# Casino Control Act 2006 (Singapore)/Part II

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PART II CASINO REGULATORY AUTHORITY OF SINGAPORE
Division 1—Establishment, incorporation and constitution of Authority
Establishment and incorporation of Casino Regulatory Authority of Singapore
5. There is hereby established a body to be known as the Casino Regulatory Authority of Singapore which shall be a body corporate with perpetual succession and shall, by that name, be capable of—
    (a) suing and being sued;
    (b) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and
    (c) doing and suffering such other acts or things as bodies corporate may lawfully do and suffer.
Common seal
6.—(1) The Authority shall have a common seal and such seal may from time to time be broken, changed, altered or made anew as the Authority thinks fit.
(2) All deeds and other documents requiring the seal of the Authority shall be sealed with the common seal of the Authority.
(3) All instruments to which the common seal is affixed shall be signed by any 2 members generally or specially authorised by the Authority for the purpose or by one member and the Chief Executive.
(4) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to any document and shall presume that it was duly affixed.
Constitution of Authority
7.—(1) The Authority shall consist of the following members:
    (a) a Chairman; and ​
    (b) such other members, not being less than 4 or more than 16, as the Minister may, from time to time, determine.
(2) The Schedule shall have effect with respect to the Authority, its members and its proceedings.
Division 2—Functions, duties and powers of Authority
Objects of Authority
8. The objects of the Authority are to maintain and administer systems for the licensing, supervision and control of casinos, for the purpose of—
    (a) ensuring that the management and operation of a casino is and remains free from criminal influence or exploitation;
    (b) ensuring that gaming in a casino is conducted honestly; and
    (c) containing and controlling the potential of a casino to cause harm to minors, vulnerable persons and society at large.
Functions and duties of Authority
9.—(1) Subject to the provisions of this Act, the functions and duties of the Authority shall be to—
    (a) license and regulate the operation of casinos;
    (b) approve any system of controls and administrative and accounting procedures of a casino;
    (c) advise the Minister concerning policy in relation to supervision and inspection of casinos;
    (d) do all things it is authorised or required to do under this Act, including but not limited to—
       (i) supervising the operation of casinos, the persons responsible for such operations and the conduct of gaming within the casinos;
       (ii) ensuring that the handling, collection, disbursement and counting of money within casino premises is supervised;
       (iii) detecting offences committed within casino premises or in relation to casinos; ​
       (iv) receiving and investigating complaints from casino patrons concerning the conduct of gaming in the casino;
       (v) adjudicating cases of dispute between a casino operator and patrons of the casino;
       (vi) investigating the suitability of applicants for licences;
       (vii) checking casino records as required;
       (viii) inspecting, testing and approving gaming equipment and chips used in casinos; and
       (ix) preparing and giving to the Minister such reports concerning the operation of casinos and the conduct of gaming in them as the Authority thinks fit or as the Minister may request; and
    (e) perform such other functions as are conferred or imposed on the Authority by or under this Act or any other written law.
(2) The Authority may undertake such other functions and duties as the Minister may assign to the Authority and in so doing, the Authority shall be deemed to be fulfilling the purposes of this Act, and the provisions of this Act shall apply to the Authority in respect of such functions and duties.
(3) Nothing in this section shall be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.
Powers of Authority
10.—(1) Subject to the provisions of this Act, the Authority may carry on such activities as appear to the Authority to be advantageous, necessary or expedient for it to carry on for or in connection with the performance of its functions and the discharge of its duties under this Act or any other written law.
(2) Without prejudice to the generality of subsection (1), the Authority may—
    (a) conduct such investigations as may be necessary for enforcing this Act; ​
    (b) require any person to furnish such returns and information as may be necessary for implementing the provisions of this Act;
    (c) issue or approve codes of practice relating to casino operations;
    (d) publish educational materials or carry out research or other educational activities relating to casino gaming, or to support (financially or otherwise) the carrying out by others of such activities or the provision by others of information or advice;
    (e) enter into such contracts as may be necessary or expedient for the purpose of performing its functions or discharging its duties;
    (f) become a member or an affiliate of any international body, the functions, objects or duties of which are similar to those of the Authority;
    (g) acquire and hold property, both movable and immovable, and to sell, lease, mortgage or otherwise dispose of the property;
    (h) make provision for gratuities, pensions, allowances or other benefits for employees or former employees of the Authority; and
    (i) make provision for the specialised training of any employee of the Authority and, in that connection, to offer scholarships to intending trainees or otherwise pay for the cost of the training and all expenditure incidental thereto.
