Casino Control Act 2006 (Singapore)/Part V
PART V
LICENSING OF CASINO EMPLOYEES
Interpretation of this Part
79. In this Part, “licensee” means the holder of a special employee licence.
Special employees to be licensed
80.—(1) A person shall not exercise in or in relation to a casino any of the functions of a special employee except in accordance with the authority conferred on the person by a special employee licence.
(2) Every licensee shall exercise the functions specified in his special employee licence in accordance with the provisions of this Act and the conditions of the special employee licence.
(3) A casino operator shall not—
- (a) employ or use the services of a person to perform any function of a special employee in or in relation to a casino; or
- (b) allocate or permit or suffer to be allocated to a person the exercise of any function of a special employee in or in relation to the casino,
unless the person is authorised by a special employee licence to exercise the function concerned.
(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction.
(5) Any casino operator who contravenes subsection (3) shall be liable to disciplinary action.
Application for special employee licence
81.—(1) An application for a special employee licence shall be in a form approved by the Authority, shall be lodged with the Authority and shall be accompanied by—
- (a) the prescribed fee;
- (b) such documents as may be specified in the application form and such other document as may be required by the Authority; and
- (c) a certificate by the casino operator who employs or is proposing to employ the applicant as to the competence of the applicant to exercise the functions specified in the certificate.
(2) If the applicant is a natural person, the Authority may—
- (a) require the applicant to consent to have taken his photograph and finger prints or palm prints or both; and
- (b) send a copy of such photograph and finger prints or palm prints or both, and any supporting documents to the Commissioner of Police.
(3) An application for a special employee licence may not be made by a person who is below the prescribed age or is a person within a class of persons prescribed as being ineligible to apply for a special employee licence.
(4) If a requirement under this section is not complied with, the Authority may refuse to consider the application concerned.
Direction to apply for special employee licence
82.—(1) For the purposes of this section, a person has a special relationship with a casino if, in the opinion of the Authority—
- (a) the person is associated with the casino operator or is a casino employee, and has the power to exercise a significant influence over or with respect to operations in the casino; or
- (b) the person is associated with the casino operator or is a casino employee, and the person, by reason of his remuneration or authority in relation to the operations in the casino, should be licensed as a special employee.
(2) The Authority may by notice in writing given to a person who has a special relationship with a casino—
- (a) direct that the association or employment that constitutes the special relationship is to be regarded as the exercise by the person of the functions of a special employee; and
- (b) require the person to apply for the appropriate special employee licence within a specified period of not less than 7 days.
(3) The association or employment specified in the notice shall, for the purposes of this Part, be regarded as the exercise by the person of the functions of a special employee as soon as—
- (a) the period allowed by the direction for the making of an application for the appropriate special employee licence expires with no application having been made; or
- (b) if the application is made within that period, the application is determined.
(4) If this section results in a person who has a special relationship with a casino contravening section 80—
- (a) the Authority shall notify that person and the casino operator of that fact; and
- (b) the person and the casino operator are each guilty of contravening that section if the association or employment that constitutes the contravention is not terminated within 24 hours, or such longer period as the Authority may allow, after that notice is given.
(5) The termination of an association or employment in accordance with this section may be effected despite any other Act or any law, award or industrial or other agreement and the Authority does not incur any liability because of such a termination.
Updating of application for special employee licence
83.—(1) If a change occurs in the information provided in or in connection with an application for a special employee licence (including in any documents lodged with the application) before the application is granted or refused, the applicant shall, without delay, give the Authority written particulars of the change in the form approved by the Authority.
(2) When particulars of the change are given, those particulars are then to be considered to have formed part of the original application, for the purposes of the operation of subsection (1) in relation to any further change in the information provided.
(3) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction.
Authority may require further information
84.—(1) The Authority may, by notice in writing, require a person who is an applicant for a special employee licence or who, in the opinion of the Authority has some association or connection with the applicant that is relevant to the application, to do any one or more of the following:
- (a) to provide, in accordance with directions in the notice, such information as is relevant to the investigation of the application and is specified in the notice;
- (b) to produce, in accordance with directions in the notice, such records relevant to investigation of the application as are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;
- (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b);
- (d) to furnish to the Authority such authorities and consents as the Authority directs for the purpose of enabling the Authority to obtain information (including financial and other confidential information) concerning the person and his associates or relations from other persons.
