Casino Control Act 2006 (Singapore)/Part VI
PART VI
CASINO OPERATIONS
Division 1—Casino layout, games, gaming machines, etc.
Casino layout to comply with requirements of Authority
99. It is a condition of a casino licence that—
- (a) the casino layout shall comply with such requirements as the Authority may prescribe; and
- (b) the casino operator shall notify the Authority before making any changes to the casino layout.
Approval of games and rules for games
100.—(1) The Authority may, by order published in the Gazette, approve the games that may be played in a casino (other than games to be played on a gaming machine), mode of play and the rules for those games.
(2) The Authority may, under subsection (1), give approvals that differ according to differences in time, place or circumstances.
(3) A casino operator shall not permit a game to be conducted or played in a casino unless—
- (a) there is an order in force under this section approving the game;
- (b) the game is conducted or played in accordance with the mode of play and rules of the game approved by such an order; and
- (c) the game is conducted or played on behalf of the casino operator by a licensed special employee.
(4) A person shall not conduct a game in a casino or permit a game conducted by him to be played in a casino, unless—
- (a) there is an order in force under this section approving the game; and
- (b) the game is conducted or played in accordance with the mode of play and rules of the game approved by such an order.
(5) Any casino operator who contravenes subsection (3) shall be liable to disciplinary action.
(6) Any person who contravenes subsection (4) shall be—
- (a) liable to disciplinary action, in the case of a licensed special employee; or
- (b) guilty of an offence and liable on conviction to a fine not exceeding $200,000, in any other case.
(7) It is a defence to disciplinary action or prosecution for a contravention of subsection (4) if the special employee or other person, as the case may be, establishes that the contravention was permitted by the casino operator.
(8) Subsections (3) and (4) do not apply to a game played on a gaming machine in a casino.
Directions as to games not to be played
101.—(1) The Authority may give a direction in writing to a casino operator concerning the particular games that may not be played in the casino.
(2) The Authority may amend any such direction by a further direction in writing to the casino operator.
(3) It is a condition of a casino licence that the casino operator is to comply with any direction for the time being in force under this section.
Approval of gaming equipment
102.—(1) The Authority may investigate or authorise the investigation of gaming equipment for the purpose of determining whether the equipment is suitable to be approved for use in a casino and may require the cost of such an investigation to be paid by a person seeking the approval.
(2) The Authority may approve gaming equipment for use in a casino and, for that purpose, may approve particular equipment or may approve equipment of a specified class or description and may make the approval subject to conditions.
(3) Regulations made under this Act may specify standards with respect to the manufacture or supply of gaming equipment for use in a casino.
(4) Despite the provisions of any other law, the possession of gaming equipment is lawful if—
- (a) the possession is for the purposes of an investigation under this section; or
- (b) the equipment is identifiable in a manner approved by the Authority and is in a casino with the approval of the Authority or the circumstances of its possession are such as have been approved by the Authority generally or in a particular case.
(5) This section does not apply to gaming equipment that is a gaming machine.
Gaming machines in casinos
103. It is a condition of a casino licence that—
- (a) gaming machines intended for use in a casino shall be obtained from manufacturers and suppliers approved by the Authority; and
- (b) the number of gaming machines available for gaming in a casino shall not exceed such number as the Authority may determine.
Simulated gaming
104.—(1) A casino operator may conduct gaming on a simulated basis for the purpose of training employees, testing gaming equipment and gaming procedures, and demonstrating the conduct and playing of games, but only if—
- (a) the casino operator has the approval of the Authority to do so; and
- (b) no cash or chips are used without the approval of the Authority.
(2) Despite the provisions of any other law, the possession and use of gaming equipment as authorised by subsection (1) is lawful.
(3) Any casino operator who contravenes subsection (1) shall be liable to disciplinary action.
Division 2—Gaming measures
Linked jackpot arrangement unlawful without approval
105.—(1) A person shall not, without the approval of the Authority, install or cause to be installed any linked jackpot arrangement.
(2) The Authority shall not approve any linked jackpot arrangement—
- (a) between a casino in Singapore and any place outside Singapore;
- (b) between a casino in Singapore and any place permitted to operate a fruit machine under the Private Lotteries Act (Cap. 250); or
- (c) prohibited by regulations made under this Act.
(3) Any person who contravenes subsection (1) shall be—
- (a) liable to disciplinary action, in the case of a casino operator or a licensed special employee; or
- (b) guilty of an offence and liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 5 years or to both, in any other case.
