Casino Control (Casino Contracts) Regulations 2010

Source: Singapore Statutes Online | Archived by Legal Wires


No. S 62
Casino Control Act
(Chapter 33A)
Casino Control (Casino Contracts) Regulations 2010
In exercise of the powers conferred by sections 72(1) and 200 of the Casino Control Act, the Casino Regulatory Authority of Singapore, with the approval of the Minister for Home Affairs, hereby makes the following Regulations:
PART I
PRELIMINARY
Citation and commencement
1.  These Regulations may be cited as the Casino Control (Casino Contracts) Regulations 2010 and shall come into operation on 5th February 2010.
General definitions
2.—(1)  In these Regulations, unless the context otherwise requires —
“business registration or incorporation number”, in relation to a body corporate or unincorporate, means the registration number, or the number of any other document, issued by any government certifying the incorporation or existence of the body corporate or unincorporate;
“notifiable contract” means a notifiable contract referred to in regulation 11;
[Deleted by S 439/2018 wef 01/07/2018]
“vendor” means a person who supplies, or causes to be supplied, goods or services under a controlled contract or a notifiable contract.
(2)  In determining whether an amount of foreign currency is equivalent to a Singapore dollar amount under these Regulations, the amount of foreign currency is to be converted to Singapore currency at the exchange rate applicable —
(a)in the case of a controlled contract or notifiable contract entered into before 5th February 2010, at the time the contract is entered into;
(b)if a notice of the proposed contract or variation is given to the Authority under section 73(1)(a) of the Act, at the time the notice is given;
(c)if a report of the entering into the contract or variation is given to the Authority under section 73(1)(b) of the Act, at the time the contract or variation of the contract is entered into;
(d)if a notice of the notifiable contract or variation is given to the Authority under section 74(1)(a) of the Act, at the time the notifiable contract or variation is entered into; or
(e)if a report of the entering into the notifiable contract or variation is given to the Authority under section 74(1)(b) of the Act, at the time the notifiable contract or variation is entered into.
[S 55/2013 wef 31/01/2013]
Meaning of “contract”
3.  For the avoidance of doubt, a contract for the purposes of Division 3 of Part IV of the Act includes —
(a)any agreement or arrangement, whether with or without valuable consideration; and
(b)any agreement or arrangement between a person and a casino operator for the supply by any person (other than the first-mentioned person) of goods or services to the casino operator.
Value of contract
4.  In these Regulations, any reference to the value of a contract shall be a reference to —
(a)the total amount of money or money’s worth payable at the completion of the contract in respect of the performance of the contract —
(i)including any amount payable for goods or services which may be acquired by an option granted under the contract; but
(ii)excluding any goods and services tax (or equivalent tax) payable in relation to the supply of the goods or services under the contract; and
(b)where a number of distinct contracts are entered into in connection with the same casino operator —
(i)with the same vendor; and
[S 439/2018 wef 01/07/2018]
(ii)within a period of 12 months,
the total value of all such contracts, each computed in accordance with paragraph (a), notwithstanding that the value of any such contract alone does not exceed $500,000.
Application
5.  These Regulations shall apply to contracts entered into before, on or after 5th February 2010.
PART II
CONTROLLED CONTRACTS
Contract relating to controlled matter
6.  For the purposes of paragraph (a) of the definition of “controlled contract” in section 72(1) of the Act, the matters prescribed as controlled matters are specified in the Schedule.
Contract above prescribed value
7.—(1)  For the purposes of paragraph (b) of the definition of “controlled contract” in section 72(1) of the Act, the prescribed value shall be $500,000 or its equivalent in a foreign currency.
(2)  Notwithstanding paragraph (1), if, in the opinion of the Authority any contract forms part of a series of contracts that may reasonably be considered to have been entered into with a view to evading the provisions of the Act in relation to controlled contracts, the value of the contract shall be the total amount of money payable, computed in accordance with regulation 4, in respect of the performance of such of the contracts as the Authority shall determine.
Contract prescribed as controlled contract
7A.  For the purpose of paragraph (c) of the definition of “controlled contract” in section 72(1) of the Act, any contract between a patron and a casino operator for the payment of the patron’s gambling debt to the casino operator in any form other than by cash, cheque, cashier’s order or telegraphic transfer shall be a controlled contract.
[S 55/2013 wef 31/01/2013]
Notification of controlled contract
8.—(1)  A casino operator shall give the notice in writing of any proposed contract required under section 73(1)(a) of the Act by submitting to the Authority —
(a)the details of the proposed vendor and the proposed contract in such form as may be determined by the Authority;
[S 55/2013 wef 31/01/2013]
(b)a copy of the proposed contract;
[S 55/2013 wef 31/01/2013]
(c)if the proposed contract is not in English, a translation of the proposed contract in English;
[S 55/2013 wef 31/01/2013]
(d)if any part of the proposed contract is to be performed by a person other than the vendor, the name, business address, place of incorporation or registration, business registration or incorporation number and contact details of that person; and
[S 55/2013 wef 31/01/2013]
(e)such other additional information or documents as may be requested by the Authority in any particular case.
[S 55/2013 wef 31/01/2013]
(2)  The Authority may, in its discretion, waive any of the requirements in paragraph (1) in any particular case.