(2) If a requirement made under this section is not complied with, the Authority may refuse to consider the application concerned.
Investigation and determination of application
85.—(1) The Authority shall investigate and consider each application for a special employee licence, taking into account any submissions made by the applicant within the time allowed, and shall make an assessment of—
- (a) the integrity, responsibility, personal background and financial stability of the applicant;
- (b) the general reputation of the applicant having regard to character, honesty and integrity;
- (c) the suitability of the applicant to perform the type of work proposed to be performed by the applicant as a licensee; and
- (d) any other matter relevant to the application.
(2) The Authority shall determine the application by either issuing a special employee licence to the applicant or refusing the application and shall notify the applicant in writing accordingly.
(3) The Authority is not required to give reasons for the decision but may give reasons if it thinks fit.
(4) The licensee shall pay to the Authority a special employee licence fee of such amount, at such times and in such manner as may be prescribed.
Conditions of special employee licence
86.—(1) A special employee licence is subject to any condition imposed by the Authority and notified to the licensee on the issue of the special employee licence or during its currency.
(2) A condition of a special employee licence may be varied or revoked by the Authority whether or not an application is made to the Authority by the licensee.
Identification
87.—(1) Subject to subsection (2), a special employee shall at all times while on duty in the casino wear identification of a kind approved by the Authority in such manner as to be visible to other persons within the casino premises.
(2) The Authority may exempt a person or class of persons from the requirements of subsection (1).
Provisional licences
88.—(1) The Authority may, pending a decision on an application for a licence, grant the applicant a provisional licence.
(2) A provisional licence is subject to any conditions or restrictions of which the provisional licensee is notified by the Authority when issuing the licence.
(3) A provisional licence may be cancelled by the Authority at any time and, unless sooner surrendered or cancelled, ceases to have effect on the approval or refusal of the provisional licensee’s application for a licence.
(4) This Part applies to a provisional licence in the same way as it applies to a licence to the extent that it is consistent with this section.
Duration of special employee licence
89. A special employee licence remains in force until whichever of the following happens first:
- (a) the special employee licence is cancelled;
- (b) the licensee, by notice in writing, surrenders the special employee licence to the Authority; or
- (c) the expiration of such period as is specified in the special employee licence.
Renewal of special employee licence
90.—(1) A licensee may apply to the Authority for a new special employee licence, in which case the current special employee licence continues in force until the new licence is issued or its issue is refused.
(2) An application for a new special employee licence shall be made in a form approved by the Authority and shall be accompanied by the prescribed fee.
(3) This Part (except provisions relating to the form of an application or the issue of a provisional licence) applies to and in relation to—
- (a) an application under this section for a new special employee licence;
- (b) the determination of such an application; and
- (c) any special employee licence issued as a result of such an application,
as if the application has been made by a person other than a licensee.
Variation of special employee licence
91.—(1) An application may be made to the Authority by the licensee, accompanied by the prescribed fee, for variation of a special employee licence.
(2) Except in relation to the fee to accompany the application, this Part applies in relation to such an application in the same way as it applies to an application for a special employee licence.
(3) If the application is approved, the Authority may vary the special employee licence to which the application relates (or issue a new special employee licence specifying the varied authority).
Loss, etc., of special employee licence
92. If the Authority is satisfied that a special employee licence has been lost, destroyed or damaged, the Authority may, on payment of the prescribed fee, issue a replacement special employee licence.
