CASINO GAMING ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Objects of Act

   4   Powers of Betting, Gaming and Lotteries Commission not affected

 

PART II
Casino Gaming Commission

   5   Establishment of Casino Gaming Commission

   6   Functions of Commission

   7   Policy directions

   8   Delegation of functions

 

PART III
Approved Integrated Resort Development

   9   Declaration of approved integrated resort development

   10   Application for approved integrated resort development

   11   Minister may amend order

   12   Exclusivity for casino gaming business

 

PART IV
Casino Gaming Licence

   13   Restriction on operating casino

   14   Application for casino gaming licence

   15   Matters to be determined by the Commission on application

   16   Investigation re application

   17   Commission may require further information, etc

   18   Casino gaming licence, annual licence fee

   19   Commencement, duration, surrender and lapse of licence

   20   Review of casino gaming licence

   21   Licence not transferable

   22   Conditions of licence

   23   Variation of licence on application by casino operator

   24   Amendment of licence by Commission

   25   Change of control of the casino operator

   26   Temporary casino gaming licence

   27   Disciplinary actions

   28   Management of licensed premises

   29   Refusal of entry to and expulsion of persons from premises

 

PART V
Personal Licence for Employment in Casino

   30   Restriction on employment in specified office without personal licence

   31   Application for personal licence

   32   Non-transferability and validity of personal licence

   33   Provisional personal licences

   34   Variation or amendment of personal licence

   35   Review of personal licence

   36   Disciplinary action in respect of personal licence

   37   Termination of employment and cancellation of personal licence

 

Casino Operations

   38   Direction to casino operator

   39   Casino operator to provide information

   40   Change in circumstances of casino operator

   41   Change in circumstances of associate

   42   On-going monitoring of associates and other persons

   43   Restriction on use of casino facilities for gaming

 

Inspection and Enforcement

   44   Appointment and functions of inspectors and authorised persons

   45   Commission to issue identification card

   46   Certain powers of inspector and authorised person

   47   Forfeiture of abandoned gaming equipment or article

   48   Temporary management of casino business by Commission

 

PART VI
Controlled Contracts

   49   Control contracts

   50   Requirements for controlled contracts

   51   Parties to contract to provide information

   52   Notice to show cause why controlled contract should not be terminated

   53   Effect of termination of controlled contract

   54   No effect to be given to terminated contract

 

Gaming Rules and Gaming Equipment

   55   Approval of games and rules for games

   56   Directions as to games not to be played

   57   Approval of gaming equipment

   58   Licensing of gaming machine

   59   Gaming machines in casinos

   60   Simulated gaming

 

PART VII
Gross Profit Taxes

   61   Payment of gross profit tax

   62   Unclaimed winnings

 

PART VIII
Appeals

   63   Establishment of Appeals Tribunal

   64   Appeals to the Appeals Tribunal

 

PART IX
Offences and Penalties

   65   Offence of obstruction, etc

   66   Offence of failure to produce a licence, etc

   67   Offence of making false or misleading statements

   68   Offences by bodies corporate

   69   Punishment for offence specified in Sixth Schedule

 

PART X
General

   70   Confidentiality

   71   Casino contract to be valid and enforceable

   72   Regulations

   73   Amendment of Schedules and monetary penalties

      SCHEDULES

THE CASINO GAMING ACT

[Date of Commencement: Part I, Part II, Part X and First Schedule 3rd June, 2010]

Act 11 of 2010.

PART I
Preliminary

1   Short title

   (1) This Act may be cited as the Casino Gaming Act.

   (2) Different days may be appointed for the commencement of different provisions of this Act and for different purposes of a particular provision.