Assistance to patrons
106.—(1) A casino operator shall—
- (a) display a notice in accordance with the directions of the Authority informing patrons where a copy of the rules for games under section 100 may be inspected;
- (b) display prominently in the casino—
- (i) the advice or information concerning those rules, the mode of payment of winning wagers and the odds of winning each wager; and
- (ii) such other advice or information to the player as the Authority directs; and
- (c) display prominently at each gaming table or location related to the playing of a game, a sign indicating the permissible minimum and maximum wagers pertaining to the game played there.
(2) A casino operator shall—
- (a) allow a patron to inspect a copy of the rules for games on request; and
- (b) establish a system to allow patrons to voluntarily set loss limits for gaming.
(3) Any casino operator who fails to comply with subsection (1) or (2) shall be liable to disciplinary action.
Operation of security equipment, etc.
107.—(1) A casino operator shall ensure that all casino installations, equipment and procedures for security and safety purposes are used, operated and applied in accordance with the directions of the Authority.
(2) Any casino operator who fails to comply with subsection (1) shall be liable to disciplinary action.
Credit, etc.
108.—(1) Except to the extent that this section or regulations relating to credit allow, no casino operator, licensed junket promoter, agent of a casino operator or casino employee shall, in connection with any gaming in the casino—
- (a) accept a wager made otherwise than by means of money or chips;
- (b) lend money or any valuable thing;
- (c) provide money or chips as part of a transaction involving a credit card;
- (d) extend any other form of credit; or
- (e) except with the approval of the Authority, wholly or partly release or discharge a debt.
(2) A casino operator may establish for a person a deposit account to which is to be credited the amount of any deposit to the account comprising—
- (a) money;
- (b) a cheque payable to the casino operator; or
- (c) a traveller’s cheque.
(3) The casino operator may issue to a person who establishes a deposit account and debit to the account chip purchase vouchers, cheques or money, not exceeding in total value the amount standing to the credit of the account at the time of issue of the vouchers, cheques or money.
(4) The casino operator may, in exchange for a cheque payable to the casino operator or a traveller’s cheque, issue to a person chip purchase vouchers of a value equivalent to the amount of the cheque or traveller’s cheque.
(5) A cheque accepted by the casino operator may, by agreement with the casino operator, be redeemed in exchange for the equivalent in value to the amount of the cheque of any one or more of the following:
- (a) money;
- (b) cheque payable to the casino operator;
- (c) chip purchase vouchers;
- (d) chips.
(6) The casino operator—
- (a) shall, within the time specified by the Authority by notice in writing given to the casino operator for the purposes of this subsection, deposit with an authorised bank a cheque accepted by the casino operator under this section; and
- (b) shall not agree to the redemption of such a cheque for the purpose of avoiding compliance with paragraph (a).
(7) Notwithstanding anything in this section, a casino operator or a licensed junket promoter may provide chips on credit to a person—
- (a) who is not a citizen or permanent resident of Singapore (as defined in section 116(9)); or
- (b) who is a premium player,
if the casino operator or licensed junket promoter (as the case may be) and the person satisfy the requirements of any relevant controls and procedures approved by the Authority under section 138.
(8) Any—
- (a) casino operator who contravenes subsection (1) or (6); or
- (b) licensed junket promoter, agent of a casino operator or casino employee who contravenes subsection (1),
shall be—
- (i) liable to disciplinary action, in the case of a casino operator, licensed special employee or licensed junket promoter; or
- (ii) guilty of an offence, in any other case.
(9) Any person who—
- (a) provides chips on credit to persons other than as permitted in subsection (7)(a) or (b) shall be deemed to be a moneylender for the purposes of the Moneylenders Act (Cap. 188); and
- (b) lends money in accordance with this section shall be deemed not to be a moneylender for the purposes of the Moneylenders Act.
(10) In this section, “cheque” means a cheque (other than a traveller’s cheque) that—
- (a) is drawn on an account of an authorised bank for a specific amount payable on demand; and
- (b) is dated but not post-dated.
Automatic teller machines prohibited within casino premises
109.—(1) A casino operator shall not provide or allow another person to provide any automatic teller machine within the boundaries of the casino premises.
(2) Any casino operator who contravenes subsection (1) shall be liable to disciplinary action.
Junkets
110.—(1) No person shall organise, promote or conduct a junket without a licence granted by the Authority in accordance with the regulations.
(2) The Authority shall not grant a licence to a junket promoter unless satisfied that the criteria specified in the regulations are met.
