Casino Control Act 2006 (Singapore)/Part I

Layout 2

REPUBLIC OF SINGAPORE

---

No. 10 of 2006.

I assent.

An Act to make provision for the operation and regulation of casinos and gaming in casinos; to establish the Casino Regulatory Authority of Singapore, to provide for its functions and powers and for matters connected therewith; and to make related amendments to the Civil Law Act (Chapter 43 of the 1999 Revised Edition) and the Income Tax Act (Chapter 134 of the 2004 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART I
PRELIMINARY

Short title and commencement

1. This Act may be cited as the Casino Control Act 2006 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2.—(1) In this Act, unless the context otherwise requires—

“appointed day” means—

(a) in relation to this Act, the date of commencement of this Act; and

(b) in relation to a particular provision of this Act, the date of commencement of that particular provision;

“authorised bank” means any bank authorised by the Authority for the purposes of this Act;

“authorised person” means any person authorised to perform any function or duty or to exercise any power under section 13(6);

“Authority” means the Casino Regulatory Authority of Singapore established under section 5;

“casino” means any premises, or part of premises, within a designated site where persons may participate in one or more games approved by the Authority in any order published under section 100;

“casino employee” means an employee having functions in or in relation to a casino;

“casino licence” means a casino licence granted under section 49 that is in force;

“casino operator” means a person who is the holder of a casino licence;

“casino premises” means the casino premises referred to in section 51;

“Chairman” means the Chairman of the Authority and includes any temporary Chairman of the Authority;

“Chief Executive” means the Chief Executive of the Authority appointed under section 13 and includes any person acting in that capacity;

“chips” means any tokens used instead of money for the purpose of gaming;

“corporation” has the same meaning as in section 4(1) of the Companies Act (Cap. 50);

“Council” means the National Council on Problem Gambling established under section 154;

“deposit account” means an account established under section 108(2);

“designated site” means any parcel or parcels of land designated by the Minister under subsection (2) as a site on which a casino may be located;

“electronic monitoring system” means any electronic or computer or communications system or device that is so designed that it may be used, or adapted, to send or receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment;

“employ” includes engage under a contract for services;

“excluded person” means a person barred from entering or remaining on any casino premises by—

(a) an exclusion order under section 120, 121 or 122; or

(b) a family exclusion order or exclusion order under Part X;

“game” means a game of chance or a game that is partly a game of chance and partly a game requiring skill;

“gaming equipment” means any device or thing (including chips) used, or capable of being used, for or in connection with gaming and includes—

(a) a gaming machine;

(b) linked jackpot equipment;

(c) an electronic monitoring system; and

(d) a part of, or a replacement part for, any such machine, equipment or system;

“gaming machine” means any device, whether wholly or partly mechanically or electronically operated, that is so designed that—

(a) it may be used for the purpose of playing a game of chance or a game of mixed chance and skill; and

(b) as a result of making a bet on the device, winnings may become payable,

and includes any machine declared by the Authority to be a gaming machine;

“inspector” means an inspector appointed under section 13(5);

“jackpot” means the combination of letters, numbers, symbols or representations required to be displayed on the reels or video screen of a gaming machine so that the winnings in accordance with the prize payout scale displayed on the machine are payable from money which accumulates as contributions are made to a special prize pool;

“junket” means an arrangement whereby a person or a group of people is introduced to a casino operator by a junket promoter who receives a commission or other payment from the casino operator or the person for the time being in charge of the casino;

“junket player” means a person who participates in a junket, whether or not the person is also a premium player;

“junket promoter” means a person who organises or promotes a junket;

“linked jackpot arrangement” means an arrangement whereby 2 or more gaming machines are linked to a device that—

(a) records, from time to time, an amount which, in the event of a jackpot or other result being obtained on one of those machines, may be payable, or part of which may be payable, as winnings;

(b) for the purpose of recording the amount referred to in paragraph (a), receives data from each gaming machine to which the device is linked; and

(c) is not capable of affecting the outcome of a game on a gaming machine to which the device is linked;

“linked jackpot equipment” means any jackpot meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a linked jackpot arrangement;

“member” means a member of the Authority;

