulations is deleted and the following regulation substituted therefor:
Modification of approved gaming equipment
22.—(1)  No person shall modify, or permit any modification of, any approved class of gaming equipment, unless the person has obtained the prior written approval of the Authority for the modification.
(2)  Regulation 21(2) to (7) shall apply, with the necessary modifications, to an application for approval under paragraph (1) as it does to an application for approval under regulation 21(1).
(3)  The Authority may waive the requirement to apply for approval under paragraph (1) if the Authority is of the opinion that the modification is minor having regard to bet limits, game integrity or security.
(4)  Any person other than a casino operator who contravenes paragraph (1) 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)  A casino operator which contravenes paragraph (1) shall be liable to disciplinary action under section 54 of the Act.”.
New regulation 22A
20.  The principal Regulations are amended by inserting, immediately after regulation 22, the following regulation:
Regular investigation
22A.—(1)  The Authority may investigate the manufacturing process of any manufacturer of any approved gaming equipment.
(2)  In investigating the manufacturing process under paragraph (1), the Authority shall consider whether ––
(a)the manufacturing process is consistent with the representations made by the manufacturer in any application for approval of gaming equipment under these Regulations; and
(b)the conditions of approval for any class of approved gaming equipment have been complied with by the manufacturer.
(3)  The Authority, its officer or its agent may, for the purposes of an investigation under paragraph (1), inspect any premises in Singapore or elsewhere where the manufacturer of approved gaming equipment is carrying on business.
(4)  The Authority, its officer or its agent shall not be liable to pay any person any fee, charge or expense on account of any inspection under paragraph (3).
(5)  Where any manufacturer of approved gaming equipment, without reasonable excuse, refuses to permit the Authority, its officers or its agents to inspect its premises under paragraph (3), the Authority may revoke the approval of any gaming equipment or any component thereof which is the subject of the inspection.
(6)  The Authority may give a written notice to the manufacturer of approved gaming equipment of the estimated cost of the investigation under paragraph (1) and require the manufacturer to pay such estimated cost to the Authority within such period as may be specified in the notice.
(7)  At the conclusion of the investigation under paragraph (1), the Authority shall certify the actual cost of the investigation, and shall ––
(a)where the actual cost of investigation is lower than the amount paid under paragraph (6), refund the excess without interest to the manufacturer who paid the estimated cost; or
(b)where the actual cost of investigation is higher than the amount paid under paragraph (6), by a written notice, require the manufacturer to reimburse the Authority the excess within such period as may be specified in the notice.
(8)  In this regulation, “manufacturing process” includes the following processes and procedures relating to the manufacture of gaming equipment:
(a)the procurement of any materials, services, machinery or equipment in connection with the manufacture of gaming equipment;
(b)the design, manufacture, modification, repair or testing of gaming equipment;
(c)measures relating to the quality control of gaming equipment; or
(d)the storage or delivery of gaming equipment intended for use in any casino, including any security measures for such storage or delivery.”.
Amendment of regulation 23
21.  Regulation 23 of the principal Regulations is amended by deleting paragraphs (1) and (2) and substituting the following paragraphs:
(1)  Where any approved class of gaming equipment or any component of any gaming equipment of that class —
(a)does not comply with any technical standards or any other requirements in notices given by the Authority applicable to it, or any conditions imposed by the Authority;
(b)has been modified without the prior written approval or waiver of the Authority under regulation 22; or
(c)has failed to function in a manner in which it was designed or programmed to function,
the Authority may, subject to paragraph (2), revoke the approval of the class of gaming equipment or the component thereof for use in a casino.
(2)  The Authority shall not revoke any approval of a class of gaming equipment or the component thereof unless the Authority first served on the casino operator a notice in writing giving the casino operator an opportunity to show cause within a specified period why the approval should not be revoked.”.
Amendment of regulation 24
22.  Regulation 24(1) of the principal Regulations is amended —
(a)by inserting, immediately after sub-paragraph (a), the following sub-paragraph:
(aa)any gaming equipment with any component revoked by the Authority under regulation 23;”; and
(b)by deleting the word “permission” in sub-paragraph (d) and substituting the words “written approval or waiver”.
