PART II | Division 1 — Approved manufacturers and approved suppliers |
| Application to be approved manufacturer or approved supplier |
| 3.—(1) For the purposes of section 103(1)(a) of the Act, any manufacturer of gaming machines or supplier of gaming machines which intends to manufacture or supply gaming machines for use in any casino may apply to the Authority to be an approved manufacturer or approved supplier. [S 64/2013 wef 31/01/2013] | (2) A consolidated application may be submitted on behalf of a group of corporations, consisting of related corporations within the meaning of section 6 of the Companies Act 1967, for each corporation named in the application (each considered an applicant for the purpose of this Part) to be listed on the Approved List as an approved manufacturer or approved supplier. [S 643/2022 wef 31/12/2021] |
(3) Every application under paragraph (1) or (2) shall be submitted in such form and manner as the Authority may provide and shall be accompanied by —| (a) | the appropriate application fee specified in the First Schedule, which fee is not refundable; | | (b) | the disclosure of corporate or individual information in the form provided by the Authority for the applicant or each applicant (in the case of a consolidated application) and such associates of the applicant or applicants as the Authority may specify; and | | (c) | such other documents as the Authority may require to determine the application. |
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(4) The Authority shall, on receiving an application under paragraph (1) or (2), cause to be carried out all such investigations and inquiries in relation to the applicant or each applicant (in the case of a consolidated application) 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 person’s suitability to be an approved manufacturer or approved supplier or to be associated therewith; 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 records relevant to the investigation of the application as may be necessary; or | | (ii) | furnish such authorisations or consents 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. |
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(5) The Authority may refuse to consider an application under paragraph (1) or (2) 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 (4) in respect of that application; or | | (c) | the application fee or the estimated costs of investigation required under regulation 26A(2) are not paid. [S 64/2013 wef 31/01/2013] |
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| 4. [Deleted by S 64/2013 wef 31/01/2013] |
| Determination of application |
5.—(1) For the purpose of determining whether an applicant is suitable to be an approved manufacturer or approved supplier, as the case may be, the Authority shall have regard to whether —| (a) | the applicant is of good repute, having regard to character, honesty and integrity; | | (b) | the applicant is of sound and stable financial background; | | (c) | the applicant has sufficient technical capability to manufacture, install, test, inspect, maintain or repair gaming machines in accordance with the technical standards; | | (d) | 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) | each director, partner, executive officer and any other officer 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 is a suitable person to act in that capacity; | | (f) | the applicant has any undesirable or unsatisfactory financial resources; and | | (g) | 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 manufacturer or supplier of gaming machines or otherwise and whether in Singapore or elsewhere. |
| (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). [S 64/2013 wef 31/01/2013] |
| (2) The Authority, if it is satisfied that the applicant is suitable having regard to the matters in paragraphs (1) and (1A) may, by a letter issued to the applicant, approve the applicant to be an approved manufacturer or approved supplier, subject to such conditions as the Authority may impose. [S 64/2013 wef 31/01/2013] |
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| Approved List of approved manufacturers and approved suppliers |
| 6. The Authority shall maintain an Approved List of approved manufacturers and approved suppliers, which it may publish on its official website from time to time. |
| Duties of approved manufacturer and approved supplier |
7.—(1) Every approved manufacturer and approved supplier shall comply with the following duties:| (a) | notify the Authority in writing of any of the matters set out in the Second 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; [S 64/2013 wef 31/01/2013] | | (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 any confidential information) concerning the approved manufacturer or approved supplier, as the case may be, and his associate from any other person; and [S 64/2013 wef 31/01/2013] |
| | (c) | attend before the Authority or an inspector in relation to any matters relevant to its approval as an approved manufacturer or approved supplier, or to other matters specified by the Authority, and to answer questions relating to those matters. |
