Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698078420791.pdf (Samoa)
2018 Casino and Gambling Control No.

7 Amendment SAMOA Arrangement of Provisions 1.

2.

3.

4.

Short title and commencement Section 2 amended Section 5 amended Section 6 amended 5.

New section 8A inserted 6.

7.

8.

9.

Section 9 amended Section 19 amended Section 22 amended Section 24 amended 10.

Section 37 amended 11.

Section 49 amended 12.

Section 51 amended 13.

Sections 52 and 53 substituted 14.

Section 57 amended 15.

Section 61 amended 16.


Section 66 amended 2 Casino and Gambling Control 2018, No.

7 Amendment 17.

Section 84 amended 18.

Section 88A amended 19.

New Sections 88B and 88C inserted 20.

Section 89 amended 21.

New Sections 89A and 89B inserted 22.

Section 92 amended 23.

Consequential amendment to the Income Tax Act 2012 __________ 2018, No.

7 AN ACT to amend the Casino and Gambling Control Act 2010 (“principal Act”).
[22nd March 2018] BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows: 1.

Short title and commencement: (1) This Act may be cited as the Casino and Gambling Control Amendment Act 2018.

(2) This Act commences on the date of its assent by the Head of State.

2.

Section 2 amended: In section 2(1) of the Principal Act: (a) the definition of “authorised police officer” is repealed; and 2018, No.
7 Casino and Gambling Control 3 Amendment (b) insert in its correct alphabetical order the following definition: ““inspector” means an employee or officer of the Authority appointed by the Chief Executive Officer to be an inspector;”.

3.

Section 5 amended: For section 5 of the principal Act, insert the following new subsections after subsection (3): “(4) The Chief Executive Officer is responsible for the safe-keeping of the common seal of the Authority.
(5) The common seal of the Authority may only be affixed to a document by the Chief Executive Officer in accordance with any procedures approved by the Authority.”.

4.

Section 6 amended: Section 6(6) of the principal Act is repealed.

5.

New section 8A inserted: After section 8 of the principal Act, insert: “8A.
Approved rules, standards, guidelines, operating procedures and codes of practice: (1) For the purposes of implementing the provisions of this Act and any other Act for which the Authority is responsible, 4 Casino and Gambling Control 2018, No.

7 Amendment the Authority may develop and approve rules, standards, guidelines, operating procedures or codes of practice in relation to any matter relevant to the management and operation of casinos, or any other regulated gambling activity.
(2) An approved rule, standard, guideline, operating procedure or code of practice applied under this section must be consistent with the provisions of this Act, and any other Act for which the Authority is responsible.

(3) Without limiting the generality of subsection (1), approved rules, standards, guidelines, operating procedures or codes or practice can be applied to achieve the objectives of this Act, and any other Act for which the Authority is responsible.
(4) An approved rule, standard, guideline, operating procedure or code of practice made under subsection (1) takes effect when it is approved by the Authority.

(5) The Chief Executive Officer must ensure that approved rules, standards, guidelines, operating procedures or codes of practice are made known to holders of casino licences, and to all 2018, No.
7 Casino and Gambling Control 5 Amendment other persons who operate licensed gambling operations or premises under any other Act for which the Authority is responsible.

(6) Failure to take any action referred to in subsection (5) does not affect the validity of an approved rule, standard, guideline, operating procedure or code of practice.
(7) Any approved rule, standard, guideline, operating procedure or code of practice made under this section applies as a condition to any licence or class or licence, or to any other permit or approval, to which the rule, standard, guideline, operating procedure or code of practice is stated to apply.
(8) A person who is obliged to comply with an approved standard, guideline, operating procedure or codes of practice and who breaches the rule, standard, guideline, operating procedure or code of practice commits an offence and is liable upon conviction to a fine not exceeding 100 penalty units, and to a further fine of 10 penalty units for every day that the offence continues.”.

6.

Section 9 amended: (1) In section 9 of the Principal Act, for “Membership” substitute “Board”.
6 Casino and Gambling Control 2018, No.

7 Amendment (2) In section 9 of the Principal Act, after “The”, where first occurring, insert “Board”.

7.

Section 19 amended: For section 19(1) of the Principal Act substitute: “(1) There are payable to the Authority monies that are payable under this Act or any other enactment.”.