(3) This section shall not be construed as limiting any power of the Authority conferred by or under any other written law.
(4) The Authority shall furnish the Minister information with respect to its property and activities in such manner and at such times as the Minister may, from time to time, require.
Directions by Minister
11. The Minister may, after consultation with the Authority or otherwise, give to the Authority such directions, not inconsistent with the provisions of this Act, as to the performance and exercise by the Authority of its functions, duties and powers under this Act as the Minister may consider necessary, and the Authority shall give effect to all such directions.
​Appointment of committees and delegation of powers
12.—(1) The Authority may appoint from amongst its own members or from other persons who are not members such number of committees as it thinks fit for purposes which, in the opinion of the Authority, would be better regulated and managed by means of such committees.
(2) The Authority may, subject to such conditions or restrictions as it thinks fit, delegate to any such committee appointed under subsection (1) or to the Chairman or Chief Executive or to any other member, officer or employee of the Authority, any of the functions or powers of the Authority under this Act or any other written law, except—
    (a) the power of delegation conferred by this section; and
    (b) the power to make any subsidiary legislation.
(3) Any function or power delegated under subsection (2) to any committee or person may be performed or exercised by the committee or person to whom it has been delegated in the name and on behalf of the Authority.
(4) No delegation under this section shall prevent the performance or exercise of any function or power by the Authority.
Division 3—Provisions relating to staff and inspectors
Appointment of Chief Executive and other employees, etc.
13.—(1) The Authority shall, with the approval of the Minister, appoint a Chief Executive on such terms and conditions as the Authority may determine.
(2) The Chief Executive shall—
    (a) be known by such designation as the Authority may determine;
    (b) be responsible to the Authority for the proper administration and management of the functions and affairs of the Authority in accordance with the policy laid down by the Authority; and
    (c) not be removed from office without the consent of the Minister.
(3) The Minister shall consult the Public Service Commission before granting his approval under subsection (1) or before giving his consent under subsection (2)(c).
​(4) If the Chief Executive is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for any other reason temporarily unable to discharge his duties, another person may be appointed by the Authority to act in the place of the Chief Executive during any such period of absence from duty.
(5) The Authority may, from time to time, appoint and employ on such terms and conditions as the Authority may determine such officers, employees, consultants, inspectors and agents as may be necessary for the effective performance of its functions and discharge of its duties.
(6) The Authority may, from time to time, authorise any person to perform any function or duty or to exercise any power under this Act.
Functions of inspectors
14. The functions of an inspector are as follows:
    (a) for the purpose of ascertaining whether or not a casino operator is complying with the provisions of this Act, the conditions of the casino licence, and any direction issued by the Authority under this Act—
       (i) to inspect casino premises;
       (ii) to monitor the operations of a casino; and
       (iii) to examine gaming equipment used in a casino and records kept in relation to a casino;
    (b) to monitor the handling and counting of money on casino premises;
    (c) to assist in any other manner, where necessary, in the detection of offences committed under this Act on casino premises;
    (d) to receive and investigate complaints from casino patrons relating to the conduct of gaming;
    (e) to report to the Authority regarding the operations of a casino; and
    (f) to perform any other functions as are conferred on inspectors under this Act.
Powers of inspectors
15.—(1) An inspector may do any one or more of the following: ​
    (a) require any person in possession of, or having control of, any machinery, equipment or records relating to the operations of a casino to produce the machinery, equipment or records for inspection and to answer questions or provide information relating to the machinery, equipment or records;
    (b) inspect any machinery, equipment or records referred to in paragraph (a) and take copies of, extracts from, or notes relating to, those records;
    (c) if the inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any machinery, equipment or records;
    (d) stop any game conducted in a casino;
    (e) by written notice require—
       (i) the holder of any casino licence, special employee licence, junket promoter’s licence, or other authorisation under this Act;
       (ii) an employee of a person referred to in sub-paragraph (i); or
       (iii) any other person associated with operations or their management in premises the inspector is authorised to enter,
to attend before the inspector at a specified time and place and to answer questions, or to provide information within a reasonable period specified in the notice, with respect to any activity regulated by this Act;
    (f) examine and test any machinery or equipment referred to in paragraph (a) and order the person in charge of the machinery or equipment to withdraw it from use if it is unsatisfactory for use;
    (g) investigate any complaint from a patron of a casino relating to the conduct of any activity regulated by this Act;
    (h) any other thing authorised by this Act to be done by an inspector.
