PART III | PROCEDURE FOR EXCLUSION ORDERS AND THIRD PARTY VISIT LIMITS |
[S 564/2009 wef 20/11/2009] [S 339/2013 wef 01/06/2013] | Notice to object to exclusion order or third party visit limit |
12.—(1) Where a Committee intends to make an exclusion order or a third party visit limit against a person under section 165 of the Act, a notice shall be served on that person (referred to in this rule as the objector), allowing him an opportunity to submit to the Committee an objection to the proposed exclusion order or third party visit limit.(2) An objection under paragraph (1) must be submitted to the Committee by the objector —| (a) | in person at the office of the Council during such hours as the office is open for business; or | | (b) | in such electronic form available at the Council’s Internet website at http://www.ncpg.org.sg or such other location, online or otherwise, as the Council may notify from time to time, |
| and not later than such date and time specified in the notice, being not later than 14 days after the date of service of the notice (or such longer period as the Committee may allow in any particular case). |
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(3) Every objection under paragraph (1) shall set out the grounds of objection in a clear and concise manner and may be accompanied by any evidence in support of the objection, including —| (a) | the credit record of the objector; | | (b) | the financial situation of the objector; | | (c) | the debts of the objector and his ability to pay his debts as they fall due; or | | (d) | the frequency of the objector’s visit to a casino or the extent of his gambling activities in the casino. |
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| (4) An exclusion order or a third party visit limit under section 165 of the Act may be made by a Committee in the absence of the objector if the Committee is satisfied that the objector has been served with a notice to object and failed to respond by such date and time specified in the notice, or has indicated that he does not wish to respond, and the chairman of the Committee shall make a note of that fact in the record of proceedings. |
| (5) A Committee may, from time to time, without requiring the attendance of any party, adjourn a hearing to a later date if the Committee is satisfied that the notice to object has not been served on the objector or that there is any other adequate reason for the adjournment. |
(6) The date fixed for any adjourned hearing must be no later than 14 days after the date on which the adjournment is ordered unless the Committee is satisfied that —| (a) | a later date is required to enable the notice to object to be served; or | | (b) | there is any other adequate reason for fixing a later date. |
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| (7) If a hearing is adjourned, the Committee at the adjourned hearing need not comprise the same members as the Committee which ordered the adjournment. |
| (8) An objection to a proposed exclusion order or a third party visit limit may be withdrawn by the person who made the objection at any time before the objection is decided. |
| (9) To withdraw an objection referred to in paragraph (8), the person submitting the objection must notify in writing the secretary and every other party to the matter to which the objection relates. [S 564/2009 wef 20/11/2009] [S 339/2013 wef 01/06/2013] |
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| Withdrawal of application or appeal relating to exclusion order or third party visit limit |
12AA.—(1) A person who —| (a) | applies to set aside an exclusion order or a third party visit limit; | | (b) | applies for a variation or revocation of an exclusion order or a third party visit limit; or | | (c) | appeals against an exclusion order or a third party visit limit, |
| may withdraw his application or appeal at any time before the exclusion order or third party visit limit is set aside, varied or revoked, or the appeal determined, as the case may be. |
| (2) To withdraw an application or appeal referred to in paragraph (1), the person making the application or appeal must notify in writing the secretary and every other party to the matter to which the application or appeal relates. [S 339/2013 wef 01/06/2013] |
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| Application for setting aside of exclusion order or third party visit limit made in respondent’s absence |
| 12A.—(1) An application to set aside an exclusion order or a third party visit limit under section 165C(3) of the Act may be made by the respondent in such form as the Council may determine, not later than 7 days after the respondent is notified of the exclusion order or third party visit limit made against him in his absence. [S 339/2013 wef 01/06/2013] (2) The respondent must make the application under paragraph (1) —| (a) | using the electronic system provided by the Council on its Internet website at http://www.ncpg.org.sg for this purpose, by completing and submitting the form provided by the Council in accordance with the instructions specified in the form or in the electronic system; or | | (b) | if the respondent is unable to use that electronic system for any reason, by completing and submitting that form in person at the office of the Council during such hours as the office is open for business or at such other location as the Council may determine. [S 97/2021 wef 16/02/2021] |