New Part IIIA
23.  The principal Regulations are amended by inserting, immediately after regulation 24, the following Part:
PART IIIA
TESTING SERVICES
Application to be approved test service provider
24A.—(1)  For the purposes of section 103A of the Act, any person intending to provide any service to test any gaming equipment for use in any casino may apply to the Authority to be an approved test service provider in such form as the Authority may, from time to time provide, which must be accompanied by —
(a)the appropriate application fee as specified in the First Schedule, which fee is not refundable;
(b)the disclosure of corporate or individual information in the form as provided by the Authority relating to the applicant and such associate of the applicant as the Authority may specify;
(c)information on every test facility at which the applicant proposes to test gaming equipment for use in any casino;
(d)a written statement from the applicant, in such form as the Authority may require, attesting to the impartiality and independence from direction and control of any person in the gaming equipment industry in Singapore or elsewhere of the applicant, its associates and its employees; and
(e)such other documents as the Authority may require to determine the particular application.
(2)  The Authority shall, on receiving an application under paragraph (1), cause to be carried out all such investigations and inquiries in relation to the applicant as it considers necessary to enable it to consider the application properly and, in particular, may —
(a)investigate the applicant and any person whose association with the applicant is, in the opinion of the Authority, relevant to the application, in relation to the applicant’s suitability to be an approved test service provider; and
(b)require the applicant or any person whose association with the applicant is, in the opinion of the Authority, relevant to the application to ––
(i)provide such information or produce such record relevant to the investigation of the application as may be necessary; or
(ii)furnish such authorisation or consent as the Authority may direct for the purpose of enabling the Authority to obtain information (including financial or other confidential information) concerning the person and his associates from other persons.
(3)  The Authority may refuse to consider an application under paragraph (1) if ––
(a)the application is incomplete;
(b)any person refuses to allow the investigation or fails to comply with any requirement of the Authority under paragraph (2) in respect of that application; or
(c)the application fee or the estimated costs of investigation required under regulation 26A(2) are not paid.
Determination of application
24B.—(1)  For the purpose of determining whether an applicant is suitable to be an approved test service provider, the Authority shall have regard to whether —
(a)the applicant or any associate of the applicant is of good repute, having regard to character, honesty and integrity;
(b)the applicant or any associate of the applicant is of sound and stable financial background;
(c)the applicant has sufficient technical capability to test any gaming equipment for compliance with technical standards and other requirements issued by the Authority under these Regulations in relation to gaming equipment;
(d)the applicant or any associate of the applicant has any business association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources;
(e)the suitability of each director, partner, executive officer and any other officer of the applicant or person determined by the Authority to be associated or connected with the ownership, administration or management of the operations or business of the applicant supplying testing services in relation to any gaming equipment to act in that capacity;
(f)the applicant or any associate of the applicant has any undesirable or unsatisfactory financial resources; or
(g)the applicant or any associate of the applicant has a consistent track record of compliance with the legal and regulatory requirements applicable to it, whether in relation to its business as a provider of testing services or otherwise and whether in Singapore or elsewhere.
(2)  The Authority may, if it is satisfied that the applicant is suitable having regard to the matters in paragraph (1), by a letter issued to the applicant approve the applicant to be an approved test service provider subject to such conditions (including conditions designating any test facilities where testing services can be carried out) as the Authority may impose.
Approved List of approved test service providers
24C.  The Authority shall maintain an Approved List of approved test service providers, which it may publish on its official website from time to time.
Duties of approved test service provider
24D.—(1)  Every approved test service provider shall comply with all of the following duties:
(a)notify the Authority in writing of the happening of any of the matters set out in the Third Schedule, as soon as practicable and, in any event, no later than 14 days after the event has occurred;
(b)when requested by the Authority to do so —
(i)provide to the Authority such information as the Authority may specify;
(ii)produce such records as the Authority may specify and permit the Authority to examine the records, take extracts from them and make copies of them; and
(iii)furnish such authorisation or consent as the Authority may direct for the purpose of enabling the Authority to obtain information (including financial and other confidential information) concerning the person and his associates from other persons;
(c)attend before the Authority or an inspector in relation to any matters relevant to its approval as an approved test service provider, or to other matters specified by the Authority, and to answer questions relating to those matters.