(2) If an inspector seizes any thing under this section, it may be retained by the inspector until the completion of any proceedings (including proceedings on appeal) in which it may be evidence but, in the case of records, the person from whom the records were seized shall be permitted to inspect and make copies of the records.
​(3) Subsection (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders.
Power to require names and addresses
16.—(1) An inspector who exercises a right of entry to casino premises under section 118 or under a search warrant may require a person on the premises to state the person’s full name and residential address.
(2) An inspector is not authorised to require a person to state his name or address unless the inspector—
    (a) suspects on reasonable grounds that the person has committed an offence; and
    (b) has informed the person, at the time of stating the requirement, that it is an offence to fail to comply with the requirement.
(3) Any person who fails to comply with a requirement made under subsection (1) shall be guilty of an offence.
Seizure and forfeiture of equipment, etc.
17.—(1) An inspector may seize—
    (a) any thing that the inspector reasonably suspects is gaming equipment that is not authorised under this Act to be on the casino premises; or
    (b) any article or thing the use or possession of which is unlawful.
(2) A police officer or an inspector may apply to a court upon completion of the investigation in relation to any item seized under subsection (1) for an order that the item seized under that subsection be forfeited to the Authority.
(3) On an application under subsection (2), the court shall order that the item be forfeited to the Authority if the court is satisfied that the item is—
    (a) gaming equipment that is not authorised under this Act to be on the casino premises; or
    (b) an article or thing the use or possession of which is unlawful,
as the case may be, regardless of whether a charge has been filed in relation to the item or whether a person has been convicted of an offence in relation to the item.
​(4) Any item forfeited under this section shall be disposed of in accordance with any direction of the court.
Division 4—Financial provisions
Funds and property of Authority
18. The funds and property of the Authority shall consist of—
    (a) grants made under section 21;
    (b) all fees, fines, composition sums and financial penalties paid into the funds of the Authority under this Act;
    (c) all moneys paid to the Authority for the purposes of the Authority;
    (d) all moneys paid to the Authority by way of grants, subsidies, donations, gifts and contributions;
    (e) all moneys received by the Authority by way of charges and fees for services rendered by the Authority to any person;
    (f) all moneys, dividends, royalties, interest or income received from any transaction made pursuant to the powers conferred on the Authority under this Act or any other written law;
    (g) all moneys borrowed by the Authority under this Act;
    (h) all other moneys and property lawfully received by the Authority for the purposes of the Authority; and
    (i) all accumulations of income derived from any such property or money.
Financial year
19. The financial year of the Authority shall begin on 1st April of each year and end on 31st March of the succeeding year, except that the first financial year of the Authority shall begin on the appointed day and end on 31st March of the succeeding year.
Moneys recovered or collected by Authority
20. Except where otherwise provided, all moneys recovered and
Grants-in-aid
21. For the purpose of enabling the Authority to perform its functions and discharge its duties under this Act, the Minister may, from time to time, make grants-in-aid to the Authority of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament.
Power to borrow
22.—(1) For the performance of its functions or discharge of its duties under this Act or any other written law, the Authority may, from time to time, raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from such source as the Minister may direct by—
    (a) mortgage, overdraft or other means, with or without security;
    (b) charge, whether legal or equitable, on any property vested in the Authority or on any other revenue receivable by the Authority under this Act or any other written law; or
    (c) the creation and issue of debentures, bonds or any other instrument as the Minister may approve.
(2) For the purposes of this section, the power to raise loans shall include the power to make any financial agreement whereby credit facilities are granted to the Authority for the purchase of goods, materials or things.
Issue of shares, etc.