(3) Any casino operator which enters into an agreement with an unlicensed junket promoter to organise or promote a junket shall be liable to disciplinary action.
(4) The Authority may, by notice in writing, require a casino operator to terminate any agreement with an unlicensed junket promoter within the time specified in the notice, and any casino operator which fails to comply with such notice shall be liable to disciplinary action.
(5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction—
- (a) in the case of an individual, to a fine not exceeding $150,000; or
- (b) in any other case, to a fine not exceeding $300,000,
and, in the case of a continuing offence, to a further fine not exceeding—
- (i) $15,000, in the case of an individual; or
- (ii) $30,000, in any other case,
for every day or part thereof during which the offence continues after conviction.
(6) The Authority may, with the approval of the Minister, make regulations for or with respect to regulating or prohibiting the promotion and conduct of junkets, the licensing of junket promoters, arrangements for premium players and the obligations of casino operators in relation to junket promoters and premium players.
(7) In particular, the regulations may—
- (a) impose restrictions on who may be approved to organise or promote a junket;
- (b) prescribe the procedure for applications for the approval of the Authority;
- (c) prescribe the fees to be charged;
- (d) require the junket promoter or the casino operator concerned to give the Authority advance notice of the junket and to furnish to the Authority detailed information concerning the conduct of and the arrangements for the conduct of any junket;
- (e) require any contract or other agreement that relates to the conduct of a junket to be in a form and containing provisions approved by the Authority;
- (f) require the junket promoter or the casino operator concerned to give specified information concerning the conduct of the junket to participants in the junket;
- (g) require the junket promoter or the casino operator concerned to give the Authority advance notice of any arrangement for premium players and to furnish to the Authority specified information concerning the arrangement;
- (h) regulate the conduct of licensed junket promoters and prescribe the disciplinary actions, including a financial penalty not exceeding $400,000, against any licensed junket promoter who contravenes any provision of the regulations; and
- (i) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 12 months or with both.
Division 3—Disputes between casino operator and patron
Resolution of dispute as to winnings, losses or manner in which game conducted
111.—(1) Where a casino operator and a patron of the casino are unable to resolve to the satisfaction of the patron any dispute as to alleged winnings, alleged losses or the manner in which a game is conducted, and the dispute involves—
- (a) at least $1,000, the casino operator shall immediately notify an inspector; or
- (b) less than $1,000, the casino operator shall inform the patron of his right to request that an inspector conduct an investigation.
(2) An inspector who is notified of a dispute under subsection (1) shall conduct such investigations as he thinks necessary and shall determine whether payment should be made.
(3) Failure of a casino operator to notify an inspector or inform the patron as provided in subsection (1) is grounds for disciplinary action.
Reconsideration of inspector’s decision
112.—(1) Any party aggrieved by the decision of an inspector under section 111 may, in the prescribed manner and within the prescribed time, appeal to the Authority requesting a hearing to reconsider the decision of the inspector.
(2) The appeal shall set forth the basis of the request for reconsideration.
(3) If no appeal for reconsideration is made within the time prescribed, the decision of the inspector shall be deemed final and is not subject to reconsideration by the Authority.
(4) The Authority shall convene a committee comprising such persons as the Authority may appoint to reconsider the decision of the inspector.
(5) The party seeking reconsideration bears the burden of showing that the inspector’s decision should be reversed or modified.
(6) The committee appointed under subsection (4) shall be independent of the Authority and may regulate its own procedure.
(7) After the hearing, the committee may confirm, vary or reverse the inspector’s decision.
(8) The decision by the committee shall be in writing and shall be served on the casino operator and the patron concerned.
Payment of claim after decision
113.—(1) Except as otherwise allowed by the Authority, a casino operator shall pay a patron’s claim within 30 days of—
- (a) the decision of the committee under section 112; or
- (b) where an appeal was made under section 114, the decision of the Authority under that section.
(2) Failure of a casino operator to pay within the time specified in subsection (1) is grounds for disciplinary action.
Appeal to Authority
114. A person who is aggrieved by a decision made against him by the committee under section 112 may, within 30 days of being notified of the decision of the committee, appeal to the Authority whose decision shall be final.
Division 4—Entry to casino premises
Right of entry to casino premises
115. Except as provided by sections 118 and 119, a person enters and remains on any casino premises only by the licence of the casino operator.