(2)  Every approved test service provider shall, in addition, comply with all of the following requirements:
(a)maintain its accreditation by such professional accreditation organisation as the Authority may specify by a notice in writing to be published on the official website of the Authority;
(b)provide such written undertakings as may be required by the Authority in furtherance of the objectives of these Regulations;
(c)ensure that it meets any codes of practice, performance standards or other requirements given by the Authority in relation to the testing services provided by it under these Regulations;
(d)attend periodic meetings with the Authority when requested to do so;
(e)where the approved test service provider has no place of business in Singapore, notify the Authority of an address in Singapore for the service of any notice, order or legal process and a person or persons authorised to accept service on its behalf;
(f)ensure that it does not assign, delegate, sub-contract or engage any person not directly employed by the approved test service provider to carry out the testing of gaming equipment without the prior written approval of the Authority;
(g)permit the Authority, its officers or agents to inspect any premises in Singapore or elsewhere where the approved test service provider carries on business, (including but not limited to the test facilities of the approved test service provider) for the purposes of an investigation under regulation 24H.
(3)  The Authority, its officers or its agents shall not be liable to pay any person any fee, charge or expense on account of any inspection under paragraph (2)(g).
(4)  If any approved test service provider fails to comply with any of the requirements under this regulation, the Authority may, by notice in writing, require the approved test service provider to rectify the failure or take such other corrective action within a specified time as the Authority may determine.
Approved test service provider to comply with performance standards and other requirements
24E.—(1)  Subject to paragraph (3), all approved test service providers shall comply with such codes of practice or performance standards as may be issued or approved by the Authority under section 200A of the Act which relate to testing services in relation to any gaming equipment and any other requirements set out in notices under paragraph (2).
(2)  The Authority may, from time to time, by notice in writing given to an approved test service provider, require that any approved test service provider must comply with certain requirements, including but not limited to requirements as to the integrity of test services and the calibration of test facilities.
(3)  The Authority may, on the application of an approved test service provider, modify or waive any provision of the codes of practice, performance standards or requirements in notices under paragraph (2), subject to such conditions as the Authority may impose.
Validity period of approval
24F.  Any approval granted by the Authority under regulation 24B(2) shall be valid for a period of 5 years or such shorter period as the Authority may specify in the approval in a particular case.
Renewal of approval
24G.—(1)  Regulations 24A to 24F shall apply, with the necessary modifications and subject to this regulation, to an application to renew the term of approval for any test service provider.
(2)  Any application to renew an approval for any test service provider must be —
(a)submitted to the Authority no later than 6 months before the date of expiry of the approval; and
(b)accompanied by the relevant renewal fee specified in the First Schedule, which fee is not refundable.
(3)  If an application to renew an approval is submitted to the Authority less than 6 months before the date of expiry of the approval, the application must, in addition to the renewal fee, be accompanied by the relevant late application fee specified in the First Schedule, which fee is not refundable.
(4)  If a requirement under this regulation is not complied with, the Authority may refuse to consider the application.
Regular investigation of suitability and technical capability
24H.  The Authority may, from time to time, investigate ––
(a)an approved test service provider; or
(b)any person who, in the opinion of the Authority, is an associate of an approved test service provider,
to determine whether the approved test service provider is suitable to continue as an approved test service provider based on the criteria specified in regulation 24B(1).
On-going monitoring of associates and others
24I.—(1)  The Authority may, from time to time, inquire into —
(a)an associate, or a person likely to become an associate, of an approved test service provider; or
(b)any person, body or association having a business association with a person referred to in sub-paragraph (a).
(2)  In particular, the Authority shall consider whether there is any information that an associate, or a person likely to become an associate, of an approved test service provider —
(a)is not of good repute, having regard to character, honesty and integrity;
(b)is not of sound and stable financial background;
(c)has any undesirable or unsatisfactory financial resources;
(d)has any business association with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; or
(e)does not have a consistent track record of compliance with the legal and regulatory requirements applicable to it, whether in relation to its business as a provider of test services or otherwise and whether in Singapore or elsewhere.
