Casino Control (Licensing of Special Employees) (Amendment) Regulations 2018

No. S 115

Casino Control Act

(CHAPTER 33A)

Casino Control
(Licensing of Special Employees)
(Amendment) Regulations 2018

In exercise of the powers conferred by section 200 of the Casino Control Act, the Casino Regulatory Authority of Singapore, with the approval of the Minister for Home Affairs, makes the following Regulations:

Citation and commencement

1. These Regulations are the Casino Control (Licensing of Special Employees) (Amendment) Regulations 2018 and come into operation on 1 May 2018.

Amendment of regulation 2

2. Regulation 2 of the Casino Control (Licensing of Special Employees) Regulations 2009 (G.N. No. S 415/2009) (called in these Regulations the principal Regulations) is amended —

(a)	by deleting the words “by the employer of that applicant or licensee, certifying” in the definition of “certificate of competence” and substituting the words “that certifies”; and
(b)	by deleting the definition of “employer”.

Deletion and substitution of regulation 4

3. Regulation 4 of the principal Regulations is deleted and the following regulation substituted therefor:

“Prohibited persons

4. For the purposes of section 81(3) of the Act, the following persons are ineligible to apply for a licence:

(a)	a person below 21 years of age;
(b)	a person who is subject to an exclusion order under section 120, 121 or 122 of the Act;
(c)	a person who is subject to a family exclusion order, provisional family exclusion order or exclusion order under Part X of the Act;
(d)	a person who is excluded under section 165A(1) of the Act, and not exempt by an order made under section 165A(1A) of the Act.”.

Amendment of regulation 5

4. Regulation 5 of the principal Regulations is amended by inserting, immediately after paragraph (2), the following paragraph:

“(2A) Despite paragraph (2), a licensee must not exercise any function authorised by the licence unless the licensee has been issued a certificate of competence by the casino operator of the casino specified in his licence in relation to that function, and the casino operator has not withdrawn the certificate of competence.”.

Deletion of regulations 6 and 7 and substitution of regulation 6

5. Regulations 6 and 7 of the principal Regulations are deleted and the following regulation substituted therefor:

“Application for special employee licence

6.—(1) An application for a Category A, Category B or Category C1 licence may be made only by a casino operator (or a person intending to apply for a casino licence) on behalf of an applicant who is to exercise any function authorised by such a licence in or in relation to the casino of the casino operator (or the person intending to apply for a casino licence), as the case may be.

(2) An application under paragraph (1) must be accompanied by a certificate of competence by the casino operator (or the person intending to apply for a casino licence), as the case may be, for the applicant to exercise that function.

(3) An application for a Category C2 licence may be made by —

(a)	an applicant who is to exercise in or in relation to a casino any function authorised by a Category C2 licence; or
(b)	any person on behalf of an applicant.

(4) An application under paragraph (3) for a Category C2 licence must be accompanied by —

(a)	a certificate of competence by the casino operator (or the person intending to apply for a casino licence) in or in relation to whose casino the applicant is to exercise a function authorised by the licence, for the applicant to exercise that function; and
(b)	an endorsement of the applicant by that casino operator (or person intending to apply for a casino licence).

(5) Every application under paragraphs (1) and (3) and the documents required under paragraphs (2) and (4) must be submitted using the relevant application form issued by the Authority ––

(a)	in such electronic form and by such electronic means as the Authority may provide;
(b)	if there is a malfunction of the electronic form mentioned in sub‑paragraph (a), in paper form accompanied by an electronic copy thereof to the office of the Authority; or
(c)	in such other manner as the Authority may specify in any particular case.

(6) To avoid doubt, where an applicant wishes to exercise in or in relation to more than one casino any function of a special employee, an application for a special employee licence must be submitted for each of those casinos.”.

Amendment of regulation 8

6. Regulation 8 of the principal Regulations is amended —

(a)

by deleting the words “or 7” in paragraphs (2) and (3);

(b)

by deleting the word “or” at the end of paragraph (3)(b); and

(c)

by deleting the full‑stop at the end of sub‑paragraph (c) of paragraph (3) and substituting a semi‑colon, and by inserting immediately thereafter the following sub‑paragraphs:

“(d)	the applicant, or any other person who makes the application, refuses to provide any information required by the Authority under section 84 of the Act; or
(e)	the application is not made in accordance with regulation 6(5).”.

Amendment of regulation 9

7. Regulation 9 of the principal Regulations is amended —

(a)

by deleting the words “shall be borne by the employer making the application” in paragraph (1) and substituting the words “are to be borne by the person making the application”;

(b)

by deleting the words “the employer” in paragraph (2)(a) and (b) and substituting in each case the words “the person making the application”;

(c)

by deleting paragraph (4) and substituting the following paragraph:

“(4) When the person making the application notifies the Authority in writing that the person does not intend to make any further application for a licence or renewal of a licence, the Authority must refund the remaining sum of the deposit under paragraph (2) without interest to that person.”; and

(d)

by deleting the words “to be borne by employers” in the regulation heading.

Deletion of regulation 10

8. Regulation 10 of the principal Regulations is deleted.

Deletion and substitution of regulations 11 and 12

9. Regulations 11 and 12 of the principal Regulations are deleted and the following regulations substituted therefor:

“Issue of licence

11. A licence granted by the Authority to a licensee authorises the licensee to exercise any function authorised by the licence only in or in relation to the casino specified in the licence.

Duration of licence, etc.

12.—(1) Subject to paragraphs (2) and (3), a licence is valid for 3 years or such shorter period as the Authority may specify in the licence.