8.
8.

Section 22 amended: After section 22(3) of the Principal Act insert: “(4) The Chief Executive Officer may designate certain officers to carry out functions and duties of inspectors provided under this Act.”.

9.
9.

Section 24 amended: In section 24 of the principal Act, after subsection (4), insert: “(5) A casino licensee who contravenes or fails to comply with subsection (3) commits and offence and is liable upon conviction to a fine of 250 penalty units or a term of imprisonment not exceeding three (3) years or both.”.

2018, No.

7 Casino and Gambling Control 7 Amendment 10.


Section 37 amended: For section 37(1A) of the principal Act, delete the phrase “paid into a sports fund, designated by the Authority” and substitute “paid into a fund determined by the Authority”.

11.

Section 49 amended: In section 49 of the Principal Act, for “18”, wherever occurring, substitute “21”.

12.

Section 51 amended: In section 51(2) of the Principal Act, for “18”, wherever occurring, substitute “21”.

13.
13.

Sections 52 and 53 substituted: For sections 52 and 53 of the principal Act substitute: “52.

Exclusion of certain person from casino venues: (1) The Authority may by notice in writing, direct the casino licensee to exclude from the casino a person specified in the notice.
(2) A direction under subsection (1) shall not be given unless the Authority believes, on reasonable grounds, that the person is, or has been, engaged in, or associated with persons engaged in, swindling, cheating or any malpractice in gaming.

8 Casino and Gambling Control 2018, No.


7 Amendment (3) Where a notice is given under subsection (1) to the casino licensee, the Authority: (a) shall make available to the casino licensee a recent photograph of the person specified in the notice; (b) if it is not practicable to comply with paragraph (a), shall provide the casino licensee with such a description of the person specified in the notice as is sufficient to enable the casino licensee to readily identify the person.
(4) A casino licensee who, without reasonable excuse, contravenes or fails to comply with a direction under subsection (1), commits an offence and is liable on conviction: (a) if such casino licensee is a body corporate, to a fine not exceeding 500 penalty units; or (b) if such casino licensee is a natural person, to a fine not exceeding 100 penalty units.

53.
53.

Revocation of direction: (1) The Authority may revoke a direction made under section 52(1), if the Authority is satisfied that the person is 2018, No.

7 Casino and Gambling Control 9 Amendment a fit and proper person to be permitted to enter and participate in gaming in the casino.

(2) A person whom a direction was given under section 52(1) must submit an application to the Authority to have the direction revoked.
(3) The Authority shall, as soon as practicable after revoking a direction, notify, in writing, the casino licensee and the person in respect of whom the direction was given of the revocation.

(4) A revocation under subsection (1) is to be made by in writing.”.

14.

Section 57 amended: In section 57 of the Principal Act, for “18”, wherever occurring, substitute “21”.

15.
15.

Section 61 amended: For section 61(2) of the principal Act substitute “is specified, for the purposes of this section, by the Minister by notice published in the Gazette” with “determined by the Chief Executive Officer”.

16.

Section 66 amended: (1) In section 66(1)(b)(iii) of the principal Act, substitute the full stop with “; and”, and after section 66(1)(b)(iii) insert: 10 Casino and Gambling Control 2018, No.
7 Amendment “(c) take photographs and measurements, and to otherwise collect any necessary evidence relating to any matter concerning compliance with this Act, or any other Act for which the Authority is responsible; and (d) require that any action be taken or that any activity cease in order to achieve compliance with this Act or any other Act for which the Authority is responsible; and (e) take samples for testing and analysis of any matter, substance or thing to ensure compliance with this Act or any other Act for which the Authority is responsible.”.
(2) In section 66(2)(b)(iii) of the principal Act, substitute the full stop with “; and”, after section 66(2)(b)(iii) insert: “(c) require the production of records and information held by any person relating to a licence held under this Act, or any other Act for which the Authority is responsible; and (d) require any person working in licensed premises to state their name, address and age, and to provide verification of such matters; and 2018, No.
7 Casino and Gambling Control 11 Amendment (e) where relevant require any person on licensed premises to state their name, address and age, and to provide verification of such matters.”.

17.
17.