(3)  An approved test service provider shall notify the Authority in writing that a person is likely to become an associate of the approved test service provider as soon as practicable after the approved test service provider becomes aware of the likelihood.
(4)  The Authority may, by notice in writing, require a person referred to in paragraph (1)(a) or (b) —
(a)to provide the Authority, in accordance with directions in the notice, with such information relevant to the approved test service provider or the first-mentioned person’s association with the approved test service provider, or with such information as the Authority requires, as is specified in the notice;
(b)to produce to the Authority, in accordance with the directions in the notice, such records relevant to the approved test service provider or that association, or to matters specified by the Authority, as may be specified in the notice and to permit the Authority to examine the records, take extracts from them and make copies of them; or
(c)to attend before the Authority for examination in relation to any matter relevant to the approved test service provider or that association, or to matters specified by the Authority, and to answer questions relating to those matters.
(5)  If records are produced under this regulation, the Authority may retain possession of the records for such period as may reasonably be necessary for inquiries to be carried out.
(6)  At any reasonable time during the period for which records are retained, the Authority shall permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the Authority.
(7)  The Authority may —
(a)require an associate or a person likely to become an associate of the approved test service provider to consent to having his photograph, finger prints and palm prints taken; and
(b)send a copy of such photograph, finger prints and palm prints, and any supporting documents to the Commissioner of Police.
(8)  The Commissioner of Police or any police officer authorised by the Commissioner shall inquire into and report to the Authority on such matters concerning the associate, or the person likely to become an associate, of the approved test service provider as the Authority requests.
(9)  If the Authority determines that an associate of an approved test service provider has engaged or is engaging in conduct that, in the Authority’s opinion, is unacceptable for a person who is concerned in or associated with the ownership, management or operation of the business of the approved test service provider in providing testing services in relation to gaming equipment, the Authority may give written notice to the associate that the conduct is unacceptable.
(10)  If ––
(a)the Authority having regard to the matters referred to in paragraph (2), determines that an associate of an approved test service provider is unsuitable to be concerned in or associated with the business of the approved test service provider in providing testing services in relation to gaming equipment; or
(b)the associate continues with the conduct referred to in paragraph (9),
the Authority may, by notice in writing, direct the approved test service provider to take all reasonable steps to terminate the association and the approved test service provider shall comply with the direction within 14 days after receiving the notice or any longer period agreed with the Authority.
Voluntary withdrawal from Approved List
24J.—(1)  An approved test service provider may, in writing to the Authority, request to discontinue as an approved test service provider.
(2)  The Authority may refuse to allow the request under paragraph (1) if ––
(a)any action commenced by the Authority under regulation 24K, or any investigation which may result in such action, against the approved test service provider is pending; or
(b)any investigation by the Authority in respect of any gaming equipment tested by the approved test service provider is pending.
Removal from Approved List by Authority
24K.—(1)  Where any approved test service provider —
(a)is, for specified reasons, considered by the Authority to be no longer suitable to continue to be an approved test service provider;
(b)fails to comply with regulation 24D(1) or (2), or a written notice issued under regulation 24D(4);
(c)is convicted of any offence under the Act or any regulations made thereunder;
(d)fails to provide testing services in accordance with the statement of independence provided by it to the Authority under regulation 24A(1)(d);
(e)fails to comply with regulation 24I(3) or (10); or
(f)fails to comply with the written notice of the Authority under regulation 26B(1),
the Authority may take any of the following actions:
(i)issue a letter of censure to the approved test service provider;
(ii)suspend its approval for the approved test service provider for a specified period not exceeding 6 months or suspend its approval for the approved test service provider to carry on testing services at such test facilities as may be specified by the Authority, for a specified period not exceeding 6 months;
(iii)cancel its approval for the approved test service provider or cancel its approval for the approved test service provider to carry on testing services at such test facilities as may be specified by the Authority.
(2)  The Authority shall, before taking any action under paragraph (1), serve on the approved test service provider a notice in writing giving the person an opportunity to show cause within 14 days, or such longer period as the Authority may allow on application by the approved test service provider, why action should not be taken under that paragraph.