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(3) Every application under paragraph (1) shall set out the grounds of the application in a clear and concise manner, and may be accompanied by —| (a) | an explanation for the respondent’s failure to respond to a notice to object to the proposed exclusion order or third party visit limit; and [S 339/2013 wef 01/06/2013] | | (b) | any evidence or information which the respondent considers necessary in support of his application to set aside the exclusion order or third party visit limit. [S 339/2013 wef 01/06/2013] |
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| (4) Upon the submission of any application under paragraph (1) in respect of an exclusion order or a third party visit limit, any appeal against that exclusion order or third party visit limit under regulation 13 or application for the variation or revocation of the exclusion order or third party visit limit made under regulation 17 shall be stayed pending the determination of the application under paragraph (1). [S 339/2013 wef 01/06/2013] |
| (5) The Committee, in any proceedings to set aside the exclusion order or third party visit limit, may exercise the powers under section 165(2A) of the Act in the same manner as if the proceedings were for a determination of an exclusion order or a third party visit limit under that section. [S 339/2013 wef 01/06/2013] |
(6) In determining an application to set aside an exclusion order or a third party visit limit, the Committee shall have regard to and consider the evidence of —| (a) | the respondent; and | | (b) | such other person as the Committee may think necessary to determine the application. [S 339/2013 wef 01/06/2013] |
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| (7) A Committee may, from time to time, without requiring the attendance of any party, adjourn a hearing to a later date if the Committee is satisfied that the summons to the respondent to attend the hearing has not been served or that there is any other adequate reason for the adjournment. [S 339/2013 wef 01/06/2013] |
(8) The date fixed for an adjourned hearing must be within 7 days of the date on which the adjournment is ordered unless the Committee is satisfied that —| (a) | a later date is required to enable the respondent to be informed of the date of proceedings; or | | (b) | there is any other adequate reason for fixing a later date. [S 339/2013 wef 01/06/2013] |
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| (9) If a hearing is adjourned, the Committee at the adjourned hearing need not comprise the same members as the Committee which ordered the adjournment. [S 58/2013 wef 31/01/2013] [S 339/2013 wef 01/06/2013] |
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| Appeal to Council against exclusion order or third party visit limit |
| 13.—(1) An appeal against an exclusion order or a third party visit limit may be made by the excluded person or visit limited person who is subject to the exclusion order or third party visit limit to the Council under section 165(6) of the Act by a notice of appeal in such form as the Council may determine, within 30 days after being notified of the decision of the Committee. [S 564/2009 wef 20/11/2009] [S 339/2013 wef 01/06/2013] (2) Every notice of appeal shall set out the grounds of the appeal in a clear and concise manner and may be accompanied by —| (a) | any evidence that the person who appeals against an exclusion order or a third party visit limit (referred to in this rule and rule 14 as the appellant) does not fall within the circumstances described in section 165(1) of the Act for the making of the exclusion order or third party visit limit; and [S 339/2013 wef 01/06/2013] | | (b) | such relevant testimonials, references and other information as the appellant considers necessary in support of his appeal. |
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| (3) The Council may refuse to consider any appeal that fails to comply with this rule. |
| (4) An appeal shall not suspend the effect of an exclusion order or a third party visit limit. [S 339/2013 wef 01/06/2013] |
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| Consideration of appeal relating to exclusion order or third party visit limit |
| 14.—(1) On receipt of a notice of appeal relating to an exclusion order or a third party visit limit, the Council shall review the exclusion order or third party visit limit as soon as practicable. [S 564/2009 wef 20/11/2009] [S 339/2013 wef 01/06/2013] (2) The Council may, in the course of considering the appeal —| (a) | seek advice on any matter arising out of the appeal; | | (b) | require the excluded person or visit limited person who is subject to the exclusion order or third party visit limit appealed against or any other person to answer any query or furnish any document which the Council considers relevant for the purpose of the appeal; or [S 339/2013 wef 01/06/2013] | | (c) | allow the excluded person or visit limited person who is subject to the exclusion order or third party visit limit appealed against reasonable opportunity to make any further written representation. [S 339/2013 wef 01/06/2013] |