(2) Every approved manufacturer and approved supplier shall, in addition, comply with the following requirements:| (a) | ensure that every gaming machine manufactured or supplied by it to any casino ––| (i) | has been manufactured to comply with the technical standards applicable to that gaming machine and any other requirements in notices given by the Authority in relation to that gaming machine or class of gaming machines; and | | (ii) | has been approved by the Authority, or is of a class of gaming machines which has been approved by the Authority; [S 64/2013 wef 31/01/2013] |
| | (ab) | provide such written undertaking as may be required by the Authority in furtherance of the objectives of these Regulations; [S 64/2013 wef 31/01/2013] | | (b) | ensure that it meets any performance requirements set by the Authority relating to the performance of the gaming machines manufactured or supplied by it to any casino; [S 64/2013 wef 31/01/2013] | | (c) | attend periodic meetings with the Authority when requested to do so; [S 64/2013 wef 31/01/2013] | | (d) | where the approved manufacturer or approved supplier 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; and [S 64/2013 wef 31/01/2013] | | (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. [S 64/2013 wef 31/01/2013] |
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| (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). [S 64/2013 wef 31/01/2013] |
| (3) If any approved manufacturer or approved supplier fails to comply with any of the requirements under this regulation, the Authority may, by written notice, require the approved manufacturer or approved supplier to rectify the failure or take such other corrective action within a specified time as the Authority may determine. |
| (4) [Deleted by S 64/2013 wef 31/01/2013] |
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| Regular investigation of suitability and technical capability |
8. The Authority may, from time to time, investigate ––| (a) | an approved manufacturer; or [S 64/2013 wef 31/01/2013] | | (b) | an approved supplier, [S 64/2013 wef 31/01/2013] | | (c) | [Deleted by S 64/2013 wef 31/01/2013] |
| to determine whether the approved manufacturer or approved supplier having regard to the matters referred to in regulation 5(1) is suitable to continue as an approved manufacturer or approved supplier. |
[S 64/2013 wef 31/01/2013] |
| 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. |
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| (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. |
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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 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. |
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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 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. |
[S 64/2013 wef 31/01/2013] |
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| Voluntary withdrawal from Approved List |
9.—(1) An approved manufacturer or approved supplier may send a request in writing to the Authority to discontinue as an approved manufacturer or approved supplier.(2) The Authority may refuse to allow the request under paragraph (1) if ––| (a) | any action commenced by the Authority under regulation 10, or any investigation which may result in such action, against the approved manufacturer or approved supplier is pending; or | | (b) | any investigation by the Authority in respect of any gaming machine manufactured or supplied by the approved manufacturer or approved supplier is pending. |
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| Removal from Approved List by Authority |
10.—(1) Where any approved manufacturer or approved supplier —| (a) | is, for specified reasons, considered by the Authority to be no longer suitable to continue to be an approved manufacturer or approved supplier; | | (b) | fails to comply with regulation 7(1) or (2) or a written notice under regulation 7(3); [S 64/2013 wef 31/01/2013] | | (c) | is convicted of any offence under the Act or regulations made thereunder; [S 64/2013 wef 31/01/2013] | | (d) | fails to comply with regulation 8A(3) or (10); or [S 64/2013 wef 31/01/2013] | | (e) | fails to comply with any written notice of the Authority under regulation 26B(1), [S 64/2013 wef 31/01/2013] |
| the Authority may take any of the following actions: |
| (i) | issue a letter of censure to the approved manufacturer or approved supplier; | | (ii) | suspend its approval of the approved manufacturer or approved supplier for a specified period not exceeding 6 months; | | (iii) | cancel its approval of the approved manufacturer or approved supplier. |
| (2) The Authority may, in its discretion, cancel its approval of any approved manufacturer or approved supplier which has had no business dealings with any casino operator for a continuous period of 3 years or more. |
| (3) The Authority shall, before taking any action under paragraph (1) or (2), serve on the approved manufacturer or approved supplier 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 manufacturer or approved supplier, why action should not be taken under that paragraph. [S 64/2013 wef 31/01/2013] |
| (4) The approved manufacturer or approved supplier may, within the period allowed under paragraph (3), make submissions to the Authority as to why the action should not be taken and the Authority shall consider any submissions so made. [S 64/2013 wef 31/01/2013] |
| (5) The Authority may, if the approved manufacturer or approved supplier fails to show cause within the period allowed under paragraph (3) or fails to show sufficient cause, by giving written notice to the approved manufacturer or approved supplier, take such action in paragraph (1)(i), (ii) or (iii) against that person as the Authority sees fit. [S 64/2013 wef 31/01/2013] |