Section 84 amended: In section 84 of the Principal Act: (a) after “Authority”, wherever occurring, insert “or Chief Executive Officer”; and (b) after subsection (1) insert: “(1A) Statement of an account referred to in subsection (1) includes copies of cheques and other transaction records relevant to the account.”; and (c) after subsection (5) insert: “(6) A bank or any officer of the bank who provides information for the purpose of this section is not liable for breach of trust.”.

18.
18.

Section 88A amended: In section 88A(1) of the Principal Act, for “by means of the internet” substitute “to provide interactive gaming services or to sell or supply interactive gaming products”.

12 Casino and Gambling Control 2018, No.

7 Amendment 19.

New sections 88B and 88C inserted: After section 88A insert: “88B.
Commission payable on interactive gaming and services: (1) A person who holds a licence issued under section 88A for interactive gaming and the provision of interactive gaming services must pay commission on the gross profit derived in connection with interactive gaming or interactive gaming services.

(2) The commission payable under subsection (1) is an amount determined by the Authority which must be specified in the licence as a percentage of gross profit.
(3) All payments of commission under this section must be paid into a fund determined by the Authority.

(4) Unless otherwise determined by the Authority under subsection (7)(a), the commission is payable to the Authority by a licensee to which subsection (1) applies on or before the last working day of a month following the month in respect of which the gross profit was made.

2018, No.
2018, No.

7 Casino and Gambling Control 13 Amendment (5) For the purposes of this section gross profit derived in a month from gaming is to be calculated by deducting the amount paid out as winnings in respect of the gaming or gaming services from the total amount received by the licensee from licensed activities.
(6) The Authority may determine any matter necessary for the calculation of the commission payable under this section, and give directions to a licensee to ensure that commission is properly determined, accounted for and paid to the Authority.
(7) Without limiting subsection (6), the Authority may give directions in relation to any of the following: (a) the time that commission must be calculated and paid to the Authority; (b) dealing with unclaimed prizes when determining the commission that is payable by a licensee.

88C.

Exemption from tax: The income of the Authority is wholly exempted from income tax under the Income Tax Act 2012.”.

14 Casino and Gambling Control 2018, No.

7 Amendment 20.
7 Amendment 20.

Section 89 amended: (1) After section 89(2)(u) of the Principal Act insert: “(ua) prescribe matters in relation to interactive gaming such as - (i) categories of interactive gaming licences; (ii) validity of interactive gaming licences; (iii) terms and conditions applicable to interactive gaming licences; (iv) restrictions in relation to categories of licences, including restrictions on where the licensed games can be conducted and persons permitted to participate in interactive gaming.”.
(2) In section 89(2)(w)(i) of the Principal Act, for “50” substitute “1000”.

(3) In section 89(2)(w)(ii) of the Principal Act: (a) (b) for “10” substitute “250”; after “units” insert “or imprisonment term not exceeding two (2) years or both.”.

21.

New Sections 89A and 89B inserted: After section 89 of the Principal Act insert: 2018, No.

7 Casino and Gambling Control 15 Amendment “89A.


Forms and fees: (1) The Chief Executive Officer may approve forms for any purpose under this Act, or any Act for which the Authority has responsibility.
(2) Regulations may be made to prescribe fees and charges for the purpose of this Act, and the amount of any fee or charge prescribed under this section: (a) shall be proposed by the Authority; and (b) is subject to the consideration and approval of the National Revenue Board under the Public Finance Management Act 2001.

89B.
89B.

Immunities for persons exercising powers under this Act: The Authority and its members, the Chief Executive Officer and officers and policies are not subject to any civil or criminal liability to any person affected by the lawful exercise of a power under the provisions of this Act or any other Act for which the Authority is responsible.”.

22.

Section 92 amended: For section 92(2) of the Principal Act substitute: 16 Casino and Gambling Control 2018, No.
7 Amendment “(2) The TAB shall continue to exercise the powers, duties and functions of the Board of the Authority from the date of commencement of this Act until ceased by the Head of State on the advice of the Cabinet.”.

23.

Consequential amendment to the Income Tax Act 2012: After Schedule 2, Part A(1) of the Income Tax Act 2012 insert: “(zg) the income of the Gambling Control Authority.”.
__________ The Casino and Gambling Control Amendment Act 2018 is administered by the Ministry of Public Enterprises.

Printed by the Clerk of the Legislative Assembly, by authority of the Legislative Assembly.