“Minister”, except in Parts IX and X, means the Minister for Home Affairs;

“operations”, in relation to a casino, means—

(a) the conduct of gaming in the casino;

(b) the management and supervision of the conduct of gaming in the casino;

(c) money counting in, and in relation to, the casino;

(d) accounting procedures in, and in relation to, the casino;

(e) the use of storage areas within the casino premises; and

(f) other matters affecting or arising out of activities in the casino;

“owner”, in relation to a designated site, means the person who is registered in the land-register under the Land Titles Act (Cap. 157) as the purchaser of a leasehold interest in the designated site;

“premium player” means a patron of a casino who maintains a deposit account with the casino operator with a credit balance of not less than $100,000 before the commencement of play by him in the casino;

“record” includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other matter or by any other means;

“share” includes stock except where a distinction between stock and shares is express or implied;

“special employee” means a person who—

(a) is employed or working in a casino in a managerial capacity or who is authorised to make decisions, involving the exercise of his discretion, that regulate the operations of a casino; or

(b) is employed or working in a casino in any capacity relating to any of the following activities:

(i) the conduct of gaming;

(ii) the movement of money or chips about the casino premises;

(iii) the exchange of money or chips to patrons of the casino;

(iv) the counting of money or chips on the casino premises;

(v) the security and surveillance of the casino;

(vi) the operation, maintenance, construction or repair of gaming equipment;

(vii) the supervision of any of the above activities;

(viii) any other activity relating to the operations of the casino that is specified by the Authority for the purposes of this definition by notice in writing given to the casino operator;

“special employee licence” means a special employee licence issued by the Authority under Part V;

“voting share” has the same meaning as in section 4(1) of the Companies Act (Cap. 50).

(2) For the purposes of this Act, the Minister may, by order published in the Gazette—

(a) designate any parcel or parcels of land as a site on which a casino may be located for such period as may be specified in the order; and

(b) extend any period under paragraph (a) for such further period as may be specified in the order.

(3) In this Act—

(a) a reference to a function includes a reference to a power, authority or duty; and

(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.

Meaning of “associate”

3.—(1) For the purposes of this Act (other than Division 2 of Part IV), a person is an “associate” of a casino operator or an applicant for a casino licence if the person—

(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the casino business of the casino operator or applicant, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that casino business; or

(b) holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the casino business of the casino operator or applicant.

(2) In this section—

“relevant financial interest”, in relation to a business, means—

(a) any share in the capital of the business; or

(b) any entitlement to receive any income derived from the business;

“relevant position”, in relation to a business, means the position of director, manager or secretary, or other executive position, however that position is designated;

“relevant power” means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a) to participate in any directorial, managerial or executive decision; or

(b) to elect or appoint any person to any relevant position.

Minister may revoke order for designated site or cancel casino licence in public interest

4.—(1) Notwithstanding any other provision of this Act, if it appears to the Minister to be necessary in the public interest to do so, the Minister may, after consultation with the Authority—

(a) revoke any order made under section 2(2); or

(b) cancel any casino licence,

and give such directions to the Authority or the casino operator concerned as are necessary to give effect to the revocation of the order or the cancellation of the casino licence, as the case may be.

(2) The Authority or casino operator, as the case may be, shall give effect to any direction given by the Minister under subsection (1).

(3) Where the Minister has revoked an order under subsection (1)(a), any casino licence granted for a casino on the site to which that order relates shall be deemed to be cancelled.

(4) The Minister shall pay such fair compensation as the Minister may determine for any damage caused to the casino operator concerned by reason of the revocation of the order or cancellation of the casino licence by the Minister under subsection (1).

(5) If the amount of compensation to be paid under subsection (4) is disputed by the casino operator, the dispute shall be referred to arbitration, and parties shall be deemed as having submitted the dispute to arbitration under the Arbitration Act (Cap. 10) to be decided in accordance with Singapore law.

(6) Any sum required by the Minister for paying compensation under subsection (4) shall be paid out of the Consolidated Fund.

(7) If any doubt arises as to whether any act done under this section was in the public interest, a certificate signed by the Minister shall be conclusive evidence of the matters stated therein.

(8) Any decision of the Minister under subsection (1) shall be final.