Casino Control (Casino Marketing Arrangements) Regulations 2013

In these Regulations, unless the context otherwise requires —

In these Regulations, a person is an “associate” of a licensed international market agent or an applicant for an international market agent licence if the person is, in the opinion of the Authority, able or will be able to exercise a significant influence over or with respect to the management or operation of the business of the licensed international market agent or the applicant relating to the grant of an international market agent licence.

In determining whether a person is able or will be able to exercise the significant influence referred to in paragraph (2), the Authority may consider all or any of the following:

For the purposes of section 110A(1) of the Act ––

Paragraph (1) shall not apply to ––

A casino operator must not permit a licensed international market agent to commence a casino marketing arrangement in its casino unless —

An international market agreement must be in writing and include the following:

Where the international market agreement is not written in the English language, the casino operator which is party thereto must lodge at the same time with the Authority a certified translation thereof in the English language.

The casino operator which is party to an international market agreement must notify the Authority of any change to —

The casino operator must notify the Authority not later than 5 days after the termination of any international market agreement to which it is a party.

For the purposes of this regulation and regulation 47, a casino marketing arrangement commences in a casino when international players commence gaming in the casino on the casino marketing arrangement.

A casino operator must give an arrival report to the Authority in writing in a form approved by the Authority, not less than one hour before the commencement of a casino marketing arrangement in its casino, or within such other period as the Authority may require by notice in writing to the casino operator, in relation to any particular casino marketing arrangement.

The arrival report under paragraph (1) must contain —

If any change occurs in the information referred to in paragraph (2) provided in the arrival report, the casino operator must without delay give the Authority written particulars of the change.

No commission may be paid in relation to the participation of any person in a casino marketing arrangement whose name is not in the arrival report under paragraph (1) as an international player on that casino marketing arrangement.

A casino operator shall issue an identification pass of a type approved by the Authority to every licensed international market agent (who is an individual) and licensed international market agent representative who is licensed to conduct casino marketing arrangements in its casino premises.

An identification pass issued to an international market licensee under paragraph (1) shall contain —

An application for an international market agent licence shall be made to the Authority in such form and manner as the Authority may provide and shall be accompanied by —

The Authority may refuse to consider an application under paragraph (1) if ––

Where any application for an international market agent licence, received and considered by the Authority before the date of publication of the notice referred to in regulation 13(3)(a), is refused on the ground stated in regulation 13(2), the Authority shall refund the costs of investigation paid in respect of the application under paragraph (1), and any application made under regulation 8(1), without interest to the applicant.

An application for an international market agent representative licence shall be made to the Authority by a licensed international market agent (or an applicant for an international market agent licence) on behalf of any person he or it intends to employ to organise, promote or conduct a casino marketing arrangement on his or its behalf.

Every application under paragraph (1) shall be submitted using the relevant application form issued by the Authority and shall be accompanied by —

The Authority may refuse to consider an application under paragraph (1) if ––

A person shall not be eligible to apply for or to hold an international market agent licence or international market agent representative licence, if —

Where a licensed international market agent or licensed international market agent representative becomes ineligible to hold the licence under paragraph (1), the licence shall lapse.

Where a licence lapses under paragraph (2), the person who held the licence shall, within 14 days after the date on which the licence lapses, notify the Authority in writing of the lapsing of the licence and shall return the licence to the Authority.

Any person who, without reasonable excuse, fails to comply with paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

On receiving an application for an international market agent licence or international market agent representative licence, the Authority shall cause to be carried out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.

In particular, the Authority or an authorised person may —

The Commissioner of Police or any police officer authorised by the Commissioner shall inquire into and report to the Authority on such matters concerning the application as the Authority requests.

The Authority may refuse to consider an application for a licence if ––

If a change occurs in the information provided in or in connection with an application for an international market agent licence or international market agent representative licence (including in any document lodged with the application) before the application is granted or refused, the applicant must without delay give the Authority written particulars of the change.

If the Authority or an authorised person requires information under regulation 10 from a person whose association with the applicant is in the opinion of the Authority relevant to the application, and a change occurs in that information before the application is granted or refused, that person must without delay give the Authority written particulars of the change.

Any person who fails to comply with paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

When particulars of the change are given, those particulars shall be considered to have formed part of the original application for the purposes of the application of paragraph (1) or (2) to any further change in the information provided.

