Gambling Regulatory Authority of Singapore Act 2022

Source: Singapore Statutes Online | Archived by Legal Wires

REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
NO. 14]Friday, April 8 [2022
The following Act was passed by Parliament on 11 March 2022 and assented to by the President on 25 March 2022:—
Gambling Regulatory Authority
of Singapore Act 2022

(No. 14 of 2022)

I assent.

HALIMAH YACOB,
President.
25 March 2022.
Date of Commencement: 29 July 2022 Section 49
Date of Commencement: 1 August 2022 Parts 1 to 7, sections 48, 50, 51 and Part 9
An Act to reconstitute the Casino Regulatory Authority of Singapore as the Gambling Regulatory Authority of Singapore and to modify the functions of the Singapore Totalisator Board, and to make consequential and related amendments to certain other Acts.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
PART 1
PRELIMINARY
Short title and commencement
1.  This Act is the Gambling Regulatory Authority of Singapore Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette.
Interpretation
2.  In this Act, unless the context otherwise requires —
“appointed day” means the date of commencement of Part 2;
“Authority” means the Gambling Regulatory Authority of Singapore, which is the Casino Regulatory Authority of Singapore continued and renamed under section 3;
“Casino Regulatory Authority” means the Casino Regulatory Authority of Singapore established under the Casino Control Act 2006 in force before the appointed day;
“Chairperson”, in relation to the Authority, means the member of the Authority who is appointed under section 12 as the Chairperson of the Authority, and includes any person appointed under section 14 to act in that capacity;
“Chief Executive” means the Chief Executive of the Authority appointed under section 31, and includes any person acting in that capacity;
“committee” means a committee of the Authority appointed under section 27;
“committee member” means an individual appointed to be a member of a committee;
“delegate” means a person to whom the Authority under section 29(1) delegates the performance or exercise of any of its functions or powers;
“Deputy Chairperson”, in relation to the Authority, means a member of the Authority who is appointed under section 12 as a Deputy Chairperson of the Authority;
“functions”, in relation to the Authority, means functions conferred on the Authority by this Act or any other Act;
“gambling” includes any of the following which is not social gambling:
(a)participating in a lottery;
(b)playing a game of chance (which includes a game that is partly a game of chance and partly a game requiring skill);
(c)making or accepting bets or bookmaking;
“member”, in relation to the Authority, means a member of the Authority appointed under section 10, and includes any person appointed under section 14 to act in that capacity;
“public authority” means a body corporate established by a public Act for the purposes of a public function;
“Singapore Totalisator Board” means the Singapore Totalisator Board established under section 3 of the Singapore Totalisator Board Act 1987;
“social gambling” has the meaning given by the Gambling Control Act 2022;
“subdelegate” means a person to whom a delegate under section 29(2) further delegates the performance or exercise of any of the Authority’s functions or powers.
PART 2
FUNCTIONS AND POWERS OF AUTHORITY
Gambling Regulatory Authority of Singapore
3.  Despite section 48(2), the Casino Regulatory Authority of Singapore continues to exist under this section and is renamed as the Gambling Regulatory Authority of Singapore.
Authority is body corporate
4.—(1)  The Authority —
(a)is a body corporate with perpetual succession;
(b)may acquire, hold and dispose of real and personal property; and
(c)may sue and be sued in its corporate name.
(2)  The Authority may use, and operate under, one or more trading names approved by the Minister.
(3)  A trading name can be an abbreviation or adaptation of the Authority’s corporate name, or a name other than the Authority’s corporate name.
(4)  The Authority must cause notice of every trading name approved under subsection (2) to be published in the Gazette; but failure to do so does not invalidate the approval or use of that name.
Functions of Authority
5.—(1)  The Authority has the following functions:
(a)to scrutinise, regulate and control gambling in or affecting Singapore to ensure that it is conducted honestly and free from criminal influence and exploitation;
(b)to inquire into, and make recommendations to or otherwise advise the Minister on, matters relating to gambling, either on its own motion or upon the request of the Minister;
(c)to research and inquire into matters relating to the control of gambling, including the probity and financial security and viability of persons involved in the management of gambling operations;
(d)to work collaboratively with —
(i)the National Council on Problem Gambling to reduce the prevalence of problem gambling and the severity of harm from gambling;
[Act 29 of 2024 wef 30/10/2024]
(ii)the Singapore Police Force and public authorities or other persons (whether in or outside Singapore) responsible for investigating and prosecuting crimes, or for the regulation and control of the conduct of gambling, including sharing information with them for crime prevention and in circumstances where the Authority reasonably suspects an offence under any written law or other law may have been committed; and
[Act 29 of 2024 wef 30/10/2024]
(iii)the Ministry of Trade and Industry to ensure that any casino licensed by the Authority is and remains a part of an integrated resort developed on the designated site on which the casino is located;
[Act 29 of 2024 wef 30/10/2024]