23. As a consequence of the vesting of any property, rights or liabilities of the Government in the Authority under this Act, or of any capital injection or other investment by the Government in the Authority in accordance with any written law, the Authority shall issue such shares or other securities to the Minister for Finance as that Minister may, from time to time, direct.
Bank account
24.—(1) The Authority shall open and maintain an account with such bank as the Authority thinks fit.
​(2) Every such account shall be operated by such person as may, from time to time, be authorised in that behalf by the Authority.
Application of moneys
25. The moneys of the Authority shall be applied only in payment or discharge of the expenses, obligations and liabilities of the Authority and in making any payment that the Authority is authorised or required to make.
Power of investment
26. The Authority may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act (Cap. 1).
Accounts
27. The Authority shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that—
    (a) all payments out of its moneys are correctly made and properly authorised; and
    (b) adequate control is maintained over the assets of, or in the custody of, the Authority and over the expenditure incurred by the Authority.
Audit of accounts
28.—(1) The accounts of the Authority shall be audited by the Auditor-General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor-General (referred to in this Act as the auditor).
(2) A person shall not be qualified for appointment as an auditor under subsection (1) unless he is a public accountant who is registered or deemed to be registered under the Accountants Act (Cap. 2).
(3) The Authority shall, as soon as practicable after the close of each financial year, prepare and submit the financial statements in respect of that year to the auditor who shall audit and report on them.
​(4) The auditor shall in his report state—
    (a) whether the financial statements show fairly the financial transactions and the state of affairs of the Authority;
    (b) whether proper accounting and other records have been kept, including records of all assets of the Authority whether purchased, donated or otherwise;
    (c) whether the receipts, expenditure and investment of moneys and the acquisition and disposal of assets by the Authority during the financial year were in accordance with the provisions of this Act; and
    (d) such other matters arising from the audit as he considers necessary.
(5) The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the Authority.
(6) The auditor shall submit such periodical and special reports to the Minister and to the Authority as may appear to him to be necessary or as the Minister or the Authority may require.
Powers of auditor
29.—(1) The auditor or any person authorised by him shall be entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Authority.
(2) The auditor or any person authorised by him may make copies of, or take extracts from, any such accounting or other records.
(3) The auditor or any person authorised by him may require any person to furnish him with such information in the possession of that person or to which that person has access as the auditor or the person authorised by him considers necessary for the performance of his functions under this Act.
(4) Any person who—
    (a) refuses or fails, without any reasonable cause, to allow the auditor or any person authorised by the auditor access to any accounting and other records of the Authority in his custody or power; ​
    (b) refuses or fails, without any reasonable cause, to give any information possessed by him as and when required by the auditor or person authorised by the auditor; or
    (c) hinders, obstructs or delays the auditor or any person authorised by the auditor in the performance of his functions,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.
Presentation of financial statements and auditor’s report to Parliament
30.—(1) The Authority shall, as soon as its accounts and financial statements have been audited in accordance with the provisions of this Act, send to the Minister a copy of the audited financial statements, signed by the Chairman, together with a copy of the auditor’s report.
(2) Where the Auditor-General is not the auditor of the Authority, a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor-General at the same time they are submitted to the Authority.
(3) The Minister shall, as soon as practicable, cause a copy of the audited financial statements and of the auditor’s report referred to in subsection (1) to be presented to Parliament.
Division 5—General
Annual report
31.—(1) The Authority shall, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to the Minister a report dealing generally with the activities of the Authority during the preceding financial year and containing such information relating to the proceedings and policy of the Authority as the Minister may, from time to time, direct.
(2) The Minister shall, as soon as practicable, cause a copy of every such report to be presented to Parliament.
​Symbol or representation of Authority
32.—(1) The Authority shall have the exclusive right to the use of such symbol or representation as the Authority may select or devise and thereafter display or exhibit such symbol or representation in connection with its activities or affairs.
(2) Any person who uses a symbol or representation identical with that of the Authority, or 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 $5,000 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 thereof during which the offence continues after conviction.
