23. The principal Regulations are amended by inserting, immediately after regulation 24, the following Part:“PART IIIA 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. |
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(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. |
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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. |
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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. |
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(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. |
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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. |
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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. |
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. |
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(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. |
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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). |
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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. |
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(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. |
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(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. |
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(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. |
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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. |
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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.”. |
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