(e)to foster responsible gambling and minimise the harm from gambling;
(f)to set and maintain appropriate standards and levels of accountability for the conduct of gambling;
(g)to perform such other functions as may be conferred on the Authority by any other Act.
(2)  In performing the functions conferred on the Authority by subsection (1), the Authority must have regard to —
(a)the need to minimise harm caused by gambling, particularly the adverse social effects of lawful gambling;
(b)the promotion of probity and integrity of persons involved in the conduct of gambling;
(c)the conduct, extent and character of gambling and the provision, use and location of gambling and like wagering facilities, available to people in Singapore;
(d)the need to ensure that the public in Singapore obtains reasonable net benefits from the conduct of gambling; and
(e)the maintenance of public confidence and trust that gambling in Singapore is conducted honestly and free from criminal influence and exploitation.
(3)  In addition to the functions conferred by this section, the Authority may undertake such other functions as the Minister may assign to the Authority, by notification in the Gazette, and in so undertaking —
(a)the Authority is deemed to be fulfilling the purposes of this Act; and
(b)the provisions of this Act apply to the Authority in respect of those other functions.
(4)  Nothing in this section imposes on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Authority would not otherwise be subject.
(5)  In this section, “casino”, “designated site” and “integrated resort” have the meanings given by section 2(1) of the Casino Control Act 2006.
[Act 29 of 2024 wef 30/10/2024]
Powers of Authority
6.—(1)  The Authority has power to do all things necessary or expedient to be done for, or in connection with, the performance of its functions.
(2)  Without limiting subsection (1), the powers of the Authority include the following:
(a)to enter into contracts, agreements or arrangements;
(b)to acquire, develop, hold and dispose of real or personal property;
(c)to appoint and act through agents;
(d)to employ staff and engage consultants;
(e)to publish or provide any information, or publish or sponsor the publication of works;
(f)with the approval of the Minister, to form or join in the formation of a company, an association, a trust or a partnership or enter into a joint venture with any person;
(g)to be a member of a company, an association, a trust or a partnership;
(h)to charge for the provision of goods or services, or the performance of work, by or on behalf of the Authority;
(i)to waive the payment of fees and charges payable to the Authority;
(j)to accept gifts, grants, bequests and devises made to the Authority, and act as trustee of money and other property vested in the Authority on trust;
(k)to do any other thing that is incidental or conducive to the performance of its functions.
(3)  To avoid doubt, subsection (1) does not limit any other power given to the Authority by any other provision in this Act or by any other Act.
(4)  The Authority may exercise its powers inside or outside Singapore.
Directions of Minister, etc.
7.—(1)  The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.
(2)  To avoid doubt, the Minister is entitled —
(a)to have information in the possession of the Authority; and
(b)where the information is in or on a document, to have, and make and retain copies of, that document.
(3)  For the purposes of subsection (2), the Minister may request the Authority —
(a)to provide information to the Minister; or
(b)to give the Minister access to information.
(4)  The Authority must comply with a request under subsection (3).
(5)  In this section —
“document” includes any tape, disk or other device or medium on which information is recorded or stored;
“information” means information specified, or of a description specified, by the Minister that relates to the functions of the Authority.
Authority’s symbol, etc.
8.—(1)  The Authority has the exclusive right to the use of one or more symbols or representations as the Authority may select or devise (each called the Authority’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Authority’s activities or affairs.
(2)  A person who —
(a)uses, without the prior written permission of the Authority, a symbol or representation identical with the Authority’s symbol or representation; or
(b)uses a symbol or representation which so resembles the Authority’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion,
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 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.
PART 3
CONSTITUTION AND MEMBERSHIP OF AUTHORITY
Division 1 — Appointment, resignation and removal
Membership of Authority
9.—(1)  The Authority consists of at least 5 and not more than 17 members.
(2)  One of the members (who is not the Chairperson) may be the Chief Executive.
Appointment of Authority members
10.—(1)  Each member of the Authority is to be appointed by the Minister.
(2)  Every appointment must be made by instrument in writing given to the member.
(3)  The instrument must state —
(a)the term of the appointment; and
(b)the date the appointment takes effect, which must not be a date earlier than the date the instrument is received by the member.
Membership disqualification
11.—(1)  In appointing members of the Authority, the Minister must have regard to whether the members of the Authority will collectively possess the appropriate knowledge, skills and experience for the Authority to perform its functions effectively.
(2)  However, the following individuals are disqualified from being a member of the Authority:
(a)an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors;