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| (3) An appellant cannot raise or rely on any ground of appeal, which is not stated in the notice of appeal, during the consideration of the appeal unless that person has permission from the Council to amend his notice of appeal to include that ground. [S 339/2013 wef 01/06/2013] |
| (4) After considering all the circumstances, the Council may confirm, vary or revoke the exclusion order or third party visit limit appealed against. [S 564/2009 wef 20/11/2009] [S 339/2013 wef 01/06/2013] |
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| 15. [Deleted by S 58/2013 wef 31/01/2013] |
| 16. [Deleted by S 58/2013 wef 31/01/2013] |
| Application for variation or revocation of exclusion order or third party visit limit |
| 17.—(1) An application for the variation or revocation of an exclusion order or a third party visit limit may be made by the excluded person or visit limited person who is subject to the exclusion order or third party visit limit, to the Council under section 166(1)(b) of the Act in such form as the Council may determine. [S 564/2009 wef 20/11/2009] [S 58/2013 wef 31/01/2013] [S 339/2013 wef 01/06/2013] (2) An application under paragraph (1) may not be made ––| (a) | where an appeal has been made against the same exclusion order or third party visit limit, until the appeal has been determined by the Council; and [S 564/2009 wef 20/11/2009] [S 58/2013 wef 31/01/2013] [S 339/2013 wef 01/06/2013] | | (b) | in the case of an application for revocation, whilst the excluded person or visit limited person who is subject to the exclusion order or third party visit limit, still falls within the circumstances described in section 165(1) of the Act. [S 564/2009 wef 20/11/2009] [S 58/2013 wef 31/01/2013] [S 339/2013 wef 01/06/2013] |
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(3) Every application under paragraph (1) shall set out the grounds of the application in a clear and concise manner, and may be accompanied by any document in support of it, including —| (a) | any evidence that the excluded person or visit limited person who is subject to the exclusion order or third party visit limit, does not fall within the circumstances described in section 165(1) of the Act for the making of the exclusion order or third party visit limit; or [S 339/2013 wef 01/06/2013] | | (b) | such relevant testimonials, references and other information as the excluded person or visit limited person, as the case may be, considers necessary in support of his application. [S 58/2013 wef 31/01/2013] [S 339/2013 wef 01/06/2013] |
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| (4) The Council may refuse to consider any application that fails to comply with this rule. |
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| Permission of Council for application for variation or revocation of exclusion order or third party visit limit |
18.—(1) For the purposes of determining whether permission for an application for variation or revocation of an exclusion order or a third party visit limit is to be granted under section 166(2) of the Act, the Council may, in addition to considering the matters referred to in section 166(2A) of the Act, do one or both of the following: | (a) | appoint an officer of the Council to conduct an interview with the excluded person or visit limited person who is subject to the exclusion order or third party visit limit to be varied or revoked, and to report his findings to the Council; [S 339/2013 wef 01/06/2013] | | (b) | require the excluded person or visit limited person who is subject to the exclusion order or third party visit limit to be varied or revoked to participate in a programme of counselling, rehabilitation or special education. [S 58/2013 wef 31/01/2013] [S 339/2013 wef 01/06/2013] |
| (2) The excluded person or visit limited person who is subject to the exclusion order or third party visit limit to be varied or revoked shall not be entitled to the report of the officer made under paragraph (1)(a). [S 58/2013 wef 31/01/2013] [S 339/2013 wef 01/06/2013] |
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| Consideration of application for variation or revocation of exclusion order or third party visit limit |
19.—(1) Where permission has been granted for the application for variation or revocation of an exclusion order or a third party visit limit, the Council may, in the course of considering the application for variation or revocation —| (a) | seek advice on any matter arising out of the application; | | (b) | require the excluded person or visit limited person who is subject to the exclusion order or third party visit limit to be varied or revoked, or any other person to answer any query or furnish any document which the Council considers relevant for the purpose of the application; or [S 339/2013 wef 01/06/2013] | | (c) | allow the excluded person or visit limited person who is subject to the exclusion order or third party visit limit to be varied or revoked, reasonable opportunity to make any further written representation. [S 564/2009 wef 20/11/2009] [S 58/2013 wef 31/01/2013] [S 339/2013 wef 01/06/2013] |
| (2) After considering all the circumstances, the Council may confirm, vary or revoke the exclusion order or third party visit limit. [S 564/2009 wef 20/11/2009] [S 339/2013 wef 01/06/2013] |
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