Entry levy
116.—(1) Subject to subsection (3), a casino operator shall not allow any person who is a citizen or permanent resident of Singapore to enter or remain on the casino premises at any time on any day unless the person has paid to the casino operator an entry levy of—
- (a) $100 (inclusive of goods and services tax) for every consecutive period of 24 hours; or
- (b) $2,000 (inclusive of goods and services tax) for a valid annual membership of the casino.
(2) All entry levies collected by a casino operator under subsection (1) shall be paid to the Singapore Totalisator Board within the prescribed time and shall be used by that Board for public, social or charitable purposes in Singapore.
(3) A casino operator shall not refund, remit or reimburse, directly or indirectly, any entry levy paid or payable by any person under subsection (1).
(4) The Minister may, after the expiration of 10 years commencing from the date on which a second site for a casino is designated by an order made under section 2(2), by order published in the Gazette, vary the entry levies specified in subsection (1).
(5) This section shall not apply to—
- (a) any employee of the casino;
- (b) any inspector, police officer, officer of the Central Narcotics Bureau or Corrupt Practices Investigation Bureau, civil defence officer, officer of the Inland Revenue Authority of Singapore or employee of the Authority acting in the discharge of his duties; or
- (c) such other person or class of persons as may be prescribed.
(6) Subject to subsection (5), any citizen or permanent resident of Singapore who enters any casino premises without paying the entry levy specified in subsection (1) is guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, and shall also be liable for the amount of the entry levy specified in subsection (1)(a).
(7) Any casino operator who contravenes subsection (1), (2) or (3) shall be liable to disciplinary action.
(8) Section 147 shall apply in relation to late payment of the entry levy as it applies to the casino tax, and the reference to casino tax in that section shall be read as a reference to the entry levy.
(9) In this Part, “permanent resident of Singapore” means a person who is granted an entry permit under section 10(1) of the Immigration Act (Cap. 133) or a re-entry permit under section 11 of that Act, which allows him to remain in Singapore indefinitely without restriction.
Supplementary provisions relating to entry levy
117.—(1) The entry levy payable under section 116(1) shall be levied, paid and collected by such method as may be prescribed.
(2) The Chief Executive may require a casino operator to lodge with the Authority such security as the Chief Executive may consider appropriate for the payment of entry levies.
(3) Entry levies shall be recoverable from a casino operator as a civil debt due to the Government.
(4) It shall be lawful for the Chief Executive, if it is proved to his satisfaction that any money has been overpaid as entry levy under this Act, to direct the refund of the money so overpaid, such refund to be paid from entry levies collected under section 116(1).
(5) No refund under subsection (4) shall be allowed unless a claim in respect thereof is made within 6 months of the overpayment.
(6) Where for any reason the entry levy payable under section 116(1) has not been paid, or has been short paid, or the whole or any part of the entry levy, after having been paid, has, owing to any cause, been erroneously refunded, the person liable to pay such levy, or the person to whom the refund has been erroneously made, as the case may be, shall pay the entry levy not paid or short paid, or the amount erroneously refunded to him, on demand being made by the Chief Executive, within 6 months of the date of the non-payment, or short payment, or erroneous refund, as the case may be, without prejudice to any other remedy for the recovery of the amount unpaid or erroneously refunded.
(7) For the purposes of this section and section 116, every casino operator shall be liable for every act, omission, neglect or default of any agent or employee employed by him and acting within the scope of his employment, as fully and effectually as if the act, omission, neglect or default were done or committed by the casino operator.
(8) Nothing in this section shall affect the liability of the agent or employee of a casino operator.
Entry of inspector to casino premises
118.—(1) An inspector may, at any time, enter and remain on any casino premises for the purposes of exercising his functions as an inspector under this Act, including but not limited to—
- (a) observing any of the operations of the casino;
- (b) ascertaining whether the operations of the casino are being properly conducted, supervised and managed;
- (c) ascertaining whether the provisions of this Act are being complied with; and
- (d) in any other respect, exercising his functions under this Act.
(2) An inspector who enters premises under this section is not authorised to remain on the premises if, on the request of the occupier of the premises, the inspector does not show his identification card to the occupier.
Entry of police officer, etc., to casino premises
119. Any police officer, officer of the Central Narcotics Bureau or Corrupt Practices Investigation Bureau or civil defence officer may enter any casino premises, including any part to which the public does not have access, and may remain there for the purpose of discharging his duty as a police officer, officer of the Central Narcotics Bureau or Corrupt Practices Investigation Bureau or civil defence officer, as the case may be.