| (6) The suspension or cancellation of approval under this regulation shall take effect when the notice under paragraph (5) is given or on such later date as may be specified in the notice. |
| (7) While any approved manufacturer or approved supplier is suspended under this regulation, it shall not, for the purposes of these Regulations, be regarded as an approved manufacturer or approved supplier, as the case may be, during the period of its suspension. |
| (8) The Authority may lift the suspension of its approval if it is satisfied that corrective action has been duly taken by the approved manufacturer or approved supplier. |
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| Division 2 — Requirements for gaming machines |
| Maximum number of gaming machines in casino |
11.—(1) For the purposes of section 103(1)(d) of the Act, the number of gaming machines available for gaming in a casino must not exceed —| (a) | for the casino operated by Marina Bay Sands Pte. Ltd. — 3,000; and | | (b) | for the casino operated by Resorts World at Sentosa Pte. Ltd. — 2,900. [S 613/2021 wef 17/08/2021] |
[S 676/2019 wef 07/10/2019] | (2) Each player terminal or device of an electronic table game through which bets may be placed shall be reckoned as one gaming machine. |
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| 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. [S 64/2013 wef 31/01/2013] |
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| 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. [S 64/2013 wef 31/01/2013] |
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| Approval of class of gaming machines |
14.—(1) An application for approval of a class of gaming machines may be made by —| (a) | an approved manufacturer or an approved supplier intending to supply the gaming machines for use in any casino; or | | (b) | a casino operator (or an applicant for a casino licence) intending to use the gaming machines in any casino. |
(2) The application under paragraph (1) shall be submitted in such form and manner as the Authority may provide and shall be accompanied by —| (a) | the appropriate application fee specified in the First Schedule, which fee is not refundable; | | (b) | a report issued by an approved test service provider certifying that the class of gaming machines complies with the technical standards or any other requirements set out in notices under regulation 13(2) applicable to it; and [S 64/2013 wef 31/01/2013] | | (c) | such other documents as the Authority may require to determine the application. |
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| (3) Where the Authority considers it necessary to conduct any further investigation in relation to any particular application under paragraph (1), the cost of the investigation shall be borne by the person making the application. |
(4) The Authority may refuse to consider an application for approval of any class of gaming machines if ––| (a) | the application is incomplete; | | (b) | any person refuses to allow an investigation under paragraph (3), if any, in respect of that application; or | | (c) | the application fee or the cost of investigation is not paid. |
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| (5) The Authority may approve the class of gaming machines, subject to such conditions as the Authority may impose. [S 64/2013 wef 31/01/2013] |
| (6) [Deleted by S 64/2013 wef 31/01/2013] |
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| 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. [S 64/2013 wef 31/01/2013] |
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| Revocation of approval of class of gaming machines |
16.—(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. |
[S 64/2013 wef 31/01/2013] | (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. [S 64/2013 wef 31/01/2013] |
| (3) The Authority may, after considering any submissions made by a casino operator, revoke the approval of the class of gaming machines and give the casino operator written notice thereof. |
| (4) Any revocation of approval of a class of gaming machines under this regulation shall take effect when the notice under paragraph (3) is given or on such later date as may be specified in the notice. |
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| Duty of casino operator in relation to gaming machines |
17.—(1) It shall be the duty of every casino operator to ensure that it does not use or permit to be used in its casino —| (a) | any gaming machine which does not comply with regulation 12(1) or 13(1); [S 64/2013 wef 31/01/2013] | | (b) | any gaming machine which is not of a class approved by the Authority under regulation 14 or the approval of which has been revoked; | | (ba) | any gaming machine with any component which has been revoked under regulation 16; [S 64/2013 wef 31/01/2013] | | (c) | any gaming machine in contravention of any condition of approval under regulation 14(5); or | | (d) | any gaming machine which has been modified without the prior written approval or waiver of the Authority under regulation 15. [S 64/2013 wef 31/01/2013] |
| (2) A casino operator which contravenes paragraph (1) shall be liable to disciplinary action under section 54 of the Act. |
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