(b)a Judge or judicial officer;
(c)an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon;
(d)an individual who is —
(i)disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (whether directly or indirectly) in the management, of a company during the period of disqualification in that section; or
(ii)disqualified from being a director or in any way, whether directly or indirectly, being concerned in, or from taking part in, the management of a company by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 during the period of disqualification in the court order;
(e)an individual —
(i)who lacks capacity in respect of his or her duties as a member within the meaning of the Mental Capacity Act 2008; or
(ii)in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008.
Chairperson and Deputy Chairperson
12.—(1)  The Minister may, by instrument in writing, appoint —
(a)a member (other than the Chief Executive) to be the Chairperson of the Authority for the period specified in the instrument; and
(b)one or more members (other than the Chairperson) to be a Deputy Chairperson of the Authority for the period specified in the instrument.
(2)  The Chairperson or a Deputy Chairperson holds office until —
(a)his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires;
(b)he or she ceases to hold office as a member of the Authority; or
(c)the Minister terminates the appointment as Chairperson or Deputy Chairperson, as the case may be,
whichever first happens.
(3)  A Deputy Chairperson has and may exercise all of the functions and powers of the Chairperson in relation to a matter if —
(a)the Chairperson is unavailable; or
(b)the Chairperson is interested in the matter (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018).
Premature vacancies
13.—(1)  If a premature vacancy occurs in the office of any member of the Authority, the Minister may, subject to sections 9, 10 and 11, appoint an individual to fill the vacancy and hold that office for the remainder of the term for which the vacating member was appointed.
(2)  In this section, “premature vacancy”, for an office, means a vacancy that occurs in that office for any reason other than the expiry of the term of office.
Acting Chairperson and members
14.—(1)  The Minister may appoint an individual to act temporarily as the Chairperson during any period, or during all periods, when the Chairperson —
(a)is absent from duty or Singapore; or
(b)is, for any reason, unable to perform the duties of the office.
(2)  The Minister may appoint an individual to act temporarily as a member of the Authority (other than the Chairperson) during any period, or during all periods, when the member —
(a)is absent from duty or Singapore; or
(b)is, for any reason, unable to perform the duties of the office.
(3)  An individual is ineligible for appointment under this section to act as the Chairperson or a member of the Authority if the individual is disqualified under section 11(2) for appointment as a member of the Authority.
Removal of member
15.—(1)  The Minister may, at any time and without giving any reason, remove a member of the Authority from office.
(2)  Every removal under subsection (1) must be made by written notice given to the member with a copy to the Authority.
(3)  The notice must state the date the removal takes effect, which must not be a date earlier than the date the notice is received by the member.
Resignation from office
16.—(1)  A member of the Authority may resign his or her office by written notice to the Minister (with a copy to the Authority) signed by the member.
(2)  The resignation is effective when the notice in subsection (1) is received by the Minister or at any later time specified in the notice.
Validity of acts, etc.
17.—(1)  Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function of the Authority by the Authority is not affected merely because at the relevant time —
(a)there was a vacancy in the membership of the Authority, including a vacancy arising from the failure to appoint a member;
(b)there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Authority; or
(c)there was an irregularity in the Authority’s decision‑making procedure that does not affect the merits of the decision made.
(2)  The acts of an individual as a member of the Authority are not affected merely because —
(a)there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Authority; or
(b)in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended.
Division 2 — Terms and conditions for members
Term of appointment
18.—(1)  Subject to section 20, each member of the Authority holds office for a period of 3 years or any shorter period specified in the instrument of appointment.
(2)  A member of the Authority may be re‑appointed.
Remuneration, etc.
19.  The members of the Authority may be paid, out of the funds of the Authority, such salaries, fees and allowances as the Minister determines.
Vacation of office
20.—(1)  A member of the Authority ceases to hold office if he or she —
(a)dies;
(b)is adjudicated a bankrupt or makes an arrangement with any of his or her creditors;
(c)becomes otherwise disqualified from being a member under section 11(2);
(d)is removed from office in accordance with section 15;
(e)resigns in accordance with section 16;
(f)fails without reasonable cause to disclose any interest required under Division 1 of Part 4 of the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Minister about that default;
(g)fails to attend 3 consecutive meetings of the Authority without the approval of the Authority; or
(h)is not re‑appointed when his or her term of office expires.
(2)  A member of the Authority is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.
 

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