Exclusion orders by casino operator
120.—(1) A casino operator may give a written exclusion order under this section to a person, whether on the voluntary application of the person or otherwise, prohibiting the person from entering or remaining on the casino premises.
(2) A voluntary application under subsection (1) shall be in writing and signed by the applicant in the presence of a person authorised by the casino operator to witness such an application.
(3) As soon as practicable after a casino operator gives an exclusion order under subsection (1) or revokes the order, the casino operator shall notify the Authority and the Council of that order or the revocation of that order, as the case may be.
Exclusion orders by Authority
121.—(1) The Authority may, by an exclusion order given to a person orally or in writing, prohibit the person from entering or remaining on any casino premises.
(2) An oral exclusion order lapses after 14 days.
(3) As soon as practicable after the Authority gives an exclusion order under this section, the Authority shall notify each casino operator of that order.
Exclusion orders by Commissioner of Police
122.—(1) The Commissioner of Police may, by a written exclusion order given to a person, prohibit the person from entering or remaining on any casino premises.
(2) As soon as practicable after making an exclusion order, the Commissioner of Police shall notify each casino operator and the Authority of that order.
(3) A person who has been given an exclusion order under this section may appeal to the Minister whose decision shall be final.
Duration of exclusion orders
123.—(1) An exclusion order made under section 121 or 122 remains in force in respect of a person unless and until it is revoked by the person who gave the order or by the Minister, on appeal.
(2) When an exclusion order is revoked by the Commissioner of Police or the Minister, the Commissioner of Police shall notify each casino operator and the Authority of the revocation.
(3) When an exclusion order is revoked by the Authority or the Minister, the Authority shall give notice of the revocation to each casino operator as soon as practicable after it occurs.
List of persons excluded by casino operator
124. The Authority may, from time to time, require a casino operator to furnish a list of persons excluded from the casino premises by the casino operator.
Excluded person not to enter casino premises
125.—(1) An excluded person shall not enter or remain, or take part in any gaming, on any casino premises.
(2) Any person, being subject to an exclusion order made under section 121 or 122, who contravenes subsection (1) shall be guilty of an offence.
Casino operator to bar excluded persons from casino premises
126.—(1) It is a condition of a casino licence that a casino operator shall not, without reasonable excuse, permit an excluded person to enter or remain on the casino premises.
(2) It is a condition of a casino licence that a casino operator shall comply with any order made under section 163(2)(d) to close any deposit account of a respondent named in that order.
Removal of excluded persons from casino premises
127.—(1) This section applies to the following persons on any casino premises:
- (a) the person for the time being in charge of the casino;
- (b) an agent of the casino operator;
- (c) a casino employee.
(2) A person to whom this section applies who knows that an excluded person is about to enter or is on the casino premises shall—
- (a) notify an inspector as soon as practicable; and
- (b) using no more force than is reasonably necessary—
- (i) prevent the excluded person from entering the casino premises; or
- (ii) remove such a person from the casino premises or cause such a person to be removed from the casino premises.
(3) Any person who fails to comply with subsection (2) shall be—
- (a) liable to disciplinary action, in the case of a casino operator or a licensed special employee; or
- (b) guilty of an offence, in any other case.
Forfeiture of winnings
128.—(1) This section applies to any person who is—
- (a) an excluded person; or
- (b) a minor (as defined in section 130).
(2) If a person to whom this section applies enters or remains on any casino premises in contravention of this Act, all winnings (including linked jackpots) paid or payable to the person in respect of gaming on gaming machines or playing any game approved under section 100 in the casino are forfeited to the Consolidated Fund.
(3) If winnings referred to in subsection (2) comprise or include a non-monetary prize, the casino operator shall pay the value of that prize to the Consolidated Fund.
(4) In determining the value of a non-monetary prize for the purposes of subsection (3), any amount of goods and services tax payable in respect of the supply to which the prize relates is to be taken into account.
(5) The amount of winnings to be forfeited under this section shall be investigated and determined by an authorised person whose decision shall be final.
Division 5—Prohibited acts within casino premises
Conduct within casino premises
129.—(1) A casino operator shall take all appropriate steps to ensure that the following acts are not committed by its employees, patrons or other persons within the casino premises:
- (a) soliciting for the purpose of prostitution or for any other immoral purpose;
- (b) unlicensed moneylending or related activities;
- (c) drunken, disorderly or riotous behaviour.
(2) Any casino operator who contravenes subsection (1) shall be liable to disciplinary action.