Remote Gambling Act 2014 · 2020 Revised Edition · Part 1 · Preliminary
5. Meanings of “remote gambling”, “remote communication”, etc.
Feedback & supportIn this Act, “remote gambling” means gambling in which a person participates by the use of remote communication, even if the gambling is done only partly by means of remote communication.
gambling
“gambling” means all or any of the following:(a)betting;(b)gaming;(c)participating in a lottery;
In this Act, “remote communication” means communication through —
the Internet;
telephone;
television or radio; or
any other kind of electronic or other technology for facilitating communication,but does not include any specific system or method of communication that the Minister declares, by order in the Gazette, as not to be treated as remote communication for the purposes of this Act.
In this Act, a “remote gambling service” means a gambling service provided to customers for them to participate in gambling by the use of remote communication.
gambling service
“gambling service” means —(a)a service for the conduct of a public lottery;(b)a service for the supply of any public lottery tickets;(c)a service for the negotiating, placing, making, receiving or accepting of bets; or(d)a service for the conduct of a game of chance where the game is played for money or money’s worth, and a customer of the service gives or agrees to give money or money’s worth to play or enter the game;
In this Act, a person provides a remote gambling service where the person does any of the following in the course of carrying on a business:
business
“business” includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis;
provides facilities for remote gambling by others in accordance with arrangements made by the person;
organises, manages or supervises remote gambling by others in accordance with arrangements made by the person, which may include inviting others to gamble, or placing, making, receiving or accepting bets, using remote communication in accordance with those arrangements;
distributes a prize offered in remote gambling in accordance with arrangements made by the person;
distributes money or money’s worth paid or staked by others in remote gambling in accordance with arrangements made by the person;
facilitates participation by others in remote gambling in accordance with arrangements made by the person (including by allowing others to participate in such remote gambling);
uses a document, device, piece of equipment or other thing for the purposes of enabling remote gambling by others to take place in accordance with arrangements made by the person.
For the purposes of this Act, a person provides facilities for remote gambling if the person makes facilities for remote communication available for use, being facilities which are adapted or presented in such a way as to facilitate, or to draw attention to the possibility of, their use for gambling, and the nature, adaptation or presentation of the facilities is such that —
facilitate
“facilitate”, in relation to the commission of an offence, means any conduct by a person that enables or aids the commission of the offence by another where either —(a)the person intends that the conduct would enable or aid the commission of the offence; or(b)the person is reckless as to whether or not the conduct would enable or aid the commission of the offence,but does not include mere advertising;
they cannot reasonably be expected to be used for purposes other than gambling; or
they are intended to be used wholly or partly for gambling.
For the purposes of subsection (4) or (5), it does not matter whether facilities for remote gambling are provided —
only partly by means of remote communication; or
outside Singapore or partly inside and partly outside Singapore.
However, a person does not provide a remote gambling service or provide facilities for remote gambling, and is not an agent referred to in section 9(1) or (2), merely because the person provides, or operates facilities for network access, or provides services relating to, or provides connections for, the transmission or routing of data.
For the purposes of this Act —
a remote gambling service has a foreign‑customer link if none of the customers is physically present in Singapore, whether or not an individual who is physically present in Singapore is capable of becoming a customer of that service; and
a remote gambling service has a Singapore‑customer link if any of the customers is physically present in Singapore,and in determining for the purposes of paragraph (a) whether an individual who is physically present in Singapore is capable of becoming a customer of a service, it is to be assumed that the individual will not falsify or conceal the individual’s identity or location.
For the purposes of this Act, a remote gambling service is a Singapore‑based remote gambling service if —
the service is provided in the course of carrying on a business in Singapore;
the central management and control of the service is in Singapore; or
where the service is provided to customers using an Internet carriage service, all or any of the relevant Internet content is hosted in Singapore.
In subsection (9)(c), “relevant Internet content”, in relation to a remote gambling service, means Internet content that is accessed, or available for access, by an end user in the capacity of a customer of that remote gambling service.