The costs of investigation in relation to each application for, or renewal of ––

The Authority may, from time to time, give a written notice to the international market agent making the application of the estimated costs of investigation and require the international market agent to pay such estimated costs to the Authority within such period as may be specified in the notice.

At the conclusion of the investigation into the application or if the application is withdrawn, the Authority shall certify the actual costs of the investigation, and shall ––

The certificate of the Authority stating the actual costs of the investigation under paragraph (3) shall be conclusive evidence of such amount.

The Authority shall consider whether to grant an application for an international market agent licence, having regard to the information before it, including the following matters:

For the purposes of section 110B(2) of the Act, the Authority shall not grant an international market agent licence to an applicant with respect to a casino unless the Authority is satisfied that the grant of such a licence does not result in the total number of international market agent licences in force exceeding such maximum number of international market agent licences as the Authority has, in the public interest, determined for that casino.

If the Authority determines that the maximum number of international market agent licences with respect to any casino is attained, the Authority shall —

The Authority shall determine the application by either issuing an international market agent licence to the applicant or refusing the application, and shall notify the applicant in writing accordingly.

The Authority is not required to give reasons for its decision but may give reasons if it thinks fit.

The Authority shall consider whether to grant an application for an international market agent representative licence, having regard to the information before it, including the following matters:

The Authority shall determine the application by either issuing an international market agent representative licence to the applicant or refusing the application, and shall notify the applicant in writing accordingly.

The Authority is not required to give reasons for its decision but may give reasons if it thinks fit.

An international market agent licence or international market agent representative licence may be granted subject to such conditions as the Authority may impose from time to time.

An international market agent licence or international market agent representative licence granted under paragraph (1) shall only be valid in and with respect to any casino of which the casino operator has given its endorsement of the international market agent, or the international market agent employing the international market agent representative, as the case may be.

A condition of a licence may be amended or revoked by the Authority, whether on its own motion or on the application of the licensed international market agent or licensed international market agent representative.

The Authority shall allow the licensed international market agent or licensed international market agent representative such period as it may specify to make submissions to the Authority concerning any proposed addition or amendment of a condition (whether proposed by the Authority or the international market licensee) and must consider any submission so made.

The Authority shall notify the international market licensee concerned of any addition, amendment or revocation of a condition of the international market agent licence or international market agent representative licence, as the case may be.

An international market agent licence shall be valid for such period as the Authority may specify in the licence (not being longer than 3 years), unless before that date —

Where an international market agent licence lapses under paragraph (1)(b), the international market agent shall, within 14 days after the date on which the licence lapses, return the licence to the Authority.

Any person who, without reasonable excuse, fails to comply with paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

An international market agent representative licence shall be valid for such period as the Authority may specify in the licence (not being longer than 3 years), unless before that date the licence lapses under regulation 9(2) or paragraph (2) or is cancelled under section 110C of the Act or regulation 42.

An international market agent representative licence lapses when ––

Where an international market agent representative licence lapses under paragraph (2), the international market agent representative shall, within 14 days after the date on which the licence lapses, return the licence to the Authority.

Any person who, without reasonable excuse, fails to comply with paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

A casino operator —

Where a casino operator withdraws its endorsement of an international market agent —

A withdrawal of endorsement by a casino operator under paragraph (1) shall —

A casino operator shall, at the time the notice of withdrawal is given to the international market agent or immediately thereafter, send a copy of the notice of withdrawal to the Authority.

The Authority may, by notice in writing, request the casino operator to provide such information or produce such records relevant to its endorsement or withdrawal of endorsement of any international market agent as the Authority may consider necessary, and the casino operator shall comply with such request.

Regulations 7 to 14 shall apply, with the necessary modifications and subject to this regulation, to an application for renewal of an international market agent licence or international market agent representative licence.

An application for renewal of an international market agent licence or international market agent representative licence must be —

If an application to renew an international market agent licence or international market agent representative licence is submitted to the Authority less than 6 months before the date of expiry of the licence, the application must, in addition to the renewal fee, be accompanied by the relevant late application fee specified in the Second Schedule.

Notwithstanding paragraph (3), if any requirement under this regulation is not complied with, the Authority may refuse to consider any application to renew an international market agent licence or international market agent representative licence.