(3)  Subject to paragraph (2), the Authority may refuse to accept any notice given by the casino operator under paragraph (1) which is incomplete.
Form of controlled contract
9.  A controlled contract to be entered into by the casino operator, or to which the casino operator is to be a party, shall be in writing and shall contain all the terms and conditions governing the agreement or arrangement which is the subject of the contract, including the following:
(a)the name, business address, place of incorporation or registration, business registration or incorporation number and contact details of each party to the contract;
(b)a full description of the goods or services to be supplied under the contract;
(c)a full description of the nature and amount of the payment or other consideration, whether in money or otherwise, for the supply of those goods or services;
(d)the duration of the contract.
[S 55/2013 wef 31/01/2013]
Variation of controlled contract
10.—(1)  A casino operator shall give notice in writing of any proposed variation of a controlled contract required under section 73(1)(a) of the Act by submitting to the Authority —
(a)the details of the proposed variation in such form as may be determined by the Authority; and
(b)such other additional information or documents as may be requested by the Authority in any particular case.
(2)  The Authority may refuse to accept any notice given by the casino operator under paragraph (1) which is incomplete.
[S 55/2013 wef 31/01/2013]
PART III
NOTIFIABLE CONTRACTS
Notifiable contracts
11.  A notifiable contract is any contract which meets all of the following requirements:
(a)a contract that is wholly or partly for the supply of goods or services (other than any controlled matter under regulation 6) for the operations of a casino or for use within any casino premises;
(b)a contract the value of which is $500,000 (or its equivalent in a foreign currency) or less; and
(c)a contract which is not —
(i)approved by the Authority by a notice in writing given under section 72(2) of the Act; or
(ii)in relation to which the Authority has given a casino operator a notice of exemption in writing under section 72(3) of the Act.
[S 55/2013 wef 31/01/2013]
Disclosure requirements for notifiable contracts
12.—(1)  A notice of a notifiable contract required under section 74 of the Act ––
(a)shall contain the details of the vendor and the contract in such form as may be determined by the Authority; and
[S 55/2013 wef 31/01/2013]
(b)shall be accompanied by ––
(i)a copy of the contract;
(ii)if the contract is not in English, a translation of the contract in English; and
(iii)such other additional information or documents as may be requested by the Authority in any particular case.
(2)  The Authority may, in its discretion, waive any of the requirements in paragraph (1) in any particular case.
(3)  Subject to paragraph (2), the Authority may refuse to accept any notice given by the casino operator under paragraph (1) which is incomplete.
Variation of notifiable contract
13.—(1)  A casino operator shall give notice in writing of any variation of a notifiable contract under section 74 of the Act by submitting to the Authority —
(a)the details of the variation in such form as may be determined by the Authority; and
(b)such other additional information or documents as may be requested by the Authority in any particular case.
(2)  The Authority may refuse to accept any notice given by the casino operator under paragraph (1) which is incomplete.
[S 55/2013 wef 31/01/2013]
PART IV
GENERAL
Ongoing disclosure requirements by casino operator
14.—(1)  A casino operator shall notify the Authority in writing of the following matters in such manner and by such time as the Authority may specify by notice in writing:
(a)the date a controlled contract is entered into;
(b)the date any controlled contract or notifiable contract is terminated before the expiry of that contract and the reasons for the termination;
(c)the date any option under a controlled contract or notifiable contract is exercised.
[S 55/2013 wef 31/01/2013]
(2)  A casino operator shall notify the Authority in writing as soon as practicable upon becoming aware of any occurrence or matter as regards a vendor, a controlled contract or a notifiable contract that may be reasonably regarded as being likely to adversely affect the credibility, integrity and stability of its casino operations.
[S 55/2013 wef 31/01/2013]
(3)  Any casino operator which contravenes paragraph (1) or (2) shall be liable to disciplinary action.
[S 55/2013 wef 31/01/2013]
15.  [Deleted by S 55/2013 wef 31/01/2013]
THE SCHEDULE
Regulation 6
Controlled Matters
Matters related to gaming equipment
1.  Supply, maintenance, repair or disposal of gaming equipment.
Financial matters
2.  Supply of financing or financial services to the casino operator (except where the supply of financing or financial services is wholly provided by one or more banks, finance companies, insurance companies, securities companies or other financial institutions licensed or registered by the Monetary Authority of Singapore).
3.  Supply of debt recovery services to the casino operator.
Matters related to casino operations and revenue
4.  Supply of management agent services for the management of the casino or any part of the casino operations.
5.  Supply of consultancy or other services related to gaming.
6.  Supply of consultancy or other services related to information technology.
7.  Any matter in relation to which the vendor acquires a right to receive income derived from the casino operator’s gaming revenue.
Matters related to casino security and surveillance
8.  Supply, maintenance or repair of security equipment.
9.  Supply, maintenance or repair of surveillance equipment.
10.  Supply of consultancy or other services related to casino security.
11.  Supply of consultancy or other services related to casino surveillance.
Made this 4th day of February 2010.
RICHARD MAGNUS
Chairman,
Casino Regulatory Authority of Singapore.
[CRA 15/5/4C Vol. 4; AG/LEG/SL/33A/2006/14 Vol. 1]

Archived for legal research. Authoritative version at sso.agc.gov.sg.