(2) A Category A, Category B or Category C1 licence (whether issued before, on or after 1 May 2018) ceases to be valid —

(a)	if the licensee is an employee of the casino operator of the casino specified in the licence, when the licensee ceases to be employed by the casino operator; or
(b)	when the casino operator of the casino specified in the licence notifies the Authority in such form and manner as the Authority may specify, that it no longer requires the licensee to exercise any function authorised by the licence in or in relation to the casino operator’s casino.

(3) A Category C2 licence issued on or after 1 May 2018 ceases to be valid when the casino operator of the casino specified in the licence notifies the Authority in writing that the casino operator has withdrawn its endorsement of the licensee mentioned in regulation 6(4)(b).

(4) A licence is not transferable.”.

Amendment of heading to Part IV

10. Part IV of the principal Regulations is amended by deleting the word “EMPLOYERS” in the Part heading and substituting the words “CASINO OPERATORS”.

Amendment of regulation 14

11. Regulation 14 of the principal Regulations is amended by deleting the words “the licensees in its employ or to provide such information relevant to the licensees as the Authority may specify” and substituting the words “any licensee who is authorised by his licence to perform any function in or in relation to the casino operator’s casino, or to provide such information relevant to the licensee, in such form and manner, as the Authority may require”.

Deletion of regulations 15, 16 and 17

12. Regulations 15, 16 and 17 of the principal Regulations are deleted.

Amendment of regulation 18

13. Regulation 18 of the principal Regulations is amended —

(a)	by deleting the words “its employee” in paragraphs (1)(a) and (3)(b) and substituting in each case the words “the licensee”; and
(b)	by inserting, immediately after the words “certificate of competence” in paragraph (2)(b), the words “by the casino operator”.

Amendment of regulation 19

14. Regulation 19 of the principal Regulations is amended —

(a)

by deleting paragraph (1) and substituting the following paragraphs:

“(1) An application to renew a licence that is a Category A, Category B or Category C1 licence may only be made by the casino operator of the casino specified in the licence.

(1A) An application to renew a licence that is a Category C2 licence may be made by either —

(a)	the licensee; or
(b)	any person on behalf of the licensee.

(1B) An application mentioned in paragraph (1) must be accompanied by a certificate of competence issued by the casino operator, unless paragraph (4) applies.

(1C) An application mentioned in paragraph (1A) must be accompanied by —

(a)	a certificate of competence issued by that casino operator, unless paragraph (4) applies; and
(b)	an endorsement of the licensee by the casino operator of the casino specified in the licence.

(1D) An application to renew a licence under paragraph (1) or (1A) must be made —

(a)	in such electronic form and by such electronic means as the Authority may provide;
(b)	if there is a malfunction of the electronic form mentioned in sub‑paragraph (a), in paper form accompanied by an electronic copy thereof to the office of the Authority; or
(c)	in such other manner as the Authority may specify in any particular case.”; and

(b)

by deleting paragraph (4) and substituting the following paragraph:

“(4) An application for the renewal of a licence need not be accompanied by a certificate of competence by the casino operator of the casino specified in the licence if —

(a)	the casino operator has previously issued a certificate of competence certifying that the licensee is competent to exercise the functions which are authorised by the licence that is being renewed, and the casino operator has not withdrawn the certificate of competence; and
(b)	the licensee is not proposing to perform a new function for which no certificate of competence has previously been submitted for the licensee.”.

Deletion of Third Schedule

15. The Third Schedule to the principal Regulations is deleted.

Saving and transitional provisions

16.—(1) An application for a Category A, Category B or Category C1 licence, or for a renewal of any such licence, made before 1 May 2018 under regulation 6(1) or 19 of the principal Regulations as in force immediately before that date, and pending on that date, is to be treated as an application for a Category A, Category B or Category C1 licence made under regulation 6(1), or a renewal of such licence under regulation 19(1), of the principal Regulations as amended by these Regulations.

(2) Where an application for a Category C2 licence, or for a renewal of such licence is made before 1 May 2018 under regulation 7(1) or 19 of the principal Regulations as in force immediately before that date and is pending on that date (called in this regulation the pending application), the Authority may —

(a)	refuse to consider the pending application; and
(b)	refund the fees paid for the pending application.

(3) The holder of an existing Category C2 licence may continue to perform his functions under that licence in accordance with regulations 5, 11 and 12 of the principal Regulations as in force immediately before 1 May 2018, but only until —

(a)	31 October 2018;
(b)	any earlier date on which the existing Category C2 licence is cancelled or surrendered, or expires; or
(c)	if, before 31 October 2018 or any earlier date on which the existing Category C2 licence expires (as the case may be) an application for a new Category C2 licence is made by or for the holder of the existing Category C2 licence, the date the new Category C2 licence is issued or the application is refused or withdrawn.

(4) Despite regulation 8(1) of, and item 1(d) of the Second Schedule to, the principal Regulations, no fee is to be charged for an application for a new Category C2 licence mentioned in paragraph (3)(c) that is made by or for the holder of an existing Category C2 licence the expiration date of which, but for paragraph (3), is a date after 31 October 2018.

(5) Regulation 16 of, and the Third Schedule to, the principal Regulations will apply in relation to an existing Category C2 licence as if not amended by these Regulations.

(6) In this regulation —

“existing Category C2 licence” means a Category C2 licence that is subsisting immediately before 1 May 2018;

“new Category C2 licence” means a Category C2 licence applied for under regulation 6(3) of the principal Regulations as amended by these Regulations.

[G.N. Nos. S 465/2011; S 53/2013]

Made on 13 February 2018.

LEE TZU YANG

Chairman,
Casino Regulatory Authority of Singapore.

[CRA 212.24.00024; AG/LEGIS/SL/33A/2015/7 Vol. 1]

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