Subject to paragraph (2), an international market licensee may surrender his or its international market agent licence or international market agent representative licence, as the case may be, by giving notice in writing to the Authority and returning the licence.

An international market licensee against whom disciplinary proceedings are instituted under regulation 42 shall not, without the permission of the Authority, surrender his or its international market agent licence or international market agent representative licence, as the case may be, during the interval before the disciplinary proceedings are concluded.

Every licensed international market agent must comply with the following duties:

If records are produced under this regulation, the Authority may retain possession of the records for such period as may reasonably be necessary.

Every licensed international market agent must comply with the following duties in relation to the licensed international market agent representatives in his or its employ:

If any records are produced under this regulation, the Authority may retain possession of the records for such period as may reasonably be necessary.

A licensed international market agent must notify the Authority of such changes as the Authority may, by notice in writing, require in relation to —

A licensed international market agent representative must notify the Authority of such changes in his own situation as the Authority may, by notice in writing, require.

A notification under paragraph (1) or (2) must be submitted to the Authority within such time and in such form and manner as the Authority may require.

A licensed international market agent must keep a record of every casino marketing arrangement organised, promoted or conducted by it, in such form and manner as the Authority may require, which must include ––

The licensed international market agent shall, whenever requested by the Authority to do so ––

The Authority may, at any time by a notice in writing —

A licensed international market agent to whom a notice under paragraph (1) is directed shall engage, at his or its own expense, a public accountant approved by the Authority to be the special auditor to conduct the special audit in accordance with the terms of reference and within the time specified in the notice.

The special auditor engaged under paragraph (2) shall submit his report, all relevant supporting documents and such other information or report as the Authority may require in relation to the special audit, to the Authority not later than 60 days after the conclusion of the special audit or within such other period as the Authority may specify in any particular case.

In this regulation, “public accountant” means a person who is registered or deemed to be registered under the Accountants Act 2004 as a public accountant.

Subject to paragraph (2), no licensed international market agent shall share with any person who is not a licensed international market agent or a licensed international market agent representative, all or part of any commission or other payment received by or due to the licensed international market agent from a casino operator, or the person for the time being in charge of the casino, for the organisation, promotion or conduct of a casino marketing arrangement.

Notwithstanding paragraph (1), a licensed international market agent may pay a referral fee to any person who introduces an international player to the licensed international market agent, on the condition that the fee is —

Every —

The Authority may give to a licensed international market agent a written direction that relates to the organising, promoting or conducting of casino marketing arrangements and the licensed international market agent shall comply with the direction as soon as it takes effect.

The direction takes effect when the direction is given to the licensed international market agent or on a later date specified in the direction.

The power conferred by this regulation includes a power to give a direction to a licensed international market agent to adopt, vary, cease or refrain from any practice in respect of the conduct of casino marketing arrangements.

A direction under this regulation to a licensed international market agent shall not be inconsistent with the Act or the conditions of the international market agent’s licence.

Any licensed international market agent who or which fails to comply with a direction under this regulation shall be liable to disciplinary action under regulation 42.

Where a licensed international market agent has been subject to disciplinary action under paragraph (5) (referred to in this regulation as the first disciplinary action) and continues to fail to comply with the direction of the Authority, such failure shall constitute a fresh ground of disciplinary action for every day or part thereof that the failure continues after the first disciplinary action.

The Authority may, from time to time, inquire into —

In particular, the Authority shall consider whether there is any information that an associate, or a person likely to become an associate, of a licensed international market agent —

A licensed international market agent shall notify the Authority in writing that a person is likely to become an associate of the licensed international market agent as soon as practicable after the licensed international market agent becomes aware of the likelihood.

The Authority may, by notice in writing, require a person referred to in paragraph (1)(a) or (b) —

If records are produced under this regulation, the Authority may retain possession of the records for such period as may reasonably be necessary for inquiries to be carried out.

At any reasonable time during the period for which records are retained, the Authority shall permit inspection of the records by a person who would be entitled to inspect them if they were not in the possession of the Authority.

The Authority may —

The Commissioner of Police or any police officer authorised by the Commissioner shall inquire into and report to the Authority on such matters concerning the associate, or person likely to become an associate, of the licensed international market agent as the Authority requests.

