Clause 47

For the purposes of permitting and requiring the disclosure and sharing of certain information by casino operators to prevent and detect money laundering, terrorism financing or the financing of proliferation of weapons of mass destruction, the Authority may issue a written notice to every casino operator to comply with all or any of the requirements and measures mentioned in subsection (2), where —

the casino operator has made a suspicious transaction report in respect of any property or transaction; and

the casino operator has —

declined to establish a relationship, or decided to decline to establish a relationship, with a relevant party connected to any property or transaction; or

terminated a relationship, or decided to terminate a relationship, with a relevant party connected to any property or transaction,or other circumstances set out in the written notice exist.(2) The written notice mentioned in subsection (1) may specify —

the risk information in respect of a relevant party that the casino operator must disclose to the Authority and to every other casino operator, and the form, manner and time within which the risk information is to be disclosed;

other circumstances under which the risk information mentioned in paragraph (a) is to be disclosed;

the measures to be taken to ensure the accuracy and completeness of any risk information disclosed, including the measures to be taken to correct any error or omission in any risk information and a requirement to notify the Authority and every other casino operator as soon as practicable after any such error or omission comes to the knowledge of the casino operator;

the measures to be taken to ensure the confidentiality of the risk information disclosed, and received or accessed; and

the records to be kept in relation to any disclosure or receipt of or access to any risk information.(3) It is not necessary to publish any written notice issued under subsection (1) in the Gazette.(4) The Authority may at any time vary or rescind any written notice issued under subsection (1).(5) A casino operator must —

disclose the risk information specified by a written notice issued to it under subsection (1) in accordance with the requirements specified in that notice applicable to it; and

comply with any other requirements mentioned in subsection (2)(c), (d) and (e) imposed by the notice applicable to it.(6) The Authority may establish and maintain an electronic information sharing system for the purpose of enabling disclosures of risk information under subsection (1) to be made and received or accessed by casino operators.(7) Subject to subsection (8), any risk information disclosed, received or accessed under this section may only be disclosed by a casino operator to a prescribed person, and used for the purposes of preventing and detecting money laundering, terrorism financing or the financing of proliferation of weapons of mass destruction.(8) A casino operator must not disclose any risk information that it receives or accesses under this section to any other person, except where lawfully required to do so by or under the provisions of any written law or by any court.(9) A casino operator must comply with any written notice under subsection (1) despite any restriction against the disclosure of that information imposed by law, contract or rules of professional conduct.(10) A casino operator and any of its employees authorised to act for the casino operator, who comply with any written notice under subsection (1) are not liable for any loss arising out of the disclosure, or any act or omission in consequence of the disclosure, if the disclosure was made —

with reasonable care and in good faith; and

in accordance with the requirements of the written notice.(11) Sections 21 and 22 of the Personal Data Protection Act 2012 do not apply to a casino operator in relation to any personal data about an individual that is in the possession or under the control of the casino operator if the personal data was risk information received or accessed by the casino operator under this section.(12) Any casino operator who fails to comply with subsection (5) or (8) shall be liable to disciplinary action.(13) In this section —“identifying information” means any of the following information:

full name, including any alias used;

date of birth, for an individual;

date of incorporation or registration, for a body corporate or unincorporate;

address or addresses, which must be —

for an individual, the address of the individual’s usual place of residence; or

for a body corporate or unincorporate, the address of its registered office, the address of its principal place of business, or both;

contact details;

nationality, for an individual, or place of incorporation or registration, for a body corporate or unincorporate;

identification number, which must be —

for an individual —

an identity card number;

a passport number;

a taxpayer identification number; or

the number of any other document of identity issued by any government as evidence of the individual’s nationality or residence and bearing a photograph of the individual; or

for a body corporate or unincorporate —

a registration number; or

the number of any other document issued by any government certifying the incorporation, registration or existence of the body corporate or unincorporate;

the type of identifying document referred to in paragraph (g) and the expiry date (if any) of the identifying document;

occupation, for an individual, or business, for a body corporate or unincorporate;

any other information that the Authority may specify in the written notice issued under subsection (1);“relevant party”, in relation to a casino operator, means a person who —

is a patron, seeks to be a patron or has been a patron of the casino operator; or

is acting on behalf of a person mentioned in paragraph (a);“risk information”, in relation to a relevant party, means any of the following information or documents:

any particulars of the relevant party, including any identifying information of —

the relevant party;

the authorised signatory or signatories of the relevant party;

the beneficial owner or owners of the relevant party;

any officer of the relevant party;

where the relevant party is a partnership, any partner of the relevant party; and

where the relevant party is a limited liability partnership, any partner or manager of the relevant party;

any particulars of the relationship between the relevant party and the casino operator;

any particulars of any transaction the relevant party is a party to;

any other information that the casino operator has obtained, or any other analysis that the casino operator has performed, for the purpose of assessing whether the relevant party may have been or may be concerned in money laundering, terrorism financing, or the financing of proliferation of weapons of mass destruction;

any documents evidencing any of the matters in paragraphs (a) to (d);

any other information or documents that the Authority may specify in the written notice issued under subsection (1).”.