The Casino Control (Amendment) Bill (“CCA Bill“), introduced by the Ministry of Home Affairs (“MHA“) for First Reading in Parliament on 6 August 2024, was passed on 10 September 2024.
The CCA Bill will implement various amendments to the Casino Control Act 2006 (“CCA“) to: (i) enhance the operational effectiveness of the casino regulatory regime; (ii) tighten the regulation of casinos and licensees; and (iii) strengthen protection for vulnerable groups. The proposed amendments are summarised below (see also MHA’s press release dated titled “Casino Control (Amendment) Bill”). The key features of the CCA Bill are as follows:
- Enhancing Gambling Regulatory Authority’s (“GRA’s”) Regulatory Powers to Future-Proof Regulatory Regime for Casino Gambling
- GRA presently regulates games of chance offered by casinos. The CCA Bill will expand the scope of GRA’s regulation to include betting and lotteries within casinos (although there are no current plans to introduce the same).
- GRA presently approves gaming machines comprising both software and hardware. The CCA Bill will empower GRA to approve gaming software which can be deployed on mobile devices, and which if approved, must only be deployed and playable within casino premises.
- GRA will be empowered to prescribe any instrument or thing to be regarded as chips, to allow for new wagering instruments (virtual credits, etc.) to be used if suitable.
- The CCA Bill will update and streamline GRA’s approval process for manufacturers and suppliers of gaming machines, requiring only those with control over the design and manufacture of the machines to seek approval.
- Strengthening Regulation of Main Shareholders, Substantial Shareholders, and Controllers of Casino Operators (“COs”)
- For main shareholders (as designated by the Minister for Home Affairs (“Minister“)), the CCA Bill will transfer powers related to the approval of associated divestments and acquisitions from GRA to the Minister (who is better placed to consider whole-of-Government perspectives).
- For (i) controllers (at least 12% stake in or significant control over CO); and (ii) substantial shareholders (at least 5% stake in CO), the CCA Bill will transfer related powers for approval or cessation as a controller or substantial shareholder from the Minister to GRA, with an appeal mechanism to the Minister.
- The CCA Bill will tighten the criteria for identifying associates who require approval under the controlled shareholdings regime, to require approval only for those corporations that are able to exercise influence or control over the CO.
- Strengthening Evaluation Panel’s Ability to Consider Future Factors to Better Assess Economic Attractiveness of Integrated Resorts (“IRs”) in Advising GRA
- The CCA Bill clarifies that the Evaluation Panel (which advises GRA on IR operators’ abilities to develop, maintain, and promote the IR) may also take into account future industry standards and market demand (not just prevailing ones), in assessing how IRs compare to industry standards and whether they meet market demand.
- Introducing Enhanced Offences and Expanding Suitability Criteria for COs to Deter Casino-Related Crime and Protect Integrity of Gaming Operations
- New offences will be introduced for effective deterrence against casino-related crime, including: (i) withdrawing bets after game results are known; (ii) recording non-card games; and (iii) destroying or falsifying key documents knowing that the same is required to be produced under the CCA.
- The CCA Bill will address challenges in prosecuting persons who are excluded from entering, remaining, or taking part in gaming in a casino, by making such persons liable if it is proven that they know or ought reasonably to know that they were excluded persons.
- The CCA Bill will allow GRA to consider the following criteria, on an ongoing basis, for assessing a CO’s suitability to hold a casino licence, i.e. whether the CO: (i) conducts business in an unethical manner or that will bring discredit to casino gambling in Singapore; and (ii) has poor corporate governance practices or weak internal controls.
- GRA will be empowered to take disciplinary action against: (i) COs for breaches of such criteria; and (ii) licensees (i.e. COs, special employees, international market agents and their representatives) for regulatory breaches even after their licences have lapsed, if the disciplinary action commenced prior to the lapse.
- Requiring Information Sharing between COs to Combat Money Laundering (“ML”), Terrorism Financing (“TF”) and Proliferation Financing (“PF”)
- The CCA Bill will allow and require information sharing about patrons directly between COs to combat ML, TF and PF, as this would overcome personal data protection restrictions and facilitate quicker action.
- Maintaining Effective Social Safeguards Against Problem Gambling
- The CCA Bill will criminalise breaches of Family Visit Limits for casinos, for parity with breaches of other orders or limits which have already been criminalised.
- The CCA Bill will allow the National Council on Problem Gambling, which administers certain casino Exclusion Orders and Visit Limits, to: (i) substitute Exclusion Orders with Visit Limits and vice versa immediately (replacing the present process which takes one to two months); and (ii) substitute safeguards with more stringent ones (e.g. substitute a Visit Limit with an Exclusion Order) to better protect individuals.
- The CCA Bill will regularise the higher casino entry levies that were collected from 4 April 2024 to 7 May 2024 (following an oversight that led to a temporary reversion to lower rates) to maintain the effectiveness of such levies as social safeguards.
Other Miscellaneous Amendments
The CCA Bill will streamline the regulatory process for contracts signed by COs and align the penalties for existing offences with similar offences in other laws.
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