2   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "Appeals Tribunal" means the tribunal established under section 63;

   "applicant" means a person who makes an application for a licence, authorisation or approval under this Act and reference to an application shall be construed accordingly;

   "appointed day" means in relation to-

   (a)   this Act, the date of commencement of this Act; and

   (b)   a particular provision of this Act, the date of commencement of that provision;

   "approved developer" means the developer of an approved integrated resort development;

   "approved integrated resort development" means an integrated resort development declared by the Minister under section 9(1) to be an approved integrated resort development;

   "associate" in relation to a casino operator or an applicant has the meaning specified in subsection (2);

   "associated hotel rooms" means hotel rooms which pursuant to an order under section 9, shall be available for occupancy during the operation of the casino;

   "authorised person" means any person appointed as such by the Commission under section 44;

   "casino" means any premises, part of any premises, or a facility, in or on which casino gaming business is conducted;

   "casino gaming" means the playing of games prescribed by the Commission under section 72(1)(a);

   "casino gaming licence" means a licence for the operation of a casino granted by the Commission under section 18(1)(a);

   "casino operator" means the holder of a casino gaming licence or a temporary casino gaming licence;

   "chairman" means the chairman of the Commission;

   "Chief Executive Officer" means the Chief Executive Officer of the Commission, appointed under paragraph 16(1) of the First Schedule;

   "Commission" means the Casino Gaming Commission established by section 5;

   "contract" includes any kind of agreement or arrangement;

   "controlled contract" in relation to a casino operator-

   (a)   means-

         (i)   a contract that relates wholly or partly to the supply of goods or services for the operations of the casino or to any other matter that is prescribed as a controlled matter for the purposes of this definition;

         (ii)   a contract above a prescribed value; or

         (iii)   any class of contact prescribed as a controlled contract for the purposes of this definition; but

   (b)   does not include a contract that relates solely-

         (i)   the construction of the casino;

         (ii)   any other class of matter prescribed as not being a controlled matter for the purposes of this definition; and

         (iii)   a class of contract of a kind approved by the Commission;

   "disciplinary action" shall be construed in relation to-

   (a)   a casino operator, in accordance with section 27; and

   (b)   the holder of a personal licence, in accordance with section 36;

   "electronic" in relation to technology, means having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities and references to carrying out any act "electronically" shall be construed similarly;

   "electronic monitoring system" means any electronic or computer or communications system or device that is so designed that it may be used or adapted to send or receive data from gaming equipment in relation to the security, accounting or operating of gaming equipment;

   "exclusive geographical area" means an area specified in an order made under section 9 within which, subject to section 4, the Commission shall not grant a casino gaming licence to a person other than the approved developer, or his nominee;

   "exclusivity period" means, with respect to an order made under section 9, the specified period for which the Commission shall not, within the relevant exclusive geographical area, grant a casino gaming licence or a temporary casino gaming licence to a person, other than the approved developer or his nominee;

   "exclusivity status" shall be construed in accordance with section 12;

   "functions" includes powers and duties;

   "game" means a game of chance or a game that is partly a game of chance and partly a game requiring skill;

   "gaming" means the playing of a game for winnings in money or money's worth;

   "gaming equipment" includes-

   (a)   a gaming machine;

   (b)   linked jackpot equipment;

   (c)   an electronic monitoring system used in connection with any machine, equipment, device, thing or part mentioned in paragraph (a), (b), (d), (e) or (f);

   (d)   a computer programme or software used in connection with any machine, equipment, system, part, device or thing mentioned in paragraph (a), (b), (c), (e) or (f);

   (e)   a part of, or a replacement part for, any machine, equipment or system mentioned in paragraph (a), (b), (c) or (d); and

   (f)   any device or thing (including chips) used, or capable of being used, for or in connection with gaming;

   "gaming machine" means any device, whether wholly or partly mechanically or electronically operated, designated by the Commission for use for gaming which, as a result of making a bet on the device, winnings may become payable;

   "gross profit" shall be construed in accordance with section 61(2);

   "gross profit tax" shall be construed in accordance with section 61;

   "hotel" means any building, or group of buildings within the same precinct, containing hotel rooms and facilities for meals and other amenities for the accommodation of transient guests for reward;

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