(3)  The approved test service provider may, within the period allowed under paragraph (2), make submissions to the Authority as to why the action should not be taken and the Authority shall consider any submissions so made.
(4)  The Authority may, if the approved test service provider fails to show cause within the period allowed by the Authority or fails to show sufficient cause, by notice in writing given to the approved test service provider, take such action in paragraph (1)(i), (ii) or (iii) against that person as the Authority sees fit.
(5)  The suspension or cancellation of approval under this regulation shall take effect when the notice under paragraph (4) is given or on such later date as may be specified in the notice.
(6)  While any approved test service provider is suspended under this regulation, it shall not, for the purposes of these Regulations, be regarded as an approved test service provider, as the case may be, during the period of its suspension.”.
Amendment of regulation 25
24.  Regulation 25 of the principal Regulations is amended —
(a)by inserting, immediately after the words “a description of” in paragraph (1)(b), the words “the linked jackpot arrangement, including all the gaming machines and”;
(b)by inserting, immediately after paragraph (1), the following paragraph:
(1A)  The application under paragraph (1) must be accompanied by the appropriate application fee specified in the First Schedule, which fee is not refundable.”;
(c)by inserting, immediately after paragraph (2), the following paragraph:
(2A)  The Authority may refuse to consider an application under paragraph (1) if ––
(a)the application is incomplete; or
(b)the application fee is not paid.”; and
(d)by deleting the words “thinks fit” in paragraph (3) and substituting the words “may impose”.
New regulations 25A and 25B
25.  The principal Regulations are amended by inserting, immediately after regulation 25, the following regulations:
Modification of linked jackpot arrangement
25A.—(1)  No person shall modify, or permit any modification of, an approved linked jackpot arrangement, unless the person has obtained the prior written approval of the Authority for the modification.
(2)  Regulation 25 shall apply, with the necessary modifications, to an application for approval under paragraph (1) as it does to an application for approval under regulation 25(1).
(3)  The Authority may waive the requirement to apply for approval under paragraph (1) if the Authority is of the opinion that the modification is minor having regard to bet limits, game integrity or security.
(4)  Any person who contravenes paragraph (1) shall ––
(a)in the case of a casino operator, be liable to disciplinary action under section 54 of the Act; and
(b)in the case of any other person, 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.
Decommissioning of linked jackpot arrangement
25B.—(1)  No person shall decommission any approved linked jackpot arrangement, unless it has obtained the prior written approval of the Authority for the decommission.
(2)  An application for approval of the Authority for the decommission of the approved linked jackpot arrangement must contain ––
(a)a detailed description of how the linked jackpot arrangement had performed up to the date of application, including the actual return to player percentage and treatment of accumulated money upon termination of the linked jackpot arrangement;
(b)a description of the linked jackpot arrangement, including all the gaming machines and all the linked jackpot equipment that had been used in connection with the linked jackpot arrangement; and
(c)such other information as the Authority may require.
(3)  The application under paragraph (2) must be accompanied by the appropriate application fee specified in the First Schedule, which fee is not refundable.
(4)  The Authority may refuse to consider an application under paragraph (2) if ––
(a)the application is incomplete; or
(b)the application fee is not paid.
(5)  The Authority may approve the decommission of any approved linked jackpot arrangement, subject to such conditions as the Authority may impose.
(6)  Any person who contravenes paragraph (1) shall ––
(a)in the case of a casino operator, be liable to disciplinary action under section 54 of the Act; and
(b)in the case of any other person, 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.”.
New Part IVA
26.  The principal Regulations are amended by inserting, immediately after regulation 26, the following Part:
PART IVA
PROVISIONS AS TO COSTS
Costs of investigation of applications to be borne by applicant
26A.—(1)  The costs of investigation of an application by any relevant person shall be borne by the applicant or each applicant in the group of applicants (in the case of a consolidated application, if applicable).
(2)  The Authority may give a written notice to the applicant or group of applicants of the estimated costs of investigation and require the applicant or group of applicants to pay such estimated costs to the Authority within such period as may be specified in the notice.