Division 6—Transfer of property, assets, liabilities and employees
Transfer to Authority of property, assets and liabilities
33.—(1) As from the appointed day, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by the Ministry of Home Affairs and such assets, interests, rights, privileges, liabilities and obligations of the Government as may be determined by the Minister for Finance relating to the Ministry of Home Affairs shall be transferred to and shall vest in the Authority without further assurance, act or deed.
(2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister for Finance shall be conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested.
(3) Any immovable property to be transferred to and vested in the Authority under subsection (1) shall be held by the Authority upon such tenure and subject to such terms and conditions as the President may determine.
(4) Every agreement relating to any of the transferred properties to which the Government was a party immediately before the appointed day, ​whether or not of such nature that the rights and liabilities thereunder could be assigned, shall have effect as from that day as if—
    (a) the Authority had been a party to such an agreement; and
    (b) for any reference to the Government there were substituted in respect of anything to be done on or after the appointed day a reference to the Authority.
Transfer of employees
34.—(1) As from the appointed day, such persons or categories of persons as the Minister may determine who, immediately before that day, were employed by the Government shall be transferred to the service of the Authority on terms no less favourable than those enjoyed by them immediately prior to their transfer.
(2) If any question arises as to whether any person or any category of persons has been transferred to the service of the Authority under subsection (1), a certificate under the hand of the Minister shall be conclusive evidence that the person or category of persons was or was not so transferred.
(3) Until such time as terms and conditions of service are drawn up by the Authority, the terms and conditions of service in the Government shall continue to apply to every person transferred to the service of the Authority under subsection (1) as if he were still in the service of the Government.
(4) Notwithstanding the provisions of the Pensions Act (Cap. 225), no person who is transferred to the service of the Authority under this section shall be entitled to claim any benefit under that Act on the ground that he has been retired from the public service on account of abolition or reorganisation of office in consequence of the establishment of the Authority.
Service rights, etc., of transferred employees to be preserved
35.—(1) The terms and conditions to be drawn up by the Authority shall take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Authority under section 34 while in the employment of the Government.
​(2) Any term or condition relating to the length of service with the Authority shall recognise the length of service of the persons so transferred while in the employment of the Government to be service with the Authority.
(3) Nothing in the terms and conditions of service to be drawn up by the Authority shall adversely affect the conditions that would have been applicable to persons transferred to the service of the Authority as regards any pension, gratuity or allowance payable under the Pensions Act (Cap. 225).
(4) Where a person has been transferred to the service of the Authority under section 34, the Government shall be liable to pay to the Authority such portion of any pension, gratuity or allowance payable to the person on his retirement as the same shall bear to the proportion which the aggregate amount of his pensionable emoluments during his service with the Government bears to the aggregate amount of his pensionable emoluments during his service under both the Government and the Authority.
(5) Where any person in the service of the Authority, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to him or to such other person or persons wholly or partly dependent on him, as the Authority thinks fit, such allowance or gratuity as the Authority may determine.
Existing contracts
36. All deeds, schemes, bonds, agreements, instruments and arrangements subsisting immediately before the appointed day to which the Government is a party and relating to any person transferred to the service of the Authority under section 34 shall continue in force on and after that day and shall be enforceable by or against the Authority as if the Authority had been named therein or had been a party thereto instead of the Government.
Pending proceedings
37. Any proceedings or cause of action relating to the portion of the property, assets, interests, rights, privileges, liabilities and obligations transferred to the Authority under section 33 or to any employee ​transferred to the service of the Authority under section 34 pending or existing immediately before the appointed day by or against the Government, or any person acting on its behalf, may be continued and shall be enforced by or against the Authority.
Continuation and completion of disciplinary proceedings
38.—(1) Where, on the appointed day, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Authority, the proceedings shall be carried on and completed by the Authority.
(2) Where, on the appointed day, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or direction had been made thereon, the committee shall complete the hearing or investigation and shall make such order, ruling or direction as it could have made under the authority vested in it before that day.
(3) Any order, ruling or direction made by a committee under this section shall be treated as an order, a ruling or a direction of the Authority and have the same force or effect as if it had been made by the Authority under this Act.
Misconduct or neglect of duty by employee before transfer
39. The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, whilst he was in the employment of the Government, been guilty of any misconduct or neglect of duty which would have rendered him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he had continued to be in the employment of the Government, and if this Act had not been enacted.