Cancellation, etc., of special employee licence
93.—(1) In this section—
- “disciplinary action”, in relation to a licensee, means any of the following:
- (a) the service of a written notice on the licensee censuring him for any action specified in the notice;
- (b) variation of the special employee licence;
- (c) suspension of the special employee licence for a specified period;
- (d) cancellation of the special employee licence;
- (e) cancellation of the special employee licence and disqualification from obtaining or applying for a special employee licence under this Part for a specified period;
- (f) the imposition of a financial penalty not exceeding $10,000 for each ground of disciplinary action;
- “grounds for disciplinary action” means any of the following grounds in respect of a special employee licence:
- (a) that the special employee licence was improperly obtained in that, when it was granted, there were grounds for refusing it;
- (b) that the licensee has been convicted or found guilty of —
- (i) an offence under this Act;
- (ii) an offence arising out of or in connection with the employment of the licensee under this Act; or
- (iii) whether in Singapore or elsewhere, an offence involving dishonesty or moral turpitude;
- (c) that the licensee has contravened a condition of his special employee licence;
- (d) that the licensee has failed to provide information that he is required by this Act to provide or has provided information knowing it to be false or misleading;
- (e) that the licensee has become bankrupt, applied to take the benefit of any law relating to bankrupt or insolvent debtors, has compounded with his creditors or made an assignment of his remuneration for their benefit;
- (f) that for any reason, the licensee is not a suitable person to be the holder of the special employee licence.
(2) The Authority may inquire into whether there are grounds for disciplinary action against a licensee.
(3) If the Authority decides that disciplinary action be taken against the licensee, the Authority shall give the licensee notice of the recommendation and at least 14 days to make submissions to the Authority on the matter.
(4) The Authority shall consider any submissions made by the licensee within the time allowed and shall decide whether to take disciplinary action against the licensee.
(5) If the Authority decides that there are grounds for disciplinary action against a licensee, the Authority may take the disciplinary action by giving notice in writing of the disciplinary action to the licensee.
(6) The disciplinary action takes effect when the notice under subsection (5) is given or on a later date specified in the notice.
Effect, etc., of suspension
94.—(1) During any period of suspension of a special employee licence, the licensee is deemed not to be the holder of a special employee licence.
(2) The Authority may, at any time, terminate or reduce a period of suspension of a special employee licence.
Return of special employee licence on suspension or cancellation
95.—(1) If a special employee licence is suspended or cancelled, the licensee shall return the licence to the Authority immediately after the suspension or cancellation.
(2) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
Termination of employment on cancellation of special employee licence
96.—(1) If a casino operator receives written notice from the Authority that a special employee licence has been cancelled under section 93 or has otherwise ceased to be in force, the casino operator shall, within 24 hours after receiving the notice—
- (a) in the case of an associate of the casino operator, terminate the association that constitutes the exercise of the functions of a special employee; or
- (b) in the case of an employee, terminate the employment that constitutes the exercise of the functions of a special employee or cause it to be terminated.
(2) A termination of employment in accordance with this section may be effected despite any other Act or any law, award or industrial or other agreement and the Authority does not incur any liability because of such a termination.
(3) Any casino operator who fails to comply with subsection (1) shall be liable to disciplinary action.
Casino operator to provide information relating to employees
97.—(1) A casino operator—
- (a) within 7 days after a licensed special employee commences to have functions in or in relation to the casino, shall notify the Authority, in a form approved by the Authority, of the commencement of the exercise of those functions;
- (b) not less than once each year, on a date specified by the Authority, shall submit to the Authority, in a form approved by the Authority, a list of the licensed special employees having functions in or in relation to the casino;
- (c) not later than 7 days after a licensed special employee ceases to have functions in or in relation to the casino, shall notify the Authority, in a form approved by the Authority, of the cessation of the exercise of those functions; and
- (d) when requested by the Authority to do so, shall submit to the Authority a list of non-licensed employees in or in relation to the casino.
(2) Any casino operator who fails to comply with subsection (1) shall be liable to disciplinary action.
(3) The Authority may, by notice in writing, require a licensee—
- (a) to provide, in accordance with directions in the notice, such information relevant to the holding of the special employee licence as is specified in the notice; or
- (b) to produce, in accordance with directions in the notice, such records relevant to the holding of the special employee licence as are specified in the notice and to permit examination of the records and the making of copies of the records.
(4) It is a condition of a special employee licence that the licensee shall comply with the requirements of a notice under this section.
Change in situation of licensee
98.—(1) Where a change of a kind specified by the Authority in writing given to a licensee takes place in the situation existing in relation to the licensee, the licensee shall notify the Authority in writing of the change within 14 days after it takes place.
(2) Any licensee who fails to comply with subsection (1) shall be liable to disciplinary action under section 93.