If the Authority determines that an associate of a licensed international market agent has engaged or is engaging in conduct that, in the Authority’s opinion, is unacceptable for a person who is concerned in or associated with the ownership, management or operation of the business of the licensed international market agent, the Authority may give written notice to the associate that the conduct is unacceptable.

If ––

Any licensed international market agent who or which fails to comply with paragraph (3) or (10) shall be liable to disciplinary action.

For the purposes of meeting any costs arising out of investigations in connection with the suitability of any licensed international market agent to continue to hold a licence, the Authority may, from time to time, give a written notice to the licensed international market agent to pay such estimated costs to the Authority within such period of time as may be specified in the notice.

Regulation 12(3) and (4) shall apply, with the necessary modifications and subject to this regulation, to any costs of investigation of suitability under paragraph (1) as it does to the costs of investigation of applications under regulation 12(1).

In any case where —

Any international market licensee who or which is aggrieved by any suspension under paragraph (1) may, within 10 days after he or it is suspended, make representations in writing to the Authority and the Authority may upon such representations, shorten or cancel the suspension.

The suspension under paragraph (1) shall take effect notwithstanding that any representation under paragraph (2) is pending.

In this regulation and regulation 42 —

A letter of censure may censure the licensed international market agent in respect of any matter connected with the ownership, administration or management of the licensed international market agent or the organisation, promotion or conduct of any casino marketing arrangement, and may include a direction to the licensed international market agent to rectify, within a specified time, any matter giving rise to the letter of censure.

If any direction to rectify given under paragraph (2) to a licensed international market agent is not complied with within the specified time, the Authority may, by written notice given to the licensed international market agent —

In this regulation and regulation 42 —

A letter of censure may censure the licensed international market agent representative in respect of any matter connected with the organisation, promotion or conduct of any casino marketing arrangement and may include a direction to the licensed international market agent representative to rectify, within a specified time, any matter giving rise to the letter of censure.

If any direction to rectify given under paragraph (2) to a licensed international market agent representative is not complied with within the specified time, the Authority may, by giving written notice to the licensed international market agent representative —

The Authority may inquire into whether there are grounds for disciplinary action against an international market licensee.

The Authority may serve on an international market licensee a notice in writing affording the international market licensee an opportunity to show cause within 14 days, or such longer period as the Authority may allow on application by the international market licensee, why disciplinary action should not be taken on grounds for disciplinary action specified in the notice.

The international market licensee may, within the period allowed under paragraph (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 shall consider any submissions so made.

The Authority may, after considering the submissions made by the international market licensee, then take such disciplinary action against the international market licensee as the Authority sees fit by giving written notice to the international market licensee of the disciplinary action that the Authority intends to take.

The cancellation, suspension or variation of an international market agent licence or international market agent representative licence takes effect when the notice under paragraph (4) is given or on a later date specified in the notice.

If any international market licensee organises, promotes or conducts a casino marketing arrangement during the suspension of his or its international market agent licence or international market agent representative licence under section 110C of the Act or regulation 39, the Authority may, without affording the international market licensee a further opportunity to be heard, by written notice, impose a financial penalty on the international market licensee ––

A member of the Authority who has participated in the consideration of disciplinary action against an international market licensee is not prevented by that reason alone from considering whether further disciplinary action should be taken against that same international market licensee.

During the period of suspension of an international market agent licence or international market agent representative licence under section 110C of the Act or regulation 42, the international market licensee concerned shall be deemed not to be a licensed international market agent or licensed international market agent representative, as the case may be.

The Authority may, at any time, terminate any suspension of an international market agent licence or international market agent representative licence, or reduce the period of any such suspension.

If an international market agent licence or international market agent representative licence is suspended or cancelled, the international market licensee concerned shall return his or its international market agent licence or international market agent representative licence to the Authority immediately after the suspension or cancellation takes effect, or within such other period as the Authority may specify by notice in writing to the international market licensee.

Any person who fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.

An inspector may by direction stop any person who is, or who reasonably appears to the inspector to be, organising, promoting or conducting a casino marketing arrangement, from performing that function if, on demand of the inspector ––

Any person who fails to comply with a direction of an inspector to stop performing the function of an international market agent or international market agent representative under paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.