(3)  At the conclusion of the investigation into the application or if the application is withdrawn, the Authority shall certify the actual costs of investigation of the application, and shall ––
(a)where the actual costs of investigation are lower than the amount paid under paragraph (2), refund the excess without interest to the person who paid the estimated costs; or
(b)where the actual costs of investigation are higher than the amount paid under paragraph (2), by a written notice, require the person to reimburse the Authority the excess within such period as may be specified in the notice.
(4)  The certificate of the Authority stating the actual costs of the investigation under paragraph (3) shall be conclusive evidence of such amount.
(5)  In this regulation, “relevant person” means ––
(a)any person who submits an application to be an approved manufacturer or an approved supplier; or
(b)any person who submits an application to be an approved test service provider.
Costs of investigation of suitability to be borne by approved manufacturer, approved supplier or approved test service provider
26B.—(1)  For the purpose of meeting any costs arising out of any investigation in connection with the continuing suitability of any approved manufacturer, approved supplier or approved test service provider, the Authority may, from time to time, give a written notice to the approved manufacturer, approved supplier or approved test service provider (as the case may be) to pay such estimated costs to the Authority within such period of time as may be specified in the notice.
(2)  Regulation 26A(3) and (4) shall apply, with the necessary modifications and subject to this regulation, to any costs of investigation of suitability under paragraph (1) as it does to the costs of investigation of application under regulation 26A(1).”.
Amendment of regulation 27
27.  Regulation 27 of the principal Regulations is amended —
(a)by deleting the word “or” at the end of paragraph (1)(a)(i);
(b)by inserting, at the end of paragraph (1)(a)(ii), the word “or”;
(c)by inserting, immediately after sub-paragraph (ii) of paragraph (1)(a), the following sub-paragraph:
(iii)which approval or any component thereof has been revoked under regulation 16;”;
(d)by inserting, immediately after sub-paragraph (b) of paragraph (1), the following sub-paragraph:
(ba)being gaming equipment, which approval or any component thereof has been revoked under regulation 23;”;
(e)by deleting the word “permission” in paragraph (1)(c) and substituting the words “written approval or waiver”;
(f)by deleting the words “or until the inspector is satisfied that corrective action has been taken in respect of that gaming equipment; and” in paragraph (1)(A) and substituting a semi-colon;
(g)by deleting sub-paragraph (B) of paragraph (1) and substituting the following sub-paragraphs:
(B)require the casino operator to take such corrective action as may be necessary to ensure that the gaming equipment complies with these Regulations; or
(C) if necessary for the purpose of investigating any suspected contravention of any provision of the Act or regulations made thereunder, seize the gaming equipment or any part thereof.”; and
(h)by deleting paragraph (2) and substituting the following paragraph:
(2)  Where the Authority is of the opinion that the manufacturing process of the manufacturer of gaming equipment is inconsistent with the representations made by it in any application for approval of that gaming equipment, the Authority may stop the use of any gaming equipment or any component thereof provided by that manufacturer.”.
New regulation 28
28.  The principal Regulations are amended by inserting, immediately after regulation 27, the following regulation:
Variation of conditions, etc.
28.—(1)  The Authority may at its discretion vary or revoke any condition imposed by the Authority under these Regulations, or impose a new condition.
(2)  The Authority shall not vary or revoke any condition, or impose a new condition, unless the Authority has first served on the person who has been imposed with the condition by the Authority a notice in writing, giving the person an opportunity to show cause within a specified period why the condition should not be varied or revoked, or why a new condition should not be imposed, as the case may be.
(3)  The Authority may, after considering any submissions made by the person referred to in paragraph (2), vary or revoke the condition, or impose a new condition, and give the person written notice thereof.
(4)  Any variation or revocation of a condition or imposition of a new condition shall take effect when the notice under paragraph (3) is given or on such later date as may be specified in the notice.”.
