Singapore legislation
Section 54
Section 54
Disciplinary action against casino operator
(1)
In this section —
Definition
“disciplinary action”, in relation to a casino operator, means one or more of the following:
the cancellation or suspension of a casino licence;
the issuing of a letter of censure;
the variation of the terms of a casino licence;
the imposition of a financial penalty for each ground of disciplinary action —
in respect of a serious breach, of a sum not exceeding 10% of the annual gross gaming revenue (as defined in section 146(6)) of the casino operator for the financial year immediately preceding the date the financial penalty is imposed, as ascertained from the casino operator’s latest audited accounts; or
in respect of any other ground of disciplinary action, of a sum not exceeding $1 million;
Definition
“grounds for disciplinary action”, in relation to a casino operator, means any of the following grounds:
that the casino licence was improperly obtained in that, at the time the casino licence was granted or renewed, there were grounds for refusing it; (b)that the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee has contravened a provision of this Act or a condition of the casino licence;
that the casino premises are, for specified reasons, no longer suitable for the conduct of casino operations; (d)the casino operator is, for specified reasons, in the opinion of the Authority no longer a suitable person to hold the casino licence having regard to the matters in section 45(2); (e)the casino operator has failed to comply with a direction under subsection (7) of section 63 within the time referred to in that subsection to terminate an association with an associate; (f)the casino operator has failed to provide information that it is required by this Act to provide or has provided information knowing it to be false or misleading or reckless as to whether it is so;
Definition
“serious breach”, in relation to a casino operator, means a contravention of a provision of this Act or a condition of the casino licence by the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee which, in the opinion of the Authority —
severely affects the integrity of the casino operations or the integrity of gaming in the casino or severely undermines a measure intended to safeguard individuals or society against harm from casino gambling;
has caused or could cause significant gain of property to a person not legally entitled to it or significant loss of property to a person legally entitled to it;
has occurred as a result of wilful intent or reckless disregard for regulatory compliance;
has arisen from or in connection with a systemic failure or multiple failures in the management or operation of the casino; or
is injurious to the public interest or public order.
(2)
The Authority may serve on a casino operator a written notice giving the casino operator an opportunity to show cause within 14 days, or such longer period as the Authority may allow on application by the casino operator, why disciplinary action should not be taken on grounds for disciplinary action specified in the notice.
(3)
The casino operator may, within the period allowed under subsection (2), arrange with the Authority for the making of submissions to the Authority as to why disciplinary action should not be taken and the Authority must consider any submissions so made.
(4)
The Authority may then take such disciplinary action against the casino operator as the Authority sees fit by giving written notice to the casino operator of the disciplinary action that the Authority intends to take.
(5)
The cancellation, suspension or variation of a casino licence under this section takes effect when the notice under subsection (4) is given or on a later date specified in the notice.
(6)
A letter of censure may censure the casino operator in respect of any matter connected with the operation of the casino and may include a direction to the casino operator to rectify within a specified time any matter giving rise to the letter of censure.
(7)
If any direction given under subsection (6) is not complied within the specified time, the Authority may, by giving written notice to the casino operator, cancel, suspend or vary the terms of the casino licence or impose a financial penalty not exceeding the appropriate sum in paragraph (d) of the definition of “disciplinary action” in subsection (1) without giving the casino operator a further opportunity to be heard.
(8)
If a casino operator operates a casino during the suspension of the casino licence, the Authority may, by written notice, impose a financial penalty not exceeding the appropriate sum in paragraph (d) of the definition of “disciplinary action” in subsection (1) on the casino operator for every day or part of a day that the casino operations continue while the casino licence is suspended, without giving the casino operator a further opportunity to be heard.
(9)
A member of the Authority who has participated in the consideration of disciplinary action against a casino operator is not prevented by that reason alone from considering whether further disciplinary action should be taken against that casino operator.
(10)
Any error in, revision to or adjustment of a casino operator’s gross gaming revenue ascertained from its latest audited accounts does not affect the validity of any financial penalty imposed by the Authority under this section.