Singapore legislation
Section 30
Section 30
Regulatory sanctions
(1)
The Minister may impose one or more regulatory sanctions under subsection (2) on an exempt operator if the Minister is satisfied that the exempt operator —
has contravened or failed to comply with, or failed to secure the compliance by its employees, officers, agents or contractors with, any of the conditions of its certificate of exemption in the provision of a remote gambling service;
has failed to comply with any direction given by the Minister under section 29 or 30(2)(d);
is convicted of any offence under this Act; or
has done anything which, in the Minister’s opinion, is injurious to the public interest or security of Singapore.
(2)
The following are the regulatory sanctions for the purposes of subsection (1):
the issue of a letter of censure;
the variation of a condition of a certificate of exemption;
a financial penalty not exceeding $1 million for —
each instance of non‑compliance under subsection (1)(a) or (b);
each conviction of any offence under this Act; or
each act or omission which the Minister considers is injurious to the public interest or security of Singapore;
a direction restricting the exempt operator’s business of providing a remote gambling service;
the revocation, or the suspension (for not more than 6 months), of a certificate of exemption.
(3)
Subject to subsections (7) and (8), before exercising any powers under this section, the Minister must give written notice to the exempt operator concerned —
stating that the Minister intends to impose a regulatory sanction on the exempt operator;
specifying the type of regulatory sanction the Minister proposes to impose, and each instance of non‑compliance, conviction or act or omission that is the subject of the regulatory sanction; and
specifying the time (being not less than 14 days after the date of service of notice on the exempt operator) within which written representations may be made to the Minister with respect to the proposed regulatory sanction.
(4)
The Minister may, after considering any written representation made under subsection (3)(c), impose such regulatory sanction on the exempt operator as the Minister considers appropriate by giving written notice to the exempt operator of that regulatory sanction and without payment of any compensation.
(5)
Any regulatory sanction specified in the notice given under subsection (4) takes effect from the date on which that notice is given, or on such later date as may be specified in the notice.
(6)
A letter of censure may censure the exempt operator in respect of any matter connected with its business of providing a remote gambling service and may include a direction to the exempt 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 with within the specified time, the Minister may, without giving the exempt operator a further opportunity to make written representations, by written notice given to the exempt operator —
revoke or suspend (for not more than 6 months) that exempt operator’s certificate of exemption;
vary the conditions of that exempt operator’s certificate of exemption; or
impose a financial penalty not exceeding $1 million.
(8)
If an exempt operator fails to pay in full, by the due date for payment, a financial penalty imposed under subsection (4) or (7), the Minister may, by written notice, suspend (for not more than 6 months) that exempt operator’s certificate of exemption without giving the exempt operator a further opportunity to make written representations.
(9)
The revocation or suspension of any certificate of exemption under this section does not prejudice the enforcement by any person of any right or claim against the exempt operator or former exempt operator, or by the exempt operator or former exempt operator of any right or claim against any person.
(10)
If any financial penalty imposed under subsection (4) or (7) in respect of an exempt operator or any part thereof is not paid in full by the due date for payment, interest at the prescribed rate is to be payable by the exempt operator concerned on the outstanding amount of the financial penalty, and the Government may recover as a debt in a court of competent jurisdiction the amount that has become due and payable but has not been paid.