Deletion and substitution of First Schedule
29.  The First Schedule to the principal Regulations is deleted and the following Schedule substituted therefor:
FIRST SCHEDULE
Regulations 3(3)(a), 14(2)(a), 21(2)(a), 24A(1)(a), 24G(2)(b) and (3), 25(1A) and 25B(3)
Fees
1.For an application for approval as —
 
 
(a)an approved manufacturer
 
$800
(b)an approved supplier
 
$800
2.For an application for approval of a class of gaming machines
 
$290 per class of gaming machines
3.For an application for approval of a class of gaming equipment
 
$290 per class of gaming equipment
4.For an application for approval as an approved test service provider
 
$1,300
5.For an application to renew the approval as an approved test service provider
 
$980
6.For a late application to renew the approval as an approved test service provider
 
$320
7.For an application for approval of a linked jackpot arrangement
 
$550 per linked jackpot arrangement
8.For an application for decommission of a linked jackpot arrangement
 
$550 per linked jackpot arrangement
9.For an application for approval of a modification of an approved linked jackpot arrangement
 
$550 per linked jackpot arrangement
Note:
Items 1 to 9 may be subject to such goods and services tax as is payable under the Goods and Services Tax Act (Cap. 117A).
”.
New Third Schedule
30.  The principal Regulations are amended by inserting, immediately after the Second Schedule, the following Schedule:
THIRD SCHEDULE
Regulation 24D(1)(a)
Matters Which Approved Test Service Provider Must Notify Authority
1.  Any change in its name, registered address, business address, address for service or legal status.
2.  Any change in its associates, including but not limited to any director, secretary, chief executive officer, chief financial officer, chief operating officer, chief technology officer or person of equivalent position or who is part of its management.
3.  Any change in its legal or corporate structure.
4.  The commencement in any jurisdiction (whether in Singapore or elsewhere) of ––
(a)any investigation into its affairs, or civil or criminal legal proceedings or disciplinary action against it by any regulator or law enforcement agency, and details of the outcome or findings thereof; or
(b)any litigation to which it is a party or joined as co-defendant or third party, and details of the outcome thereof.
5.  The commencement in any jurisdiction (whether in Singapore or elsewhere) of winding-up or liquidation proceedings, the appointment of a receiver, judicial manager or other controller or administrator, or the entry into a formal or informal scheme of arrangement in respect of the approved test service provider.
6.  The refusal or withdrawal of its accreditation status, or any other matter related to its accreditation status in any jurisdiction (whether in Singapore or elsewhere).
7.  The detection or reporting of any complaint, discrepancy or adverse feedback relating to the integrity of the testing and calibration of any of the approved test service provider’s test facilities whether resulting from testing done by it in any jurisdiction (whether in Singapore or elsewhere).”.
Transitional and savings provisions
31.—(1)  Notwithstanding anything in these Regulations, any person, who immediately before 31st January 2013 has been recognised by the Authority as a recognised testing laboratory under the Singapore Recognised Testing Laboratory Scheme, may continue to test gaming machines and electronic monitoring systems for use in a casino for a period of 2 months starting from that date, and if before the expiry of that period the person applies to the Authority to be an approved test service provider, until —
(a)the date on which the Authority approves the person’s application to be an approved test service provider; or
(b)the date that application is refused or withdrawn.
(2)  Except as otherwise provided in paragraph (1), the Singapore Recognised Testing Laboratory Scheme shall cease on 31st January 2013.
(3)  In this regulation —
“recognised testing laboratory” means a testing laboratory recognised by the Authority under the Singapore Recognised Testing Laboratory Scheme;
“Singapore Recognised Testing Laboratory Scheme” means the scheme, as set out in the website of the Authority at http://app.cra.gov.sg/public/www/content.aspx?sid=66, administered by the Authority to recognise testing laboratories which would be eligible to test gaming machines and electronic monitoring systems for use in casinos in Singapore.
(4)  These Regulations shall not apply to any inquiry, investigation or other proceedings commenced 31st January 2013 and the principal Regulations shall continue to apply to that inquiry, investigation or proceedings as if these Regulations had not been enacted.
(5)  Nothing in this regulation shall be taken as prejudicing section 16 of the Interpretation Act (Cap. 1).
[G.N. No. S 464/2011]
Made this 30th day of January 2013.
RICHARD MAGNUS
Chairman,
Casino Regulatory Authority of Singapore.
[CRA 206.02.00009; AG/LLRD/SL/33A/2010/16 Vol. 1]